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HomeMy WebLinkAboutPR 25003: TEXAS PARKS AND WILDLIFE GRANT AGREEMENT FOR ENHANCEMENTS TO LINCOLN PARK t � rrNN crynf'_ ..yy �lAAAAAA t/�^ 11 www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 8, 2026 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP, Director of Parks and Recreation eiCA....d RE: P.R. 25003—Texas Parks and Wildlife Local Grant Agreement for Acceptance of a Grant for Enhancements to Lincoln Park Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 25003 authorizing the City Manager to execute an agreement with the Texas Parks and Wildlife Department to accept a grant in the amount of$100,000.00 for playground equipment and surfacing, sports court renovations and site amenities at Lincoln Park. , Background: The City of Port Arthur has been identified as a directed grant recipient in the General Appropriations Act of the 89th Texas Legislative Session through HB 500 Legislative Rider Funding. This designation provides the City with an opportunity to secure funding through the Texas Parks and Wildlife Department for park improvements without the traditional competitive grant process. Pursuant to Resolution No.26-049,the City Manager was authorized to apply for the Texas Parks and Wildlife Local Park Directed Grant for improvements and enhancements to Lincoln Park. The City of Port Arthur was awarded a reimbursable grant in the amount of $100,000.00 for playground equipment and surfacing, sports court renovations and site amenities at Lincoln Park. There is no required match for this grant. Budget Impact: None Recommendation: It is recommended that the City Council approve P.R.No.25003 authorizing the City Manager to execute an agreement with the Texas Parks and Wildlife Department to accept a grant in the amount of$100,000.00 for playground equipment and surfacing, sports court renovations and site amenities at Lincoln Park. "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. #25003 06/08/2026 ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE ACCEPTANCE OF A LOCAL PARK DIRECTED GRANT IN THE AMOUNT OF $100,000.00 FOR PLAYGROUND EQUIPMENT AND SURFACING, SPORTS COURT RENOVATIONS, AND SITE AMENITIES AT LINCOLN PARK LOCATED AT 713 W. 6TH STREET, WITH NO CASH MATCH REQUIRED WHEREAS, pursuant to Resolution No. 26-049, the City Council authorized the City Manager to apply for funding through the Texas Parks and Wildlife Department Local Park Directed Grant Program for improvements and enhancements to Lincoln Park located at 713 W.6th Street; and WHEREAS, the City of Port Arthur was identified as a directed grant recipient in the General Appropriations Act enacted by the 89th Texas Legislature; and WHEREAS, the Texas Parks and Wildlife Department has awarded the City of Port Arthur a Local Park Directed Grant in the amount of$100,000.00 for playground equipment and surfacing, sports court renovations, and site amenities at Lincoln Park; and WHEREAS,the grant does not require a local cash match; and WHEREAS, the City Council finds that acceptance of the grant will enhance recreational opportunities, improve public amenities, and promote the health, safety, and welfare of the citizens of Port Arthur; and WHEREAS, the City Council further finds that it is in the best interest of the City to enter into a grant agreement with the Texas Parks and Wildlife Department for the acceptance and administration of said grant. 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. The City Manager is hereby authorized to execute a Grant Agreement with the Texas Parks and Wildlife Department for the acceptance of a Local Park Directed Grant in the amount of $100,000.00 for playground equipment and surfacing, sports court renovations, and site amenities at Lincoln Park, in substantially the same form 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., 2026, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES: (Mayor) Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Christe Whitley Ned City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED AS A DMINISTRATION: it% , ACT,spops._ Ron Burton, CPM City Manager eiroffsAtz l �- Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: KVA yn Boswell Director of Finance Clifton illiams, CPPB Purchasing Manager Exhibit "A" TEXAS PARKS AND WILDLIFE Recreation Grants STATE GRANT AGREEMENT Department Contract Number: CA-0009280 Grant Project Number: RDR-26038 Recipient Name (Must match UEI): City of Port Arthur Recipient Unique Entity Identifier: EMVNEFYW2KN4 Project Name: Lincoln Park Award Date: 09/01/2025 Period of Performance: 09/01/2025-04/15/2030 State Award: $100,000.00 Recipient Cost Share: $0.00 Total Project Cost: $100,000.00 SECTION 1 -PROJECT DESCRIPTION AND LOCATION This Grant Agreement is entered into by the Texas Parks and Wildlife Department(Department), and the City of Port Arthur(Recipient). This award is funded through the Department under the authority of the 89th Texas Legislature General Appropriations Act. The scope of this Grant Agreement includes: This City of Port Arthur will redevelop 1.5 acres of Lincoln Park. The grant scope includes: playground equipment and surfacing, sports court renovation, and site amenities. Lincoln Park is located at 713 W. 6th Street, Port Arthur, Texas 77640. The sponsor agrees to all environmental and historical compliance requirements identified by the Texas Parks and Wildlife Department(TPWD) and Texas Historical Commission (THC). Rider is from the General Revenue Fund appropriated in HB500 Sec. 6.08 from the 89th Legislative session. This award is not for research and development. SECTION 2 SPECIFIC CONDITIONS N/A City of Port Arthur-Lincoln Park 1 SECTION 3 -PRE-AWARD INCURRENCE OF COSTS The Recipient shall be entitled to reimbursement of$1,000.00 in pre-award project planning costs incurred on or after 02/02/2026. 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. SECTION 4-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 Grant Manager: Dan Reece Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512) 389-4656 dan.reece@tpwd.texas.gov Grant Coordinator: Kara Escajeda Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512) 389-4222 kara.escajeda .tpwd.texas.gov Audit Team Lead: Marcy Cavazos Colunga Recreation Grants Branch 4200 Smith School Road Austin, Texas 78744 (512)389-8116 Marcy.CavazosColunga@tpwd.texas.gov City of Port Arthur-Lincoln Park 2 FOR GRANT RECIPIENT: The Recipient must request prior written approval from the Department for a change in key personnel identified below. 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(a�portarthurtx.gov Fiscal Contact Linda Coones Interim Controller 444 4th Street Port Arthur, Texas, 77640 (409) 983-8152 linda.coones anportarthurtx.gov SECTION 5—STANDARD FINANCIAL MANAGEMENT CONDITIONS The term "financial management conditions" refers to generally applicable policies and procedures for the accounting, reporting, and management of grant funds. Failure to follow a state or federal law applicable to the disbursement of grant funds may subject the Recipient to statutory, common law, and contractual remedies that may include administrative action, suspension of grant payments, termination, and in-eligibility for future grants. Recipients must comply with the Standard Financial Management Conditions for State Grant Programs listed in the Texas Grant Management Standards, attached. SECTION 6-AWARD AND PAYMENT A. The Department will provide funding to the Recipient in an amount not to exceed $100,000.00 for the project described under Project Description and Location above and in accordance with the Department-approved Budget Summary attached. City of Port Arthur-Lincoln Park 3 B. The Recipient shall obtain prior approval from the Department for budget and program revisions and shall request payment via the Department's Recreation Grants Online Grant Management System. C. Expenses charged against awards under the Grant Agreement may not be incurred prior to the beginning of the Grant Agreement, except as provided in Section 3 Pre-Award Incurrence of Costs, 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. D. 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. E. No cost-share is required for costs incurred under this Grant Agreement. F. Reimbursement will be the default method of payment. G. Any state funds paid to the Recipient exceeding the amount that the Recipient is determined to be entitled to under the state award constitutes a debt to the State of Texas and must be returned. H. Payments made for costs determined to be unallowable by the Department must be refunded to the Department. SECTION 7-PERFORMANCE REPORTING The Recipient must submit quarterly performance reports through the Recreation Grants Online System within 30 calendar days after the reporting period. Recipient must submit the final performance report 90 calendar days after the conclusion of the period of performance. The Department may extend the due date for any performance report with justification from the Recipient. When a significant development that could impact the state award occurs between performance reporting due dates, the Recipient must notify the Department.When significant developments occur that negatively impact the state award, the Recipient must include information on its plan for corrective action and any assistance needed to resolve the situation. SECTION 8-DEVIATIONS AND MODIFICATIONS The Recipient is required to report deviations from the approved budget, project or program scope, or objective, and request prior approval from the Department for budget and program plan revisions, in accordance with the Texas Grant Management Standards, attached. 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 the Recipient. SECTION 9- REMEDIES FOR NON-COMPLIANCE The Department may implement specific conditions if the Recipient fails to comply with Federal and State City of Port Arthur-Lincoln Park 4 statutes, rules, or the terms and conditions of the state award, under the following circumstances: (1) Recipient has a history of failure to comply with the terms and conditions of state awards; (2) Recipient fails to meet expected performance goals contained in the state award; or (3) Recipient has inadequate financial capability to perform the state award. Specific conditions may include the following: (1)withholding authority to proceed to the next phase until receipt of evidence of acceptable performance; (2) requiring additional or more detailed financial reports; (3) requiring additional project monitoring; (4) requiring the Recipient to obtain technical or management assistance; or (5) establishing additional prior approvals. Prior to imposing specific conditions, the Department must notify the Recipient as to: (1)the nature of the specific conditions; (2)the reason why the specific conditions are being imposed; (3)the nature of the action needed to remove specific conditions; (4)the time allowed for completing the actions; and (5)the method for requesting the Department to reconsider imposing a specific condition. Once the circumstances that prompted the imposition of the specific conditions have been corrected, the Department may remove the specific conditions(s) upon written request of the Recipient. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take one or more of the following actions, as appropriate in the circumstances: (1)Temporarily withhold payments until the Recipient takes corrective action; (2) Disallow costs for all or part of the activity associated with the noncompliance of the Recipient; (3)Suspend or terminate the state award in part or in its entirety; (4)Withhold further state funds (new awards or continuation funding)for the project or program; and (5) Pursue other legally available remedies. City of Port Arthur-Lincoln Park 5 SECTION 10-TERMINATION The state award may be terminated in part or in its entirety as follows: (1) By the Department if the Recipient fails to comply with the terms and conditions of the state award. (2) By the Department with the consent of the Recipient, in which case the two parties must agree upon the termination conditions. These conditions include the effective date and, in the case of partial termination, the portion to be terminated. (3) By the Recipient upon sending the Department a written notification of the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Department determines that the remaining portion of the state award will not accomplish the purposes for which the state award was made, the Department may terminate the state award in its entirety. (4) By the Department for cause. (5) By the Department for convenience. • When the state award is terminated in part or its entirety, the Department and the Recipient remain responsible for compliance with the requirements set forth in the Closeout and Post- Closeout Adjustments and Continuing Responsibilities sections of the Texas Grant Management Standards, attached. Notification of Termination Requirement The Department must provide written notice of termination to the Recipient unless the state award is being terminated by the Recipient. If the Recipient initiates the termination of the state award, then the Recipient must provide written notice of the termination to the Department.The written notice of termination should include the reasons for termination, the effective date, and the portion of the state award to be terminated, if applicable. Opportunities to Object, Hearings, and Appeals Upon initiating a remedy for noncompliance (for example, disallowed costs, a corrective action plan, or termination), the Department must provide the Recipient with an opportunity to object and provide information challenging the action. The Department will comply with any requirements for hearings, appeals, or other administrative proceedings to which the Recipient is entitled under any statute or rule applicable to the action. Effects of Suspension and Termination Costs to the Recipient resulting from obligations incurred by the Recipient during a suspension or after the termination of a state award are not allowable unless the Department expressly authorizes them in the notice of suspension or termination or subsequently. However, costs during suspension or after termination are allowable if: (1)the costs result from obligations that were properly incurred by the Recipient before the effective date of suspension or termination, and not in anticipation of it; and (2)the costs would be allowable if the state award was not suspended or expired normally at the end of the period of performance in which the termination takes effect. City of Port Arthur-Lincoln Park 6 SECTION 11 —CLOSEOUT The Department will close out the grant award when it determines that all applicable administrative actions and all required work of the grant have been completed by the Recipient. The Recipient must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. The Recipient must promptly refund any balances of unobligated cash that Department paid in advance or paid and that are not authorized to be retained by the Recipient for use in other projects. Liquidation of all costs must occur within 90 days of performance period end date. The Department may approve extensions. SECTION 12 -RECORDS RETENTION AND ACCESS The Recipient must maintain and retain records (for example, financial records, performance records, supporting documents) until the third anniversary of the later date of(1)the grant completion or expiration or (2)the resolution of all issues that arose from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the grant or documents. The Department, the State Auditor's Office, or any of their authorized representatives, must have the right to access any documents, papers,financial statements, or other records of the Recipient pertinent to the state award, to perform audits, execute site visits, or for any other official use. This right also includes timely and reasonable access to the Recipient's personnel for the purpose of interviewing and discussion related to such documents or the state award in general. This right of access is not limited to the required retention period but lasts as long as the records are retained. City of Port Arthur-Lincoln Park 7 SECTION 13 -TERMS OF ACCEPTANCE By accepting funds under this grant, the Recipient agrees to comply with the terms and conditions of this Grant Agreement, the Local Park Grant Program Guidance, and the Texas Grant Management Standards. Recipient also agrees to comply with assurances and certifications made in its approved grant application, and applicable federal statutes, regulations and guidelines. Recipient 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. Any change in local, state, and federal rules, regulations, or laws applicable to the Local Park Grant Program that occurs during the term of the Grant Agreement shall be automatically incorporated into the Grant Agreement without written amendment and shall become a part of the Agreement as of the effective date of the rule, regulation, or law. Signature Authority The person or persons signing this Grant Agreement on behalf of the Recipient hereby warrant and guarantee that they are duly authorized by the Recipient to execute this Grant Agreement on behalf of the Recipient and to validly and legally bind the Recipient to all the terms of this Grant 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 14—ATTACHMENTS INCORPORATED BY REFERENCE The following completed documents are attached to and made part of this Agreement: TPWD Approved Budget Summary TPWD Assurances for State Awards (Signature Required) TPWD Recipient Monitoring Plan Texas Grant Management Standards Working Boundary Map THC Review Recreational Grants Manual SECTION 15—SIGNATURES The signed Grant Agreement must be submitted to Recreation Grants Online within 15 days of the Recipient's date of signature. If not returned within 120 days of the Date of Issuance, this Grant Agreement is null and void. IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement on the date(s)set forth below. City of Port Arthur-Lincoln Park 8 TEXAS PARKS AND WILDLIFE DEPARTMENT Signature: Dan Reece Name and Title: Dan Reece Grant Manager Date of Issuance: 06/03/2026 SAM Number, Date, Initials: 06/01/2026/K.E. RECIPIENT NAME: Signature of Authorized Representative: Name and Title: Email: Phone: Date: City of Port Arthur-Lincoln Park 9 Project Budget Details Sponsor: Port Arthur Project Name: Lincoln Park Project Number: RDR-26038 A.PROFESSIONAL SERVICES Approved Grant Elements Professional Services 1,000 TOTAL PROFESSIONAL SERVICES COST 1,000 B.LAND ACQUISITION TOTAL LAND ACQUISITION COST - C.CONSTRUCTION Playground equipment with surfacing 48,647 Sport court renovation 30,866 Site amenities 19,487 TOTAL CONSTRUCTION COST 99,000 TOTAL PROJECT COST 100,000 REQUIRED SPONSOR MATCH 0 Pre-agreement Service Date: Pre-Agreement Services Amount: Uniform Assurances for State Funded Awards 10/17/2025 Texas Parks and Wildlife Department Recreation Grants Branch Uniform Assurances for State Funded Awards UNIFORM ASSURANCES Child Support Obligation Recipient represents and warrants that it will include the following clause in the award documents for every subcontract and will require contractors to certify accordingly: "Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." Compliance with Chapter 26,Texas Parks and Wildlife Code The Recipient acknowledges and agrees that any use of parkland or recreational land acquired or developed with grant funds must comply with Chapter 26 of the Texas Parks and Wildlife Code. The Recipient shall not convert such land to non-recreational use without prior written approval from the Department and compliance with all statutory requirements. Cybersecurity Training Program Recipient represents and certifies its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. If Recipient has access to any state computer system or database, Recipient shall complete cybersecurity training and verify completion of the training program to the Department pursuant to and in accordance with Section 2054.5192 of the Government Code. Debarment and Suspension Recipient certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM) maintained by the General Services Administration. Debts and Delinquencies With the exception of a Texas State Agency, Recipient agrees that any payments due under the contract or grant shall be applied towards any debt or delinquency that is owed to the State of Texas. Disclosure Protections for Certain Charitable Organizations, Charitable Trusts and Private Foundations Recipient represents and certifies that it will comply with Section 2252.906 of the Page 1 of 5 Uniform Assurances for State Funded Awards 10/17/2025 Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. Dispute Resolution The dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. Excluded Parties Recipient certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. Executive Head of a State Agency Affirmation Under Section 669.003 of the Texas Government Code, Recipient certifies that it does not employ, or has disclosed its employment of, any former executive head of the Agency. Funding Limitation Recipient agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of the Department in excess of the funds delineated in this Grant Agreement. Recipient agrees that funding for this Grant Agreement is subject to the actual receipt by the Department of grant funds appropriated to the Department. Recipient agrees that the grant funds, if any, received from the Department may be limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the Department for the purpose of this Grant Agreement. Recipient agrees that notwithstanding any other provision of this Grant Agreement, if the Department is not appropriated the funds or if the Department does not receive the appropriated funds for this grant program, or if the funds appropriated to the Department for this grant program are required to be reallocated to fund other federal or state programs or purposes, the Department is not liable to pay the Recipient any remaining balance on this grant. Indemnification To the extent permitted by the laws and constitution of the State of Texas, Recipient SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND DEPARTMENT, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF Recipient OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT and any Purchase orders issued under THE CONTRACT.THE DEFENSE SHALL BE COORDINATED BY Recipient WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND Recipient MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. Recipient AND DEPARTMENT AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. Page 2 of 5 Uniform Assurances for State Funded Awards 10/17/2025 Law Enforcement Agency Grant Restriction If Recipient is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code, Recipient represents and certifies that it will not use appropriated money unless the law enforcement agency is in compliance with all rules adopted by the Texas Commission on Law Enforcement(TCOLE),or TCOLE certifies that it is in the process of achieving compliance with such rules. Legal Authority Recipient represents that it possesses legal authority to apply for the grant. A resolution, motion or similar action has been duly adopted or passed as an official act of the Recipient's governing body,authorizing the filing of the application,including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or the designee of Recipient to act in connection with the application and to provide such additional information as may be required. Limitations on Grants to Units of Local Governments Recipient acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: •Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; •Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and •Sections 2113.012 and 2113.101 of the Texas Government Code. Lobbying Expenditure Restriction Recipient represents and certifies that Department's payments to Recipient and Recipient's receipt of appropriated or other funds under the grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures. No Conflicts of Interest Recipient represents and certifies that performance under the grant will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Recipient represents and certifies that in the administration of the grant, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of the grant, Recipient shall promptly notify Agency. No Waiver of Sovereign Immunity The Parties expressly agree that no provision of the Grant Agreement is in any way intended to constitute a waiver by the Department or the State of Texas of any immunities from suit or from liability that the Department or the State of Texas may have by operation of law. Page 3 of 5 Uniform Assurances for State Funded Awards 10/17/2025 Open Meetings If the Recipient is a governmental entity, Recipient represents and certifies its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. Political Polling Prohibition Recipient represents and certifies that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. Public Camping Ban Recipient certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code§364.003. If Recipient is currently being sued under the provisions of Local Government Code§364.003, or is sued under this section at any point during the duration of this grant, Recipient must immediately disclose the lawsuit and its current posture to the Agency. Real Property and Property Trust Relationship The Recipient acknowledges that any real property acquired or improved with grant funds is subject to the requirements outlined in the Texas Grant Management Standards(TxGMS), including the provisions governing the Real Property and Property Trust Relationship. In accordance with TxGMS, real property acquired or improved with grant funds must be held in trust by the Recipient for the benefit of the public and used for the originally authorized purpose. The Recipient shall not dispose of, encumber, or convert the property to a non-authorized use without prior written approval from the Department and compliance with applicable disposition procedures. Records Retention Recipient shall maintain and retain all records relating to the performance of the grant including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records will be maintained and retained by Recipient for a period of four(4) years after the grant expiration date or until all audit, claim, and litigation matters are resolved, whichever is later. Agency reserves the right to direct a Recipient to retain documents for a longer period of time or transfer certain records to Agency custody when it is determined the records possess longer term retention value. Recipient must include the substance of this clause in all subawards and subcontracts. Rights of Assignment Recipient shall not assign its rights under the grant or delegate the performance of its duties under the grant without prior written approval from TPWD.Any attempted assignment in violation of this provision is void and without effect. Texas Public Information Act Recipient understands that Department will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and Page 4 of 5 Uniform Assurances for State Funded Awards 10/17/2025 other material in connection with this Grant Agreement or any resulting contract or grant may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Recipient is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. Reporting Compliance Recipient represents and certifies that it will submit timely, complete, and accurate reports in accordance with the grant and maintain appropriate backup documentation to support the reports. Reporting Suspected Fraud and Unlawful Conduct Recipient represents and certifies that it will comply with Section 321.022 of the Texas Government Code which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. State Auditor's Right to Audit The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract.The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. RECIPIENT NAME: Signature: Name and Title: Date: Page 5 of 5 TEXAS PARKS AND WILDLIFE Recipient Monitoring Plan Recreation Grants Branch Construction Grants Purpose: As per 2 CFR§200.332(d) and Texas Grant Management Standards, TPWD is required to monitor the activities of the recipient as necessary to ensure that the award is used for authorized purposes, in compliance with state and federal statutes, regulations, and the terms and conditions of the award; and that performance goals are achieved. TPWD may identify monitoring tools and/or specific conditions to be used to ensure proper accountability and compliance with program requirements and achievement of performance goals. The TPWD Grant Coordinator must document monitoring of the recipient for the duration of the project and file where appropriate TPWD staff can access for future audits. Instructions: Select any monitoring tools and/or specific conditions which should be implemented for this recipient based on the results of the risk assessment. Upon completion, this form is to be attached to the grant agreement by the Grant Coordinator, filed in the appropriate folder by the managing Federal Aid Coordinator, and uploaded into the CAPPS contract entry by the managing Contract Specialist. Recipient Name (must match name of UEI): City of Port Arthur Recipient Official Point of Contact: Ron Burton Recipient Type: City/County EIN/UEI Number: EMVNEFYW2KN4 Federal Award Number: CFDA: Click here to enter text. Completed By:KaraEscajeda Date of Assessment: 3.25.2026 Dueto the complexity of TPWD Recreation Grant projects,the following monitoring tools are included regardless of the organization's assessed level of risk. 1. Quarterly Status Reports via Recreation Grants Online (RGO) 2. Payment by reimbursement. 3. 5% retainage until all required documentation has been provided by the recipient. 4. Site visits as required by the state or federal agency. 5. Final site inspection prior to final payment and closeout. The following specific conditions will also be imposed based on the organization's assessed level of risk: ❑ Grant management training or other technical assistance ❑ Pre-award meeting with programmatic and fiscal staff(new subrecipient, new fiscal staff, etc.) ❑Additional site visits, inspections, or desk reviews. O Other: Click here to enter text. �.r .,, 9 y - TVs, K, 4-d —7, _.....J ----:'---'' .,., . „„, 4.4 Fri L'3 s y nbv."• +ti{'.t\"_ ,-'`. ak.,,i,_ , :- N ;` lil SINNV21E ••,Atc.--- 0 _.....,„_. a\,` ", fV 1^' �m imCm�mc2r..rcaF-r/"9'.r ir.cw is ym' .,f _ .-•wry O . ss,1 } '''ryryryp f _ - if 00 ii I t,e, i I. f 7. l� E! F'v nn y1 '3 f t 3 `:i( ! 7 O to ;-. s i aid`.4 Ii 4. • i t s # n _ = �.� _ �' _ �, �J v i ', �" ;Eli. L , ,,,, , . , ., , ......< ,,4„ , 2 cg t ir . , ,..:;„.. ,..-,,,,,..!-., .,, :4.,.,.„-r- lif* a ,,, . . „.., � 4 a � „I'A ,r -i '"k- ii ttill....,-1t:„.,._i?'' .______ Ai S !.• • ., 4,,__.)1` r 1 g/i/ D•:;1 ' .51'/ . --„,P 0 1 IIIIII � qq .___ _ _ 1 y _ 0 'c m - NI .wrap ,-b 4 EL \ 7— , o - __? 11 I 1,10 r r, i ,s 3 yf� y.M; 03 tDQ _ M� t Nlo0Nn Sad , J.ii: FF{y, ,;' From: Chandra Aloouoh To: Kara Escaieda Subject: FW:[NON-CoPA]Lincoln Park Date: Monday,February 23,2026 4:34:19 PM ALERT:This email came from an external source. Do not open attachments or click on links in unknown or unex.ected emails. Good Afternoon Kara, Please see email below. Have an amazing day! Best, Chandra Alpough, CPM, CPRP Director of Parks and Recreation Parks and Recreation Department City of Port Arthur (409) 983-8152 From: noreply@thc.state.tx.us<noreply@thc.state.tx.us> Sent: Monday, February 23,2026 12:58 PM To:Chandra Alpough<chandra.alpough@portarthurtx.gov>; reviews@thc.state.tx.us Subject: [NON-CoPA] Lincoln Park Re: Project Review under Section 106 of the National Historic Preservation Act and/or the Antiquities Code of Texas THC Tracking#202605584 Date: 02/23/2026 Lincoln Park 713 W. 6th Street Port Arthur,TX 77640 Description: Resurface the basketball court which includes new basketball goals and backboards, installing a new swing set and adding covered shade structures over the picnic tables. Dear Chandra Alpough: Thank you for your submittal regarding the above-referenced project. This response represents the comments of the State Historic Preservation Officer,the Executive Director of the Texas Historical Commission(THC),pursuant to review under Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas. The review staff, led by Caitlin Brashear and Tracy Lovingood,has completed its review and has made the following determinations based on the information submitted for review: Above-Ground Resources • No historic properties are present or affected by the project as proposed. However, if historic properties are discovered or unanticipated effects on historic properties are found,work should cease in the immediate area;work can continue where no historic properties are present. Please contact the THC's History Programs Division at 512-463-5853 to consult on further actions that may be necessary to protect historic properties. Archeology Comments • No historic properties affected. However, if cultural materials are encountered during construction or disturbance activities,work should cease in the immediate area;work can continue where no cultural materials are present. Please contact the THC's Archeology Division at 512-463-6096 to consult on further actions that may be necessary to protect the cultural remains. We look forward to further consultation with your office and hope to maintain a partnership that will foster effective historic preservation. Thank you for your cooperation in this review process, and for your efforts to preserve the irreplaceable heritage of Texas. If the project changes, or if new historic properties are found,please contact the review staff. If you have any questions concerning our review or if we can be of further assistance,please email the following reviewers: caitlin,brashear@thc.texas.gov,tracy.lovingood@thc.texas.gov. This response has been sent through the electronic THC review and compliance system (eTRAC). Submitting your project via eTRAC eliminates mailing delays and allows you to check the status of the review,receive an electronic response, and generate reports on your submissions.For more information, visit http://thc.texas.gov/etrac-system. Sincerely, n for Joseph Bell, State Historic Preservation Officer Executive Director,Texas Historical Commission Please do not respond to this email. This email and its attachments may be confidential and are intended solely for the use of the individual to whom it is addressed.Any views or opinions expressed are solely those of the author and do not necessarily represent those of the City of Port Arthur. If you are not the intended recipient of this email and its attachments,you must take no action based upon them,nor must you copy or show them to anyone.Please reply to the sender if you believe you have received this email in error. TEXAS PARKS & WILDLIFE TEXAS PARKS AND WILDLIFE DEPARTMENT RECREATION GRANTS BRANCH MANUAL SEPTEMBER 2025 Table of Contents Table of Contents 1 Definitions 3 Acronyms 3 Introduction 3 Purpose 3 Authority 4 About Recreation Grants Branch 4 Compliance 5 Laws, Policy and Guidance 5 Conflict of Interest Standards 5 Reporting Suspected Fraud and Unlawful Conduct 6 Mandatory Disclosures 6 Standard Financial Management Conditions 6 Federal Grant Programs 6 State Grant Programs 6 Statutory and Policy Requirements 7 Financial Management 7 Internal Controls 7 Cost Principles 8 General Provisions 8 Allowability of Costs 8 Reasonable Costs 8 Allocable Costs 9 Application 9 Recreation Grants Online 9 Resolution 9 Eligibility 9 Evaluation 10 Pre-Award Risk Review of Applicants 10 Award 11 Pre-Agreement Elements Required 11 Agreement Process 11 Revision of Budget and Grant Agreement 11 Payments 11 09-01-2025 Recreation Grants Manual Reporting 12 Period of Performance 12 Close Out 12 Collection of Amounts Due 13 Remedies for Noncompliance 13 Additional Specific Conditions and Corrective Action 13 Termination 14 Notification of Termination Requirement 14 Opportunity to Object or Appeal 14 Effects of Suspension and Termination 14 Post Award 14 Audits 14 Records Retention 15 Post-Closeout Adjustments and Continuing Responsibilities 15 Contact Information 16 09-01-2025 Recreation Grants Manual Definitions Application-The document(s)submitted in response to a Request for Applications or other Notice of Funding Opportunity for financial assistance. Award—The grant agreement. Pass-through entity-A grant recipient or sub-recipient that provides a subaward to a subrecipient to carry out part of a state or federal program.The authority of the pass-through entity flows through the subaward agreement between the pass-through entity and sub-recipient. Period of Performance-The time during which the recipient or sub-recipient may incur new obligations to carry out the work authorized under the award. Recipient-Refers to both grant recipients and sub-recipients. It does not include a beneficiary or participant. Subaward-An award provided by a pass-through entity to a sub-recipient for the sub-recipient to carry out part of a state or federal award received by the pass-through entity. It does not include payments to a contractor, beneficiary,or participant. Acronyms Branch—Recreation Grants Branch GAGAS-Generally Accepted Government Auditing Standards GASB—Government Accounting Standards Board NOFO—Notice of Funding Opportunity PII—Personally Identifiable Information RGO—Recreation Grants Online SAM-System for Award Management TPWD-Texas Parks and Wildlife Department TXGMS-Texas Grant Management Standards UEI-Unique Entity Identifier Introduction Purpose The purpose of this manual is to provide an overview of the standards and requirements for the application,evaluation and award of all grants administered by the Texas Parks and Wildlife Department's Recreation Grants Branch. The 09-01-2025 Recreation Grants Manual Recreation Grants Manual is adopted by reference under the Texas Administrative Code Title 31; Part2; Rule 61.132 and replaces the previous Local Park Grants Manual PWD RP P4000-1445. Authority TPWD authority for the Recreation Grants Programs is provided in the following State Statutes: 1. Parks and Wildlife Code Chapter 11 Subchapter C Special Accounts 2. Parks and Wildlife Code Chapter 13 Subchapter D Participation in Federal Programs 3. Parks and Wildlife Code Chapter 24 State Assistance for Local Parks 4. Parks and Wildlife Code Chapter 29 Off-Highway Vehicle Trail and Recreational Area Program 5. Tax Code Subchapter M Disposition of Proceeds 6. General Appropriations Act About Recreation Grants Branch The Recreation Grants Branch is housed within the State Parks Division and supports the Texas Parks and Wildlife Department mission by administering federal and state grant funds to manage and conserve the natural and cultural resources of Texas and to provide hunting,fishing and outdoor recreation opportunities for the use and enjoyment of present and future generations.This is accomplished by providing competitive state and federal grant funding opportunities to eligible entities throughout Texas. The Recreation Grants Branch adheres to the TPWD's core values of Stewardship,Service, Excellence, Integrity and Teamwork by striving to fulfill our Vision: "We will be the leaders in recreational grants management while delivering the highest quality customer service. We will be,agents of positive change by providing access to sustainable recreational opportunities for the wellness and enjoyment of all people. We will manage our resources responsibly, inspiring generations of future stewards." The Branch's grant opportunities come from both state and federal funding sources. Each funding source provides unique guidance;therefore, it is not possible to streamline all aspects of the grant process. This manual captures those areas where the Recreation Grants Branch identified or established commonalities across programs. Grant funding administered by the Recreation Grants Branch is divided into five main programs. Each program includes one or more grant opportunities and/or funding sources;each with their own standards and requirements for application, evaluation,and award. Program specific requirements can be found in the Program Guidance Manuals for each located under Information in the Recreation Grants Online Resources menu. The five main programs and the various grant opportunities are listed below: 1. Boating Grants Program a. Boating Access Grant b. Boating Infrastructure Grant c. Clean Vessel Grant 2. Community Outdoor Outreach Program Grants 3. Local Park Grants Program a. Urban and Non-urban Outdoor Recreation Grants b. Urban and Non-urban Indoor Recreation Grants c. Small Community Recreation Grants -- — — 09-01-2025 Recreation Grants Manual d. Outdoor Recreation Legacy Partnerships Grants e. Readiness and Environmental Protection Integration—Readiness and Recreation Initiative Grants 4. Recreational Trails Grants Program a. Non-motorized Recreational Trails Grants b. Motorized Recreational Trails Grants c. Motorized OHV Decal Grants 5. Target Range Grants Program Compliance Laws, Policy and Guidance Although each grant opportunity has unique rules,all grants must conform to the following laws, policies, and guidance as applicable: 1. Texas Government Code Chapter 783 Uniform Grant and Contract Management apply to state and local governments. 2. Texas Grant Management Standards(TXGMS)applies to those grants and contracts governed by Chapter 783 of the Texas Government Code.To further consistency and accountability across federal and state grant programs, TPWD applies the TXGMS to all entities that receive grant funds regardless of whether TXGMS is mandated by statute. 3. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 CFR Part 200) apply to all federal grants. When state funds are allocated to a federal grant program,federal laws,policy and guidance will apply. Exceptions to this may occur when state and federal law, policy or guidance conflicts with one another. In that case,the Director of Recreation Grants will consult with TPWD legal counsel. To ensure a seamless adoption of changes to state and federal laws and regulations,this document is automatically amended to include all modifications to any associated state or federal regulations that occur after the publication date. Conflict of Interest Standards The applicant must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award,and administration of contracts. No employee,officer,or agent, board member with real or apparent conflict of interest may participate in the selection, award,or administration of a contract supported by the award.A conflict of interest includes when the employee, officer, agent, or board member,any member of their immediate family,their partner,or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or tangible personal benefit from an entity considered for a contract.An employee,officer,agent, and board member of the recipient may neither solicit nor accept gratuities,favors,or anything of monetary value from contractors. However, an unsolicited item of nominal value may be accepted under a written policy of the recipient. If the recipient has a parent, affiliate,or subsidiary organization that is not a state, local government,or Indian Tribe,the recipient must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest mean that because of relationships with a parent company,affiliate,or subsidiary organization,the recipient is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 09-01-2025 Recreation Grants Manual Reporting Suspected Fraud and Unlawful Conduct Recipient represents and warrants that it will comply with Section 321.022 of the Texas Government Code which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. Mandatory Disclosures An applicant,recipient,or subrecipient of a Federal award must promptly disclose whenever,in connection with the Federal award(including any activities or subawards thereunder),it has credible evidence of the commission of a violation of Federal criminal law involving fraud,conflict of interest,bribery,or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act(31 U.S.C.3729-3733).The disclosure must be made in writing to the Federal agency, the agency's Office of Inspector General, and pass-through entity (if applicable). Recipients and subrecipients are also required to report matters related to recipient integrity and performance in accordance with Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180,31 U.S.C.3321,and 41 U.S.C. 2313.) Standard Financial Management Conditions The term"financial management conditions" refers to generally applicable policies and procedures for the accounting, reporting,and management of funds that state agencies require Recipients to follow in the administration of grants and contracts.The financial management conditions vary depending on the funding source and type of transaction.Therefore, the Standard Financial Management Conditions are categorized according to federal grant programs and state grant programs. Failure to follow a state or federal law applicable to the disbursement of grant funds may subject the Recipient to statutory,common law,and contractual remedies that may include administrative action,suspension of grant payments,termination,and ineligibility for future grants. Federal Grant Programs For federally funded grant programs administered by the State, a subrecipient must comply with the Standard Financial Management Conditions that comprise the following: (1)the federal program legislation as well as any associated regulations and program-specific policy statements issued by the Federal awarding agency, (2)the Uniform Guidance and any applicable Federal awarding agency regulations located in.Subtitle B of Title 2 of the Code of Federal Regulations, (3) as permitted by the Uniform Guidance, a state agency's subaward may include additional specific award conditions, and (4) requirements the state agency imposes on the subrecipient in order for the state agency to meet its own responsibility to the Federal awarding agency(e.g.,the applicable terms and conditions of the Federal agency's award). In addition, recipients must comply with applicable state law and fiscal policy in the administration of federal grant programs. State Grant Programs For grant programs wholly funded by the State,a Recipient under a grant from a state agency must comply with the Standard Financial Management Conditions in the Texas Grant Management Standards published by the Texas Comptroller's Office. ��_— --- — 09-01-2025 Recreation Grants Manual Statutory and Policy Requirements The Recipient is responsible for complying with all requirements of the state award.The Recipient must manage and administer the state award in a manner to ensure that funding provided through the state award is expended and associated programs are implemented in full accordance with state law and public policy requirements. Financial Management Each recipient must expend and account for the state award in accordance with applicable laws for expending and accounting for the recipient's funds.All recipient financial management systems, including records documenting compliance with applicable statutes,regulations,and the terms and conditions of the state award, must be sufficient to permit the preparation of reports required by the terms and conditions, and tracking expenditures adequate to establish that funds have been used in accordance with the applicable laws, rules,and terms and conditions of the state award.The recipient's financial management system must provide for the following: (1) Identification of all state awards received and expended and the state programs under which they were received. State program and state award identification must include,as applicable,the state award identification number,year the state award was issued,and name of the state agency or pass-through entity. (2)Accurate,current, and complete disclosure of the financial results of each state award or program in accordance with the reporting requirements in the Financial Reporting and Monitoring and Reporting Program Performance sections of TXGMS. (3) Maintaining records that sufficiently identify the amount,source,and expenditure of state funds for state awards. These records must contain information necessary to identify state awards, authorizations,obligations, unobligated balances,as well as assets,expenditures,income, and interest.All records must be supported by source documentation. (4) Effective control over, and accountability for, all funds, property,and assets.The recipient must safeguard all assets and ensure they are used solely for authorized purposes. (5) Comparison of expenditures with budget amounts for each state award. (6)Written procedures to implement the requirements of the Payment section of TXGMS. (7)Written procedures for determining the allowability of costs in accordance with the TXGMS Cost Principles section and the terms and conditions of the state award. Internal Controls The Recipient must: (1) establish,document, and maintain effective internal control over the award that provides reasonable assurance that the recipient is managing the award in compliance with statutes, rules,and the terms and conditions of the award; (2) comply with statutes, rules,and the terms and conditions of the award; (3)evaluate and monitor compliance with statutes,rules,and the terms and conditions of awards; (4)take prompt action when instances of noncompliance are identified;and (5)take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information. 09-01-2025 Recreation Grants Manual Cost Principles General Provisions The application of these Cost Principles is based on the following fundamental premises: (1)The Recipient is responsible for the efficient and effective administration of the award through sound management practices. (2)The Recipient assumes responsibility for administering grant funds in a manner consistent with state and federal statutes, regulations, and the terms and conditions of the award. (3)The Recipient is responsible for employing organization and management techniques necessary to ensure the proper and efficient administration of the award. (4)The accounting practices of the Recipient must be consistent with these cost principles and support the accumulation of costs as required by these cost principles, including maintaining adequate documentation to support costs charged to the award. (5)The Recipient may not earn or keep any profit resulting from financial assistance, unless explicitly authorized by law and the terms and conditions of the award. Allowability of Costs Except where otherwise authorized by statute, costs must meet the following criteria to be allowed under awards: (1) Be necessary and reasonable for the performance of the award and be allocable thereto under these principles (2) Conform to any limitations or exclusions set forth in these principles or in the award as to types or amount of cost items. (3) Be consistent with policies and procedures that apply uniformly to both grant-financed and other activities of the Recipient. (4) Be accorded consistent treatment. For example,a cost must not be assigned to a state or federal award as a direct cost if any other cost incurred for the same purpose in like circumstances has been allocated to the state or federal award as an indirect cost. (No double dipping.) (5) Be determined in accordance with GASB standards. (6) Be adequately documented. Reasonable Costs A cost is reasonable if it does not exceed an amount that a prudent person would incur under the circumstances prevailing when the decision was made to incur the cost. In determining the reasonableness of a given cost,consideration must be given to the following: (1)whether the cost is generally recognized as ordinary and necessary for the Recipient's operation or the proper and efficient performance of the award; (2)the restraints or requirements imposed by such factors as sound business practices;arm's-length bargaining; federal,state, local,tribal, and other laws and regulations; and terms and conditions of the award; (3) market prices for comparable costs for the geographic area; 09-01-2025 Recreation Grants Manual (4)whether the individuals concerned acted with prudence in the circumstances considering their responsibilities to the organization, its employees,the public at large,and the state or federal government;and (5)whether the cost represents a deviation from the Recipient's established written policies and procedures for incurring costs. Allocable Costs The cost is allocable to an award if the cost is assignable to that award in accordance with the relative benefits received. This standard is met if the cost satisfies any of the following criteria: (1) is directly related or incurred specifically for the award; (2) benefits both the award and other work of the Recipient and can be distributed in proportions that may be approximated using reasonable methods; or (3) is necessary to the overall operation of the Recipient and is assignable in part to the award in accordance with these cost principles. Application Notice of Funding Opportunities are announced via the Recreation Grants E-newsletter.Sign up on our website:Texas Parks and Wildlife Department Recreation Grants Online Recreation Grants Online(RGO) is an integrated grants management system. All competitive grant opportunities offered by the Branch are made available and administered through Recreation Grants Online . The Recreation Grants Branch will not accept or evaluate a project proposal that is not submitted via Recreation Grants Online . Resolution A resolution,motion or similar action must be adopted or passed as an official act of the applicant's governing body,and must contain the following,as applicable: 1. Authorizes the filing of the application,including all understandings and assurances contained therein. 2. Directing and authorizing the person identified as the official representative, or the designee of Recipient to act in connection with the application and to provide such additional information as may be required. 3. Certifying that sufficient funds are available to meet its share,if any, of the cost of the project. 4. Certifying that acquired or developed areas will be operated and maintained at the expense of the subdivision for public outdoor/indoor recreation use. 5. Any program specific requirements listed in the grant program guidance manual. Eligibility The Branch will not score an application that is submitted by an ineligible entity. The Branch will not score an application that is not administratively complete.An administratively complete application is an application that is in substantive compliance with the requirements determined by the Branch. 09-01-2025 Recreation Grants Manual If an applicant is compliant with the conditions of previous grant agreements with TPWD,the application will be reviewed and considered for funding. If the applicant is not in compliance with previous grant agreements, Branch Management may request the applicant submit an action plan for addressing deficiencies or problematic issues. If the applicant is unable to provide,to Branch Management's satisfaction,evidence that the deficiencies or problematic issues in question can or will be resolved,TPWD may choose not to score the application or consider it further. Evaluation The grant evaluation process is designed to ensure a fair and equitable evaluation of all applications for grant assistance. All applications are initially reviewed for eligibility by Branch staff. All eligible applications are then ranked by a review committee according to the priorities or scoring criteria for that grant program. Grant review committee members may come from inside or outside the agency and must sign a conflict-of-interest disclosure prior to participation. The committee recommendations are sent through the appropriate TPWD signature and approval process. Each grant application must follow the evaluation and approval requirements set forth in that grant program's laws, policies, and guidance. Applications for grants shall be scored according to the provisions of the grant program applied and shall be ranked in relation to the scores of other applications under consideration. Once approved by TPWD,federally funded awards must be submitted to the federal awarding agency for final approval. State funded grants will move directly into the award phase. Pre-Award Risk Review of Applicants Prior to making an award,TPWD must review the risk posed by grant applicants.As part of the pre-award risk review, TPWD may review eligibility qualifications and financial integrity information available through government repositories such as the System for Award Management(SAM.gov).Awards may not be made to entities that are subject to suspension or debarment as indicated on the Texas Debarred Vendor List or System for Award Management. This assessment helps identify risks that may affect the advancement toward or the achievement of a project's goals and objectives. Risk assessments assist grant program managers in determining appropriate resources and time to devote to project oversight and monitor recipient progress. If TPWD determines that a subaward will be made,specific conditions that correspond to the degree of risk assessed may be applied to the award. In evaluating risks posed by applicants,TPWD may consider the following: (a)financial stability; (b)the applicant's record of effectively managing financial risks, assets, and resources; (c) quality of management systems and ability to meet the management standards; (d)the applicant's record of managing previous and current awards,including compliance with reporting requirements and conformance to the terms and conditions of state and federal awards, if applicable; (e) reports and findings from audits performed, if applicable;and (f)the applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on the grantee via the award. 09-01-2025 Recreation Grants Manual Award Pre-Agreement Elements Required During the pre-agreement phase, programmatic and/or financial documentation may be requested from the grantee through the RGO system. Specific to each grant program,the project may also enter an environmental evaluation process during this phase. Agreement Process During the award phase,a grant agreement is produced using a template approved by the TPWD's Legal Division. The Recipient must enter into a written grant agreement with TPWD.The terms and conditions of the grant agreement with the Recipient must address,as applicable,the following: Uniform Assurances,Standard Financial Management Conditions,program legislation, program specific requirements, relevant public policy requirements, including General Appropriations Act provisions,and specific conditions tailored to the Recipient. Revision of Budget and Grant Agreement The Recipient is required to report deviations from the approved budget, project or program scope,or objective,and request prior written approval from TPWD for budget and program plan revisions.The Recipient must request prior written approval from TPWD for one or more of the following programs and budget-related reasons: (1) Change in the scope or the objective of the project or program (even if there is no associated budget revision requiring prior written approval). (2) Change in key personnel(including employees and contractors)that are identified by name or position in the award. (3)The disengagement from a project for more than three months, or a 25 percent reduction in time and effort devoted to the award over the course of the period of performance, by the approved project director or principal investigator. (4)The inclusion of costs that require prior approval in accordance with TXGMS. (5)The transfer of funds budgeted for participant support costs to other budget categories. (6)Subaward activities not proposed in the application and approved in the award. (7) Changes in the total approved cost sharing amount. (8)The need arises for additional funds to complete the project. (9)Transferring funds between the construction and non-construction work under the award. (10)A no-cost extension (meaning an extension of time that does not require the obligation of additional funds)of the period of performance. (11) Other circumstances specified in the award. Payments TPWD distributes grant money on a reimbursement basis within 30 calendar days after receipt of a complete and correct request for payment.TPWD will notify the Recipient of an error in a request for payment, including incomplete supporting 09-01-2025 Recreation Grants Manual documentation, no later than the 215t day after the date the invoice is received. Exceptions to this rule may be made during holidays or at the end of the Fiscal Year. Under limited circumstances, Recipients may request an advance payment. Grant payments by the advanced method involve TPWD providing funds to the Recipient before expenses are incurred.This method is used to provide Recipients with upfront cash flow to support their projects.The advance payment is currently available on a case-by-case basis and must be reviewed by the Recreation Grants Director for approval. If approved,funds must be spent within three months. Supporting documentation must be submitted to TPWD prior to any future grant payments. For more detailed information, please refer to the Recreation Grants Branch Payment Guidance document found under the resources tab in RGO. Reporting Recipients must submit quarterly performance reports 30 calendar days after the reporting period unless otherwise specified in the award. Final performance reports are due 90 calendar days after the conclusion of the period of performance for construction grants and 45 calendar days for the Community Outdoor Outreach Program grants. Reports must be submitted through Recreation Grants Online. When a significant development that could impact the award occurs between performance reporting due dates,the Recipient must notify TPWD.Significant developments include problems,delays,or adverse conditions that will impact the Recipient's ability to meet milestones or the objectives of the award.When significant developments occur,the Recipient must include information on their plan for corrective action and any assistance needed to resolve the situation. TPWD may conduct in-person or virtual site visits as warranted. Period of Performance A Recipient may charge to the award only allowable costs incurred during the period of performance and any costs incurred before TPWD made the award that were authorized by TPWD. Close Out TPWD will close out the award when it determines that all applicable administrative actions and all required work of the award have been completed by the Recipient. Closeout activities include the following: (1)The Recipient must submit all required reports. (2)The Recipient must liquidate all obligations incurred under the award no later than the liquidation date indicated in the award or 90 calendar days after the conclusion of the period of performance for construction grants and 45 days for the Community Outdoor Outreach Program grants. (3) Closeout activities are not complete if payment by TPWD to the Recipient is outstanding for allowable reimbursable costs under the award being closed out. (4)The Recipient must promptly refund any unobligated funds that TPWD paid and that are not authorized to be retained. (5) Consistent with the terms and conditions of the award,TPWD must make all necessary adjustments to the state share of costs after closeout reports are received (for example,to reflect the disallowance of any costs or the de- obligation of an unliquidated balance). 09-01-2025 Recreation Grants Manual (6)The Recipient must account for any property acquired with state grant funds in accordance with the Property Standards and Performance and Financial Monitoring and Reporting sections of the TXGMS;or with the Property Standards 2 CFR 200.310—200.316 for property acquired with federal grant funds. Collection of Amounts Due Any state or federal funds paid to the Recipient in excess of the amount that the Recipient is determined to be entitled to under the award constitute a debt to the State of Texas. Remedies for Noncompliance Additional Specific Conditions and Corrective Action TPWD may implement specific conditions if the Recipient fails to comply with statutes, rules, or the terms and conditions of the award,under the following circumstances: (1)when a Recipient has a history of failure to comply with the terms and conditions of awards; (2)when a Recipient fails to meet expected performance goals contained in award;or (3)when a Recipient has inadequate financial capability to perform the award. Specific conditions may include the following: (1) requiring payments as reimbursements; (2)withholding authority to proceed to the next phase until receipt of evidence of acceptable performance; (3) requiring additional or more detailed financial reports; (4) requiring additional project monitoring; (5) requiring the Recipient to obtain technical or management assistance;or (6) establishing additional prior approvals. Prior to imposing specific conditions,TPWD will notify the Recipient as to: (1)the nature of the specific conditions; (2)the reason why the specific conditions are being imposed; (3)the nature of the action needed to remove specific conditions; (4)the time allowed for completing the actions;and (5)the method for requesting TPWD to reconsider imposing a specific condition. Once the circumstances that prompted the imposition of the specific conditions have been corrected,TPWD will remove the specific condition(s) upon written request of the Recipient. If TPWD determines that noncompliance cannot be remedied by imposing additional conditions,TPWD may take one or more of the following actions,as appropriate in the circumstances: (1)Temporarily withhold payments until the Recipient takes corrective action; (2) Disallow costs for all or part of the activity associated with the noncompliance; 09-01-2025 Recreation Grants Manual (3)Suspend or terminate the award in part or in its entirety; (4)Withhold further grant funds(new awards or continuation funding)for the project or program;and (5) Pursue other legally available remedies. Termination The state award may be terminated in part or in its entirety as follows: (1) By TPWD if the Recipient fails to comply with the terms and conditions of the award. (2) By TPWD with the consent of the Recipient, in which case the two parties must agree upon the termination conditions.These conditions include the effective date and, in the case of partial termination,the portion to be terminated. (3) By the Recipient upon sending TPWD a written notification of the reasons for such termination,the effective date, and, in the case of partial termination,the portion to be terminated. However, if TPWD determines that the remaining portion of the award will not accomplish the purposes for which the award was made,TPWD may terminate the award in its entirety. (4) By TPWD for cause. (5) By TPWD for convenience. Notification of Termination Requirement TPWD will provide written notice of termination to the Recipient unless the award is being terminated by the Recipient. If the Recipient initiates the termination of the award,then the recipient must provide written notice of the termination to TPWD.The written notice of termination should include the reasons for termination,the effective date,and the portion of the award to be terminated, if applicable. Opportunity to Object or Appeal Upon initiating a remedy for noncompliance(for example, disallowed costs,a corrective action plan,or termination), TPWD will provide the Recipient with an opportunity to object and provide information challenging the action. Effects of Suspension and Termination Costs to the Recipient resulting from obligations incurred by the Recipient during a suspension or after the termination of an award are not allowable unless TPWD expressly authorizes them in the notice of suspension or termination or subsequently. However, costs during suspension or after termination are allowable if: (1)the costs result from obligations that were properly incurred by the Recipient before the effective date of suspension or termination,and not in anticipation of it;and (2)the costs would be allowable if the award was not suspended or expired normally at the end of the period of performance in which the termination takes effect. Post Award Audits A Recipient that expends$1,000,000 or more during its fiscal year in state or federal awards must have either a Financial Audit or Program-specific Audit conducted for that year in accordance with audit requirements in the TXGMS or 2 CFR 09-01-2025 Recreation Grants Manual 200.TPWD may also require an independent audit to be conducted based on factors other than monetary threshold.All audits must be conducted in accordance with Generally Accepted Government Auditing Standards(GAGAS). A Recipient that is exempt from state audit requirements must keep its records available for review or audit by appropriate officials of TPWD and the Texas State Auditor's Office. Required audits will be conducted on an annual basis. If the auditee is required by statute to undergo its audits less frequently than annually,then the auditee shall perform its audit biennially. Instead of a Financial Audit or Program specific Audit,TPWD,at its discretion, may accept the single audit of the Recipient prepared in compliance with the Uniform Guidance if TPWD determines that the federal single audit sufficiently addresses internal controls and other grant requirements as they relate to the particular state award. Records Retention The Recipient will maintain and retain records pertinent to the award (e.g.,financial records, performance records, supporting documents) until the third anniversary of the later date of the grant completion or expiration,or the resolution of all issues that arose from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the grant or documents. TPWD,the State Auditor's Office,or any of their authorized representatives, must have the right of access to any documents, papers,financial statements,or other records of the Recipient that are pertinent to the award, in order to make audits,examinations, excerpts,and transcripts.The right also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents.This right of access is not limited to the required retention period but lasts as long as the records are retained. Post-Closeout Adjustments and Continuing Responsibilities The closing out of the award does not affect any of the following: (1)The right of TPWD to disallow costs and recover funds based on a later audit or review. However,TPWD must make determinations to disallow costs and notify the Recipient within the record retention period. (2)The Recipient's obligations to return funds or right to receive any remaining and available funds as a result of refunds,corrections,final indirect cost rate adjustments, or other transactions. (3)Audit Requirements of TXGMS or 2 CFR 200. (4) Property management and disposition requirements specified in the award. (5) Records retention as required. (6) Any program specific requirements listed in the grant program guidance manual. 09-01-2025 Recreation Grants Manual Contact Information Main Phone Line 512-389-8224 Email Rec.Grants@TPWD.Texas.Gov Website https://tpwd.texas.gov/businessYgrants/recreation-grants/ Apply/Manage https://tpwd-recgrants.intelligrants.com Grant Email Updates https://public.govdelivery.com/accounts/TXPWD/subscriber/new?topic id=TXPWD 299 TPWD receives federal assistance from the U.S.Fish and Wildlife Service and other federal agencies and is subject to Title VI of the Civil Rights Act of 1964,Section 504 of the 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 state anti-discrimination laws which prohibit discrimination the basis of race,color,national origin,age,sex or disability.If you believe that you have been discriminated against in any TPWD program,activity or facility,or need more information,please contact Civil Rights Coordinator for Public Access,U.S.Fish and Wildlife Service,4401 N.Fairfax Drive,Mail Stop:MBSP-4020,Arlington,VA 22203.