R2021-204 2021-10-25 RESOLUTION NO R2021-204
A Resolution of the City Council of the City of Pearland, Texas, hereinafter
referred to as "Applicant," designating certain officials as being responsible
for, acting for, and on behalf of the Applicant in dealing with the Texas Parks
& Wildlife Department, hereinafter referred to as "Department," for the
purpose of participating in the Local Park Grant Program, hereinafter referred
to as the "Program"; certifying that the Applicant is eligible to receive
program assistance, certifying that the Applicant matching share is readily
available; and dedicating the proposed site for permanent public park and
recreational uses
WHEREAS, the Applicant is fully eligible to receive assistance under the Program,
and
WHEREAS, the Applicant is desirous of authorizing an official to represent and act
for the Applicant in dealing with the Department concerning the Program,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS•
Section 1. That the Applicant hereby certifies that they are eligible to receive assistance
under the Program, and that notice of the application has been posted according to local public
hearing requirements
Section 2. That the Applicant hereby certifies that the matching share for this application
is readily available at this time
Section 3. That the Applicant hereby authorizes and directs the City Manager to act for
the Applicant in dealing with the Department for the purposes of the Program, and that Clay
Pearson is hereby officially designated as the representative in this regard
Section 4. The Applicant hereby specifically authorizes the official to make application to
the Department concerning the site to be known as Shadow Creek Ranch Sports Complex in the
City of Pearland or se as a park site and is hereby dedicated (or will be dedicated upon completion
of the proposed acquisition) for public park and recreation purposes in perpetuity (or for the lease
term, if legal control is through a lease) Projects with federal monies may have differing
requirements
PASSED, APPROVED and ADOPTED this the 25th day of October, A D , 2021
RESOLUTION NO R2021-204
(7/
VIN COLE
AYOR
A EST
S L ROAN, TRMC, CMC ,o•`••llllllllllllllll
O\R
CITY SECRETARY -'�Q • • 9'
0.
APPROVED AS TO FORM �\
,,,•, +ua a ullll
DARRIN M COKER
CITY ATTORNEY
TEXAS PARKS AND WILDLIFE
Recreation Grants
Local Parks Grant Program
STATE GRANT AGREEMENT
TPWD P 0 Number CA-0002897
Project Number 50-00525
Sponsor Name. City of Pearland
Project Name. Pearland Park (Rider)
Sponsor Unique Entity Identifier 020796397
Agreement Term/Period of Performance. 09/01/2021 -08/31/2025
State Share. $750,000 00
Sponsor Share $0
Total Project Cost: $750,000 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 Pearland(Sponsor). This award is funded through the Department under the authority of
the 2022-2023 General Appropriations Act, enacted by the 87th Texas Legislature (Senate Bill 1),
included Section 17.40 in Article IX, and under Chapter 24 of the Parks and Wildlife Code.
The scope of this Grant Agreement includes.
Pearland will further develop Pearland Park to include All-Abilities Playground Equipment. Pearland Park is
located at 13050 Shadow Creek Parkway in Pearland, Texas 77584
This award is not for research and development.
SECTION 2 -SPECIAL CONDITIONS APPLICABLE TO THIS AGREEMENT
SPONSOR will receive automated quarterly payments throughout fiscal year 2022 and 2023 totaling
$750,000 There is no match requirement for these funds.
SECTION 3 - PRE-AWARD INCURRENCE OF COSTS
The Sponsor shall be entitled to reimbursement of up to $0 00 in pre-award project planning costs incurred
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
City of Pearland-Pearland Park 1
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.reeceAtpwd.texas.gov
Grant Coordinator.
Dan Reece
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744 (512)
(512) 389-4656
dan.reeceAtpwd texas.gov
FOR PROJECT SPONSOR.
Official Point of Contact
Carry Capers
Director- Parks/Recreation
4141 Bailey Road
Pearland, Texas, 77584
(281)412-8906
ccapersepearlandtx.gov
Project Coordinator
Joel Hardy
grants &special projects administrator
3519 Liberty Drive
Pearland, Texas, 77581
(281) 652-1795
jhardy(apearlandtx.gov
Fiscal Contact
Joel Hardy
grants & special projects administrator
3519 Liberty Drive
Pearland, Texas, 77581
(281) 652-1795
jhardypearlandtx.gov
SECTION 5 -AWARD AND PAYMENT
A. The Department will provide funding to the Sponsor in an amount not to exceed $750,000 00 for
the project described under Project Description and Location above and in accordance with the
Department-approved Budget Summary attached
City of Pearland-Pearland Park 2
B. The Sponsor shall obtain prior approval from the Department for budget and program revisions.
C Expenses charged against awards under the Grant Agreement may not be incurred prior to the
beginning of the Grant Agreement, unless stipulated 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. 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
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
SECTION 6 -MODIFICATION, REMEDIES FOR NON-COMPLIANCE TERMINATION
A. This 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 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 Agreement 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 results commensurate with the further expenditure of funds The two parties shall agree
upon the termination conditions, including the effective date and, in the case of partial termination,
the portions to be terminated The Sponsor shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many outstanding obligations as possible The
Department may allow full credit to the Sponsor for the state share of the non-cancelable
obligations, property incurred by the Sponsor, pending written receipt of the determination and the
reasons for termination,together 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 the project in question be brought to a
state of recreational usefulness agreed upon by the Sponsor and the Department, or that all funds
provided by the Department be returned
H If the Sponsor does not comply with provisions as set forth in the grant project 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
City of Pearland-Pearland Park 3
SECTION 7—GRANT CLOSEOUT.
Sponsor will follow closeout procedures in the Instructions for Approved Projects Recreation Grant
Programs on form PWD BK P4000-1146
SECTION 8-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,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 9—ATTACHMENTS INCORPORATED BY REFERENCE
The following completed documents are attached to and made part of this Agreement:
Assurances for State Funded Awards
Texas Grant Management Standards
Instructions for Approved Projects
Budget Summary
Project Boundary Map &Certificate of Land Dedication
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date(s)set forth below
TEXAS PARKS AND WIL. LIFE DEPA TMENT City of Pearland
SECTIO SIGNATU S Clay Pearson
Signatures ' Name.
Date 3/3,/gioAD, Title: City Ma er
SAM Date/Initials. 03/30/2022/D.R. Signature:
Federal Aid Date/Initials: n/a Date: /tiI 202.2_
City of Pearland-Pearland Park 4
BUDGET SUMMARY
PROJECT PEARLAND-Pearland Park(Rider)
PROJECT NUMBER:
COMPLETED COMPLETED TOTAL
ESTIMATE LAST REQUEST THIS PERIOD COMPLETE
1 PROFESSIONAL SERVICES
2. CONSTRUCTION ELEMENTS
All-Abilities Playground Equipment $ 750,000.00
Construction Cost $ 750,000.00
Less Retainage $
TOTAL CONSTRUCTION $ 750,000.00
3. LAND ACQUISITION
0.00
TOTAL PROJECT COST $ 750,000.00
(04/2010)
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;,< t _ �,,e. .t w Pearland, Texas 77584
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ell .`'i�j,.i., p ` '�5 4},Sa ,y,` OFFICIAL PROJECT BOUNDARY MAP
Pr . - r +1P Y '�' This project has been funded through the TPW D Local Park Grants
litJ� a r,�. °thlk-N- ��I r � k '� Program Land identified on this official map is protected as
/ t + `- at .� k ram' :4 '1f {M. parkland/n Perpetuity.
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Pearland —50-00525
Attachment C
CERTIFICATE OF LAND DEDICATION
Signature Required
Pearland —50-00525
TEXAS PARKS AND WILDLIFE DEPARTMENT
CERTIFICATE OF LAND DEDICATION FOR PARK USE
TEXAS RECREATION & PARKS ACCOUNT
This is to certify that a permanent record shall be kept in the CITY OF PEARLAND public property
records and be made available for public inspection to the effect that the property described in the
scope of the Grant Agreement for Pearland Park (Rider), Project Number 50-00525, and the
dated project boundary map made part of that Agreement, has been acquired or developed with
Texas Recreation & Parks Account assistance and that it cannot be converted to other than public
recreation use without the written approval of the Texas Parks and Wildlife Department.
CITY OF PEARLAND
Sponsor(Political Subdivision)
By
Clay Pearson, City Manager
Name,Title
Date
INSTRUCTIONS
FOR
APPROVED PROJECTS
Recreation Grant Programs
Revised April 2019
TEXAS
PARKS 8,
WILDLIFE
PWD BK P4000-1146
TABLE OF CONTENTS
SECTION 1 — INTRODUCTION 1
Letter from the Director 2
Grant Process Flow Chart 3
Branch Directory 4
SECTION 2—QUARTERLY STATUS REPORTS 5
Quarterly Status Reports 6
SECTION 3 — LAND ACQUISITION PROCESS 7
Acquisition Flow Chart 8
Acquisition Methods 9
Appraisal required 11
SECTION 4— DESIGN/DEVELOPMENT PROCESS 17
Design Construction Flow Chart 18
Design Development Instructions 19
Acknowledgment Signs 24
Natural Area/Open Space/Wetland Resolution 27
SECTION 5— REIMBURSEMENT PROCESS 31
Reimbursement Flow Chart 32
Grant Reimbursement Procedures 33
Construction Methods 39
Land Acquisition Reimbursement Checklist 41
Reimbursement Request Checklist. 42
Project Close Out Checklist 43
Reimbursement Forms 44
I Weekly Work Record for Employees 45
II Weekly Work Record for Volunteers 46
III Equipment Listing 47
IV Certification for Donated Labor or Service 49
V Certification for Reimbursement Request 50
VI Sample Spreadsheet for Budget Summary 51
VII Sample Budget Summary 52
VIII Direct Deposit Authorization 53
SECTION 6—AFTER GRANTS PROJECTS ARE COMPLETE 54
Retention, Operation and Maintenance Responsibilities 55
Section 1
INTRODUCTION
I
TEXAS
PARKS &
WILDLIFE
Dear Sponsor
Congratulations! We are pleased that you have been awarded a grant under
the Recreation Grants Program
These instructions are designed to provide step-by-step directions for project
administration until completion We have provided several flow charts and a
number of checklists I hope you will find helpful We suggest you provide a
complete copy of this set of instructions to the person who will be responsible
on a daily basis for coordinating the grant for you
We are excited to offer our new online grants management system This is
where you will be able to manage your project and upload required information
The system can be located at: https.//tpwd-recgrants.fluidreview.com
Also included is a directory of the Recreation Grants Branch Staff We suggest
that you schedule an individual pre-construction procedural meeting in order to
discuss program acquisition, development, and reimbursement guidelines. Please
schedule with the appropriate staff member or call us at 512/389-8224
We look forward to the successful completion of the project and hope our
partnership will be productive
Sincerely,
Dana Lagarde
Director
Recreation Grants Branch
2
GRANT PROCESS FLOW CHART
Quarterly Status
Reports due to Prepare& Recreation Recreation Acquisition Submit Proof
RecreationGrants Submit Grants Grants of OfOwnership _
On 15'"of Appraisal * Reviews --► Approval& —I' Property �� and
JAN,APR,JUL,&OCT Appraisal Authorization Reimbursement
A t
\ to Acquire
Yes Request
Recreation Sponsor
Grants Sponsor SubmitsAny Does Project
TPW Notifies Receives& Supplemental —► Include
PP
Commission * Sponsorof --► Executes
Approval Commission Project ♦ Documeentation Acquisition?/
Action Agreement to
Recreation
Grants
I 1
No -
Prepare& Recreation Recreation
Submit Grants --0.. Grants
Plans& Review Plans Acceptance&
Specs and Specs Authorization
------ --- •- —•- to Proceed
7
Recreation
Is -► ♦ ► Grants
Construction Processes Final
Force Yes Periodic Request Recreation Clarify Reimbursement
Account? Construction p. Reimbursement Complete Final Grants Any
Requests. Construction Inspection Conducts Problems I
Site visits by Final 1
(if need d) Recreation Inspection
Grants
No Periodic
• - Post-
Completion
Advertise IL,. Open Award _it. Submit p Inspections
For Bids Bids Contract Bids& Construction
Contract to
Recreation
Grants
3
Recreation Grants Branch Directory
Mailing Address Office Location
Texas Parks &Wildlife Texas Parks &Wildlife
Recreation Grants Branch Recreation Grants Branch
4200 Smith School Road 1340 Airport Commerce Drive
Austin, Texas 78744 Building 6, Suite 600A
Austin, Texas 78741
Website. http.//www.tpwd.state.tx.us/business/grants/
Online Grants Management System https.//tpwd-recgrants.fluidreview.com
Email Rec.Grants c(�tpwd.state.tx.us
Telephone. (512)389-8224
Fax: (512)389-8242
TPWD Main Numbers. 1-800-792-1112 or (512)389-4800
Dana Lagarde,Director 389-8224
Local Park Grants Section Manager 389-4656
Fiscal Section Manager 389-8714
Community Outdoor Outreach Program Manager 389-8254
Non-TRPA Grants (Boating, Trail, & Pump-out) Manager 389-8743
Office Manager 389-8775
4
Section 2
QUARTERLY STATUS REPORTS
5
Quarterly Status Reports
Quarterly status reports must be completed to the online grants management system at:
https.//tpwd-recgrants.fluidreview.com and should be provided on or before the 15th of January,
April, July and October Please discuss your progress with appraisal and land transfer
negotiations, construction of project elements, reimbursement requests, any problems incurred,
requested changes to the contract, and the feasibility of meeting compliance deadlines and
project expiration date You may upload photos showing the project progress to the quarterly
status reports.
6
li
Section 3
LAND ACQUISITION PROCESS
LAND ACQUISITION FLOW CHART
Prepare Appraisal
1
Submit Appraisal Report(s)
on the Online Grants
ManagementSystem
Recreation Grants Recreation Grants/
Request for Independent Review
Additional Information A
1
SubmitAdditional
Information
♦
Recreation Grants Approval
and Authorization to
Acquire
I
Acquire Property
Submit Proof of Ownership
(Recorded Deed)and
ReimbursementRequest
if applicable
8
ACQUISITION METHODS
1 Methods of Acquisition. Acquisition of land and water, or interests therein, may be
accomplished through purchase, eminent domain, transfer, donation, sponsor owned non
dedicated park land used as match The Department encourages public policies and
procedures for the acquisition of real property that are fair and consistent, and directed toward
giving the property owner the full measure of compensation authorized by law, promptly, with a
minimum of inconvenience,and without prolonged negotiation or costly litigation.
Real property should be appraised before the initiation of negotiations. Program assistance will
be based on the current fair market value of real property as established by an independent
appraisal reviewed and approved by the Department. Property owners shall be afforded an
opportunity to accompany the appraiser during the inspection of the property
If a partial taking would leave the owner with an uneconomic remnant, the sponsor shall offer to
acquire the entire property
In determining the boundaries of a project, the sponsor should take into account human
considerations, including the economic and social effects of the acquisition and subsequent
development on owners and tenants in the adjacent area, in addition to engineering and other
factors.
A. Acquisition by Donation One appraisal report is required for all projects involving the donation
of real property or interests therein for determination of matching share.
B Acquisition by Purchase. The sponsor should contact the landowner to determine availability of
the property An appraisal should be prepared according to the Appraisal guidelines and
submitted to the Department for review/approval
C Sponsor Owned Land Used as Match An appraisal report is required to establish the level of
program assistance,when sponsor owned, non-dedicated parkland is used as the local match.
D Eminent Domain/Condemnation. When lands are acquired through judicial proceedings, the
price determined by the court will be accepted by the Department. The Department, however,
will not be obligated to match an amount higher than the approved support ceiling of the project.
Every reasonable effort should be made to acquire real property by means other than eminent
domain or condemnation. Condemnation should not be advanced or delayed in order to induce
an agreement on price. If an agreement does not appear possible after a reasonable period of
negotiation,the project sponsor may, if authorized by law, institute condemnation proceedings.
2. Basis for Assistance. Generally, the market value standard will be used as the basic measure of
program assistance on acquisitions. Program assistance shall be based upon evidence of this
value. When determined by the Department to be capital costs and when other pertinent conditions
are met, any degree of long term interest in real property can be considered for matching aid,
whether purchased by or donated to the project sponsor Properly documented costs of severance
damage may be matched Severance damage is the diminution in value of the remaining land due
to the land taken and is considered to be an inherent part of just compensation The only incidental
costs of acquisition which may be matched are appraisal and boundary survey costs for non-Land
&Water Conservation Fund Projects.
3. Department Action on Acquisition Documents. The Department will review appraisal reports for
adequacy and consistency Other documents may also be checked to determine whether they
adequately serve the purposes intended for them Additional information, including a new appraisal,
may be required when circumstances so warrant.
9
4 Waiver of Requirements. The Department may waive any of its documentation or payment
requirements upon request or upon its own initiative, when in the opinion of the Department a
requirement is not necessitated by law and does not reduce any protections provided by the Grants
Manual When such a waiver is given, the Department reserves the right to establish suitable and
reasonable conditions under which the waiver may be operative.
Additional Administrative Requirements
1 Statement on Differences in Value. An appraisal, if competently compiled by a qualified person,
should be an acceptable estimate of property value; it cannot be assumed, however, to be an absolute
statement of value. The approved appraisal value is a basis for helping establish the level of grant
support.
2. Reservations and Outstanding Rights. To stretch the dollars spent, the project sponsor might wish
to purchase less than fee simple title. This would be permissible when fee simple title is excessively
expensive, and a lesser control of the area will not detract from the recreation use of the land and not
have significant impact on the environment.
3. The Department will not obtain a legal right or title to any area or facility acquired with Texas
Parks and Wildlife assistance.
4. Evidence of Title. The Department must have on file satisfactory evidence of the purchase price and
a description of the character and nature of the title received by the sponsor before the Department
reimburses grant funds. Evidence of title, such as the executed and recorded deed, title insurance, or
other means considered reasonable and adequate, must also be available to the Department before
requesting reimbursement.
A survey may be required by the Department when there is reasonable doubt about the exact location
of the boundary or of the size of the tract being acquired.
5. Responsibility for Quieting Title or for Replacement of Properties Acquired with Defective Title.
The sponsor is responsible for quieting claims against title and for replacing property found to have
defective title with other properties of equivalent value, usefulness, and location acceptable to the
Department.
6. Acquisition of Interest in Real Property The acquisition of easements, rights-of-way, etc., will be
viewed in the same light as full takings. Documentation of value by appraisal will be the same. The
project proposal should adequately explain why lesser interests are to be acquired.
7 Acquisitions Involving Relocations. The Department will not assist with relocation costs for persons
displaced by grant-assisted property acquisition It is the sole responsibility of the grant sponsor to
bear these relocation costs. It is also the responsibility of the sponsor to follow the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act related to benefits and payments for
displaced persons.
10
APPRAISAL
NOTE. In order to ensure the appraisal report contains the content required,the grant
sponsor needs to provide the appraiser with a copy of these Appraisal
guidelines.
1 Type of Appraisal. The sponsor shall secure an appraisal of the appropriate type by a
State of Texas Certified General Real Estate Appraiser for all real property to be taken
All work by the appraiser must conform to the current version of Uniform Standards of
Professional Appraisal Practice (USPAP) and to the standards set forth below in "A." or"B."
The appraisal will be submitted to the Department for review unless otherwise noted or
requested The value established by the appraisal report should not be older than one,year
from the date of its submittal to the Department for review
The type of appraisal required depends on the source of grant funding When Federal
Funds are involved, the standards under "A." apply If only State Funds are involved,
then the appraisal standards under"B."below apply
A. Appraisal Standards — Federal Funds. When Federal Funds are involved,
standards for appraisals shall be those set forth in the current versions of USPAP
and Uniform Appraisal Standards for Federal Land Acquisition ("Yellow Book") which
can be found on the U S Department of Justice's internet website.
htto://www.usdoi.aov/enrd/land-ack/ Strict compliance with Yellow Book standards is
required
Sponsors should be aware that the Yellow Book requires an appraisal which is more
elaborate and more detailed than the typical appraisal assignment. Appraisal reports
which are described as "summary" typically do not meet Yellow Book standards. Also,
sponsors should bear in mind that most appraisers have never performed a Yellow Book
appraisal Due to the complexity of the requirements, most appraisers without Yellow
Book experience have difficulty complying with them. If sponsors decide it is
necessary to hire an appraiser without previous Yellow Book experience, they
should ensure that the appraiser has obtained a copy of the Yellow Book and
examined it before submitting a fee proposal. Appraisal costs are not
reimbursable for Land and Water Conservation Fund projects.
B. Appraisal Standards — State Funds. When State Funds are involved, the formality and
detail of required documentation will be determined by USPAP and, as described below,
by the value of the real property involved in each instance. Depending on value, the
Department will require detailed appraisal reports, abbreviated appraisal reports, or
written findings of value. A detailed appraisal is required for all projects involving the
donation of real property or interests therein
(1) Detailed Appraisal Report. If an acquisition will cost more than $25,000 the
project sponsor will apply the following appraisal requirements.
The report on any individual property may vary depending upon the type of property
under appraisal Additional data may be required in the case of highly specialized
properties. Items may be deleted as in the case of land valuation only Generally,
however, all items must be considered by the appraiser and included in the report
unless otherwise requested and agreed to by the Department, and omissions must be
explained by narrative.
11
The Appraisal Report should cover the following Opportunity to Accompany Property
owners (or a designated representative) shall be afforded an opportunity to
accompany the appraisers during the inspection of the property The appraisal report
shall indicate whether or not the owner or representative accompanied the appraiser
(a) Qualifications. Statement of qualifications (education, experience, professional
memberships, publications, list of clientele, State of Texas Certification number, and
date of expiration)of all appraisers and/or technicians contributing to the report.
(b) Statement of Limiting Conditions. The appraiser should provide clear concise
statements of all assumptions and conditions, including the following specifics.
(i) That the title to the property is marketable,
(ii) That the appraiser assumes no responsibility for legal matters,and
(iii) That all data furnished by others are presumed correct.
(c) Purpose of the Appraisal This shall include a definition of all values required and
appraised, a statement of the property interest to be acquired (fee simple, surface
estate,fraction of minerals, etc.)and the date of value
(d) Identification of Property Legal description of the whole tract and that portion to be
acquired
(e) City and Area Data. This data (mostly social and economic) should be kept to a
minimum and include only such information as directly affects the property being appraised
(f) Property Data.
(i) Site Describe accessibility, road frontage (including front feet), soil, topography,
views, vegetation, drainage (including flood plain), mineral deposits, easements,
availability of utilities, hazardous substances, etc. If there is an indication that
mineral deposits have more than a nominal commercial value, this fact shall be
clearly stated.
(ii) Easements. Describe all known easements. If land is to be acquired over which
the sponsor has limited control or use, such as land encumbered by easements,
proper adjustments must be made in the appraisal to reflect the limited control. If
no adverse easements exist, report should so state
(iii) Improvements. This shall be by narrative description, including dimensions of
principal buildings and/or improvements. A floor plan and location of each building
is required
(iv) Equipment. This shall be by narrative description including the condition of
equipment.
(v) Condition. The actual age, current physical condition and any functional
obsolescence shall be stated for each item or group appraised and, whenever
applicable, the repair or replacement requirements to bring the property to usable
condition
12
(vi)Assessed Value and Annual Tax Load Include the Central Appraisal District's
estimated current market values for land and improvements, assessed values,
tax rate and dollar amount of real estate taxes.
(vii) Zoning Describe the zoning for the subject.
(viii) Restrictive Covenants. Describe any restrictive covenants or other land use
regulations,for example the Endangered Species Act,affecting subject.
(g) Analysis of Highest and Best Use. The report shall state the highest and best use
that can be made of the property (land and improvements and where applicable,
machinery and equipment). The valuation shall be based on this use. In no case
shall the land be appraised for one highest and best use and the value of the
improvements added when they do not contribute to the fair market value of the land
under the highest and best use lSuch special purpose appraisals are not allowable.
Also, subdivision development should not be selected as a highest and best use in
the absence of strong evidence that such use of the property would be feasible The
evidence required includes a detailed development plan showing streets, utilities, lot
sizes and locations, market research to locate finished comparable lot sales;
estimates of the time periods required to obtain approval of the subdivision plat and
to complete construction of streets, utilities, drainage facilities, etc., a detailed
absorption study estimating a sell-out period for all the lots; a well-supported estimate
of direct costs of development, including surveying, design, engineering, permitting,
clearing, dirt work, sewers, storm drains, water lines, other utilities, streets, curbs and
gutters; a detailed estimate of indirect costs including financing, insurance, real
estate taxes, sales commissions and advertising, accounting, legal, closing costs,
project supervision costs, developer's overhead and profit; a strongly supported
estimate of an appropriate discount rate. The subdivision development approach
to land value should not be utilized when sufficient comparable sales are available
with which to reliably estimate land value by the sales comparison approach.
Additionally, recreation should only be selected as a highest and best use when
private sector recreation sales are used as comparable sales. If no non-public
recreation sales are available, a highest and best use other than recreation should
be selected and supported with like-type comparables.
(h) Land Value. The appraiser's opinion of the value of the land shall be based upon its
highest and best use, regardless of any existing structures and shall be supported by
confirmed recent factual data (sales, contracts and offerings) of comparable, or
nearly comparable parcels of land having the same or similar highest and best uses.
Differences shall be weighed and explained to show how they indicate the value of
the land being appraised
(i) Value Estimate by Comparative (Market) Approach. All comparable sales used shall
be confirmed by the buyer, seller, broker, or other person having knowledge of the
price, terms and conditions of sale Each comparable sale shall be weighed and
explained in relation to the subject property to indicate the reasoning behind the
appraiser's final value estimate from this approach.
For acquisitions, which involve properties with man-made improvements, the
following methodology must be followed by the appraiser for the valuation of such
improvements.
13
i) If the highest and best use of the propertyy is determined to be for"recreation".
(a') Fair market value must be justified utilizing private sector recreation properties
as comparable sales.
(b') Improvements on the property which are for recreation (and are therefore
potentially eligible for program assistance) must be valued at their "current
depreciated value."
(c') Improvements on,the property which cannot be utilized for recreation must
be assessed for salvage/scrap value (Such improvements are not eligible for
grant support.)
(ii) If the highest and best use of the property is determined to be for "other than
recreation".
(a') Improvements which are for "recreation use" must be assessed for their
salvage/scrap value. (The salvage/scrap value can be eligible for grant support)
(b') Improvements which are for "other than recreation use" must be valued at
their depreciated value. These improvements are eligible for grant assistance
only if they are to be demolished/removed from the site, or if the improvements
are to be utilized for (or in support of) recreation activities. To be grant supported,
the improvements must either be handicapped accessible in their current state,
or they must have the ability to be modified and made accessible, pursuant to
state law requirements.
(j) Value Estimate by Cost Approach This section shall be in the form of computational
data, arranged in sequence, beginning with reproduction or replacement cost, and shall
state the source (book, page and page date, if a national service) of all figures used
The dollar amounts of physical deterioration and functional and economic obsolescence,
or the omission of same, shall be explained in narrative form. Developer's profit, if any is
appropriate, shall be considered. This procedure may be omitted on improvements, both
real and personal,for which only a salvage or scrap value is estimated
(k) Value Estimate by Income Approach
NOTE. The Department will not reimburse the sponsor for the value of land determined
by the income approach method.
(I) Interpretation and Correlation of Estimates. The appraiser shall interpret the foregoing
estimates and shall state the reasons why one or more of the conclusions reached in
items(j)and(k)are indicative of the market value
(m)Tabulation of History of Conveyance (property sales and transfers). Include parties to
the transactions, dates of purchase, financing and amounts of consideration for three
years prior to date of value, unless more years are specifically requested Include, if the
information is available, any offers to buy or sell the property under appraisal
Information to be reported shall include the appraiser's opinion as to whether the sale
price in the more recent transactions represented market value at the time, and, if not,
the reasons for the appraiser's conclusion If the purchaser is a governmental entity,
discuss whether its power of condemnation affected the sale price. An unsupported
statement that the sale did not represent market value, or was not an arms-length
14
transaction, is unacceptable. Bearing in mind that a prior sale of the subject is frequently
more comparable than a sale of any other property, explain how the transactions
involving subject relate to the value conclusion stated in the report.
(n) Certification of Appraiser
(i) He/she has personally inspected the property Statement that the owner or
representative had the opportunity to accompany the appraiser at the time of property
inspection,and whether he/she accompanied the appraiser
(ii) He/she has no present or contemplated interest in the property
(iii) That in his/her opinion the market value of the taking as of N/A
Is$ N/A (Valuationdate)
•
N/A
(Signature)
(o) Exhibits and Addenda.
(i) Subject location Map. Include the city or area
(ii) Comparable Map Data. Show geographic location of the appraised property and the
comparable sales analyzed
(iii) Comparable Data Details. A listing of sale price, property type, grantor, grantee,
recording data, rights conveyed (fee simple, surface estate, fraction of minerals, etc.)
sale date, financing, confirmation (person), present use, highest and best use, zoning,
land size, shape, topography, mineral deposits, vegetation, flood information, and a
brief narrative describing physical characteristics, public utilities associated with the
land, deed restrictions, easements, and any other information deemed pertinent.
Supply a photograph and plat for each comparable property
(iv) Plat of subject. Include a metes and bounds description and/or a survey with legible
dimensions.
(v) Floor Plans. Include when needed to explain the value estimate.
(vi) Photographs. Include photographs of site's road frontage, vegetation, views,
topographic features, etc. Pictures shall show at least the front elevation of the major
improvements, plus any unusual features. When a large number of buildings are
involved, including duplicates, one picture may be used for each type. All graphic
material shall include captions.
(vii)Other Pertinent Exhibits. Include as deemed appropriate.
(2). Abbreviated Appraisal Report. An abbreviated appraisal report, compiled by a qualified
appraiser and adequately related to comparable sales, is acceptable for a parcel with a value
estimate between $1,000 and up to and including $25,000 The abbreviated report should
include.
(1) A brief description of the subject property to include physical characteristics, present use,
zoning, public utilities associated with the land, deed restrictions, easements and any other
pertinent information
15
(2) A legal description of the real property to be acquired and a plat.
(3) State the property interest to be acquired(fee simple,surface estate,fraction of minerals).
(4) Assessed Value and Annual Tax Load Include the Central Appraisal District's estimated
current market values for land and improvements, assessed values, tax rate and dollar
amount of real estate taxes.
(5) Tabulation of History of Conveyance (property sales and transfers). Include parties to the
transactions, dates of purchase, financing and amounts of consideration for three years prior
to date of value, unless more years are specifically requested. Include, if the information is
available, any offers to buy or sell the property under appraisal Information to be reported
shall include the appraiser's opinion as to whether the sale price in the more recent
transactions represented market value at the time, and, if not, the reasons for the appraiser's
conclusion. If the purchaser is a governmental entity, discuss whether its power of
condemnation affected the sale price. An unsupported statement that the sale did not
represent market value, or was not an arms-length transaction, is unacceptable Bearing in
mind that a prior sale of the subject is frequently more comparable than a sale of any other
property, explain how the transactions involving subject relate to the value conclusion stated
in the report.
(6) An analysis and statement of the property's highest and best use.
(7) Supporting data, including two or three comparable real property sales, a brief analysis of
those sales,and a map showing their locations relative to the land to be acquired
(8) The appraiser's certification and signature. See Item 5.B (1)(o)Certification of Appraiser
(9) The date the value estimate applies.
(10) Statement of qualifications (education, experience, professional memberships, publications,
list of clientele, State of Texas Certification number, and date of expiration) of all appraisers
and/or technicians contributing to the report.
(11) Location Map Include the city or area.
(12) Boundary Map (Plat) Include a metes and bounds description or survey with legible
dimensions.
(3). Finding of Value. Where a parcel has a value of $1,000 or less and the expense of an
appraisal would be disproportionate to its benefit, a written finding of value by a qualified
appraiser will be acceptable for approval. This finding of value can be based on the individual's
knowledge of land values, but should include a statement of the appraiser's experience and
qualifications, including a short description of the factors considered and the means by which a
conclusion was reached. These statements should be sufficiently detailed so as to enable the
Department to judge their respective merits.
16
Section 4
DESIGN/DEVELOPMENT PROCESS
17
DESIGN/DEVELOPMENT FLOW CHART
Prepare
Plans&Specs
• Submit Bids
Register Project Advertise Open Award and Contract Construction
with TDLR For Bids Bids Contract '—► to
Recreation
- A Grants
•
Recreation
Grants Review Contract
of
Plans&Specs
Complete
Is Construction
• Construction
A
Recreation 1 by Contract
Grants —►I or
Acceptance and Force
Authorization Account?
to Proceed
Force Account Construction
i.
18
DESIGN/DEVELOPMENT INSTRUCTIONS
This section contains instructions for projects which will develop recreation facilities. Included are the
elements required for submission of plans and specifications, requirements for handicapped
accessibility,and instructions for the required program recognition signs.
PLANS AND SPECIFICATIONS
The Recreation Grants Staff reviews all plans and specifications. Plans and specifications must be
uploaded on our Online Grants Management System at:https://tpwd-recgrants.fluidreview.com
Plans and specifications will not be considered for review unless they bear the registration seal and
signature of the designer, who is reminded that ethically his seal should appear only on documents for
which he is personally responsible for and technically proficient. All plans and specifications must be
accepted by the Department prior to awarding of the construction contract, or if by Force,the construction
of the elements.
Permits or letters of approval from other applicable state agencies must accompany upload, if not
furnished previously (Examples: Texas Historical Commission for archaeological clearance, Army
Corps of Engineers evaluation&permit, U S Fish&Wildlife survey&permit.)
Bid proposals must identify costs of any portion of the work not supported by Fund assistance. These
costs must be easily separated for audit purposes.
Plans and specifications are not required on items such as playground equipment, picnic tables, and
benches to be purchased, however, the manufacturer's name and model number must be furnished
Plans and specifications for the installation must also be uploaded.
TYPES OF REVIEW ACTION
The sponsor will be informed of the result of the Department review
1 Accepted as submitted/notice to proceed,
2 Conditional Acceptance/notice to proceed with exceptions,
3 Accepted certain portions as submitted or noted/notice to proceed with exceptions;or
4 Not accepted pending resubmittal
19
PLANS REVIEW TIMING
A minimum of thirty(30)days should be allowed for review Consultation or applicant conferences with
review personnel regarding the plans will be by appointment.
DEPARTMENT PLANS REVIEW LIMITS
The Department staff is a reviewing body only, and may not act as designers nor furnish detailed
estimates.
ACCESSIBILITY REQUIREMENTS
Projects are required to comply with the Texas Accessibility Standards (TAS) established by the Texas
Department of Licensing and Regulation (TDLR) under the Elimination of Architectural Barriers Act,
Texas Government Code, Chapter 469 and Texas Occupations Code, Chapter 51 Contact TDLR at:
http://www.license.state.tx.us/ab/abtas.htnn
Elimination of Architectural Barriers Program
Texas Department of Licensing&Regulation
P O Box 12157
Austin,TX 78711
1-877-278-0999
29
CIVIL RIGHTS REQUIREMENTS
The contractor is required to comply with regulations issued pursuant to the Civil Rights Act of 1964
with respect to nondiscrimination in assisted programs of the Department.
The following provisions, known as the EQUAL OPPORTUNITY CLAUSE are to be incorporated
verbatim in each contract and must be included in the plans and specifications submitted for TPWD
review
"During the performance of this contract,the contractor agrees as follows
1 The contractor will not discriminate against any employee or applicant for employment because of
race, religion, creed, color, sex, or national origin The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, religion, creed, color, or national origin Such action shall include but not be
limited to employment, upgrading, demotion or transfer, recruitment or retirement, advertising, layoff
or termination, rates of pay or other forms of compensation, and selection training, including
apprenticeship The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without
regard to race, religion,creed, color, sex,or national origin.
3 The contractor will send to each labor union or representative of workers with whom he has a
collective bargaining agreement or other contract or understanding, a notice, to be provided by the
agency contracting officer, advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order Number 11246, as amended in 3 CFR 169
(1974), and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
4 The contractor will comply with all provisions of Executive Order Number 11246, as amended, and
of the rules, regulations,and relevant orders of the Secretary of Labor
5 The contractor will furnish all information and reports required by Executive Order 11246, as
amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations,and orders.
6 In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts in accordance with procedures authorized in Executive Order Number 11246, as
amended or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by
law
21
7 The contractor will include the provisions of Paragraphs 1 and 7 in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order Number 11246, as amended, so that such provisions will be binding
upon each subcontractor or purchase order, as the contracting agency may direct as a means of
enforcing such provisions, including sanctions for non-compliance, provided however, that in the
event the contractor becomes involved in or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may request the
United States to enter into such litigation to protect the interest of the United States."
CONTRACT AND BOND REQUIREMENTS
Contracts awarded under the grant are required to follow Texas competitive bidding procedures in
accordance with Local Government Code Chapters 252, 262, and 375 Construction Manager-Agent
Method requirements are covered in Government Code Chapter 2269
Standard construction practices recommend a bid guarantee from each bidder equivalent to five
percent of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond,
certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will
upon acceptance of his bid, execute such contractual documents as may be required within the time
specified
Pursuant to the Texas Uniform Grant and Contract Management Act, the following minimum
requirements apply to all contracts exceeding$50,000 in total value.
1 A Performance Bond on the part of the contractor for 100 percent (%) of the contract price. A
Performance Bond is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such a contract.
2. A Payment Bond on the part of the contractor for 100 percent (%) of the contract price. A payment
Bond is one executed in connection with a contract to assure payment as required by law of all
persons supplying labor and materials in the execution of the work provided for in the contract.
3 In lieu of the bond requirements for contracts less than $50,000 a provision that no money will be
paid to the contractor until completion and acceptance may be included in the contract.
The sponsor shall include, in addition to provisions to define a sound and complete contract agreement,
the following provision in all contracts.
1 Contracts shall contain such contractual provisions or conditions which will allow for administrative,
contractual, or legal remedies where contractors violate or breach contract terms, and provide for
such sanctions and penalties as may be appropriate
2. All contracts, amounts for which are more than $10,000 shall contain suitable provisions for
termination by the sponsor including the manner by which it will be affected and the basis for
settlement. In addition, such contracts shall describe conditions under which the contract may be
terminated or default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor
WAGES
Contractors are required to comply with the Texas prevailing wages requirements established in
Government Code Ch 2258
22
WORKERS' COMPENSATION
The sponsor shall comply with the Reporting Requirements for Building or Construction Projects for
Governmental Entities of 28 TAC 110 110
Additional information regarding these requirements may be obtained from
Texas Department of Insurance
Division of Workers'Compensation(DWC)
7551 Metro Center Drive,Suite 100
Austin,TX 78744-1609
512/804-4000
http.//www.tdi.state.tx.us/wc/indexwc.html
PERMITS
The sponsor shall insure that all applicable permits or approvals have been obtained prior to
construction A copy of these approvals or permits shall be provided to the Department. Examples
include, but are not limited to
1 Comptroller of Public Accounts for tax permits
2. Corps of Engineers Permit for construction in water of the United States
3 Texas Department of Health approval of new water or sewage systems
4 Texas Commission on Environmental Quality for storm water and air permitting
Native Planting Requirement
To encourage the use of native plants, grant funds will not be allowed toward the purchase and plantings
of any non-native or invasive plant species. An exception to native plantings is made in circumstances
such as in the grass turf that can be contained in the baseball field, though thought here should also be
given to native alternatives. Additional information regarding native plants can be found at
http.//tpid.tpwd.state.tx.us/ as well as at http.//www.wildflower.orq/plants/ a native planting list if
applicable is required to be submitted through the online grants management system at:
https.//tpwd-recgrants.fluidreview.com
23
ACKNOWLEDGEMENT SIGNS
On-site program acknowledgement signs are required for all approved acquisition and construction projects.
Signage requirements include a temporary sign which should be displayed throughout the activity stages of
a project (once land acquisitions are complete — if applicable), and a permanent sign or plaque which must
be installed and maintained at the site
Costs for program acknowledgement signs are reimbursable for approved projects if included in the "Budget
Summary"
Examples of both temporary and permanent acknowledgement signs for state funded projects are shown
below Information shown on the examples is the minimum information required
TEMPORARY SIGN(Minimum Size—4'x 8')
The r(City/County/District),: of
Public Recreation Site-ILAcquisition/D'evelopmentMoject
Funding assistance from a portion of the state sales tax on sporting goods
Through the LOCAL PARK GRANT PROGRAM
Administered by Texas Parks&Wildlife Department
FUNDING
State of Texas 50% $ 500,000
(City/County/District) 50% $ 500,000
Total Project $ 1,000,000
PERMANENT SIGN OR PLAQUE (Minimum Size—18"x 24")TEXAS A TEXAS LOCAL PARK GRANT PROJECT
WILDLIFE
Funded in part from a portion of the state sales tax on sporting goods
Administered by Recreation Grants Branch
Use these samples only for projects supported with Local Park Grant Program funds.
24
LAND AND WATER CONSERVATION FUND
PROJECTACKNOWLEDGENLENTSIGNS
On-site program acknowledgement signs are required for all approved acquisition and construction
projects. Signage requirements include a temporary sign which should be displayed throughout the
activity stages of a project (once land acquisitions are complete — if applicable), and a permanent sign
or plaque which must be installed and maintained at the site.
Costs for program acknowledgement signs are reimbursable for approved projects if included in the
"Budget Summary"
Examples of both temporary and permanent acknowledgement signs for federally funded projects are
shown below Information shown on the examples is the minimum information required
TEMPORARY SIGN(Minimum Size-4'x8'1
The;(City/County/Distriet$)1 of
Public Recreation Site'(Acquisition/Development)) Project
With Funding Assistance through
LAND AND WATER CONSERVATION FUND
U S Department of the Interior, National Park Service
Administered by the Texas Parks&Wildlife Department
FUNDING
Land and Water Conservation Fund 50% $ 500,000
(City/County/District) 50% $ 500,000
Total Project $ 1,000,000
PERMANENT SIGN OR PLAQUE (Minimum Size—18"x 24"1
TEXAS
PARKS & wnArZA
j
WILDLIFE "*
A LAND AND WATER CONSERVATION FUND PROGRAM PROJECT
Funding Assistance through
U S Department of the Interior, National Park Service
Administered by Texas Parks&Wildlife Department
Use LWCF wording only if notified by the Department that a project will receive federal funding.
25
BOATING ACCESS
TEMPORARY SIGN(Minimum Size-4'x$'1
THE(CITY/COUNTY/DISTRICT)OF(SPONSOR'S NAME)
A PUBLIC BOATING ACCESS SITE AIDED BY
THE FEDERAL AID IN SPORT FISH RESTORATION ACT
Funded by Federal Gasoline Taxes Paid by Recreational Boaters
ADMINISTERED BY
TEXAS PARKS AND WILDLIFE DEPARTMENT
FOR THE
U S DEPARTMENT OF THE INTERIOR/FISH&WILDLIFE SERVICE
FUNDING
Federal Aid 75% $300,000
(City/County/District) 25% $100,000
Total Project $400,000
PERMANENT SIGN OR PLAQUE(Minimum Size—10"x 12"1
7 TEXAS 4F$
PARKS 8. Project Name Oo
WILDLIFE A Federal Aid In Sport Fish Restoration Act Project Rt
Funded by Federal Gasoline Taxes paid by Recreational Boaters
Sponsored By
The City/County/District of(Sponsor's Name)
Texas Parks&Wildlife Department
U S Department Of Interior/Fish&Wildlife Service
26
SAMPLE RESOLUTION#1—NATURAL AREA/OPEN SPACE/WETLAND
CERTIFICATE
THE STATE OF TEXAS
COUNTY OF XYZ
I, Jane M Doe, being the current City Clerk of the City of XYZ, Texas, do hereby certify that the
attached is a true and correct copy of Resolution No R01-28, passed and approved by the City Council
of the City of XYZ, Texas, on the 12th day of July, 20XX, and such Resolution was duly passed and
approved at a meeting open to the public and notices of the meeting, giving the dates, place and
subject matter thereof,were posted as prescribed by Government Code Section 551 043
Witness my hand and seal of office this 12th day of July,20
Jane M. Doe
City Clerk
27
SAMPLE RESOLUTION#2—NATURAL AREA/OPEN SPACE/WETLAND
RESOLUTION NO ###
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF XYZ, TEXAS, DEDICATING FIVE (5)
ACRES-OF PARKLAND ALONG THE CREEK/DRAINAGE WAY IN THE XYZ COMMUNITY PARK
AS DESCRIBED IN EXHIBIT (A) ATTACHED AS NATURAL AREA/OPEN SPACE/WETLAND FOR
PERPETUITY, AS REQUIRED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT,
APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT, AUTHORIZING ITS
EXECUTION BY THE CITY MANAGER AND MAYOR, REPEALING ALL RESOLUTIONS IN
CONFLICT,PROVIDING A SEVERABILITY CLAUSE,AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the XYZ City Council desires to provide quality park facilities for the residents of XYZ,
and
WHEREAS, the City of XYZ has obtained a grant.from the Texas Parks and Wildlife Department for
the development of a community park and desires to comply with all of the requirements set forth in
the grant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF XYZ, TEXAS
THAT,
SECTION 1 In order to fulfill the requirements of the Texas Parks and Wildlife Department's grant
to the City of XYZ, the City Council of XYZ, Texas.hereby designates five acres of parkland in the
XYZ Community Park for Natural Area/Open Space/Wetland
SECTION 2. The Mayor of the City of XYZ, along with the City Manager, are hereby authorized to
execute the appropriate documents approving the terms and conditions of the agreement with the
Texas Parks and Wildlife Department.
SECTION 3. Any prior Resolution of the City Council in conflict with the provisions contained in this
Resolution are hereby repealed and revoked.
SECTION 4. Should any part of this Resolution be held to be invalid for any reason, the remainder
shall not be affected thereby,and such remaining portions are hereby declared to be severable.
SECTION 5. This Resolution shall take effect immediately from and after its passage and it is so
duly resolved.
DULY PASSED AND ADOPTED by the City Council of the City of XYZ, Texas, on this the 12th
day of July,20XX.
APPROVED
John M. Smith, Mayor
XYZ City Council
ATTEST
Jane Doe, Interim City Secretary
APPROVED AS TO FORM
Robert Lawyer,City Attorney
28
SAMPLE RESOLUTION#3—NATURAL AREA/OPEN SPACE/WETLAND
EXHIBIT"A"
Please use copy of Official Site Plan/Boundary Map
Showing the location of the Natural Area/Open Space/Wetland
And/or
Include a Metes and Bound Description specifically outlining the boundaries
of the Natural Area/Open Space/Wetland.
29
SAMPLE EXHIBIT"A"
Being a parcel or tract of land situated about 1-1/3 miles southwest from the public square of Sulphur
Springs in Hopkins County, Texas, a part of the Jose Y'Barbo Survey, A-1102, and described by metes
and bounds as follows:
BEGINNING at a point in the east boundary line of that certain 27-acre tract of land set aside to
Robert E. Lanier in deed of partition dated April 17, 1972, from Carrie Sue Lanier et al, to each other, of
record in Vol. 340, page 281, Deed Records of Hopkins County, Texas, South 1 deg 20 min, east
208.7 feet from the northeast corner of the aforesaid 1-acre tract devised to George Walter Greenway;
THENCE South 89 deg 10 min west with the south boundary line of the aforesaid 1-acre tract,
208 7 feet to the southwest corner of said 1-acre tract,for the northwest corner of this tract;
THENCE South 1 deg 20 min east and parallel with the east boundary line of said 27-acre
tract,208.7 feet to a point for the southwest corner of this tract;
THENCE North 89 deg 10 min east and parallel with the north boundary line of said .27-acre
tract 208.7 feet to a point in the east boundary line of said 27-acre tract, for the southeast corner of this
tract;
THENCE North 1 deg 20 min. west with the east boundary line of said 27-acre tract, 208.7 feet
to the place of beginning
(THIS DOCUMENT STAMPED AND RECORDED AT THE COUNTY COURTHOUSE)
30
Section 5
REIMBURSEMENT PROCESS
31
REIMBURSEMENT FLOW CHART
Sponsor prepares a reimbursement
request using reimbursement
checklist
1
Sponsor submits reimbursement
documents through the Recreation
Grants Online portal
1
Recreation Grants
performs desk audit of Y Recreation Grants Branch
reimbursementrequest. requests
Additional additional information from
documentation needed Sponsor
N
4 Sponsor submits
additional
♦ Information
Recreation Grants Branch
processes payment request to
the State Comptroller
•
State Comptroller
Processes Payment
i
Sponsor will be notified via the
Recreation Grants Online Portal,
after payment is processed
32
GRANT REIMBURSEMENT PROCEDURES
The following information is a general outline of the procedures for requesting reimbursement under the
Recreation grants program Reimbursement is made only after the sponsor has incurred and paid for the
grant related expense. Each reimbursement request are required to be submitted as a single pdf
document through the Recreation Grants online grants management portal at: httas.//towd-
recarants.fluidreview.com. A confirmation email will be transmitted to the sponsor upon
successful submission of reimbursement.
It is requested that sponsors submit reimbursement requests on a regular basis, quarterly if possible, to
prevent large outstanding grant balances. For example, the Recreational Trail Program grants are
federal funds administered by the Federal Highway Administration (FHWA). There is a directive from
FHWA that the funds be utilized in a timely manner If reimbursement requests are not submitted in
two (2) consecutive quarters, the project will appear on a FHWA "inactive list" and the project sponsor
will be required to justify why the project is not progressing Projects that are "inactive" and have no
financial activity for more than three (3) quarters may have their funding de-obligated and rescinded by
FHWA.
Project sponsors should be aware of the period of performance of their grant(s) Expenses incurred
before the grant effective date or after the grant expiration date are not eligible for reimbursement.
GENERALREIMBURSEMENTINFORMATION
Since projects differ in scope, the information contained herein can only be of a general nature. These
procedures are for sponsor use in submitting reimbursement requests for work completed
A link to the Reimbursement Request checklist is located within the Request Reimbursement task and
needs to be referenced in preparation of the reimbursement. Any inquiries regarding the eligibility of
an expenditure item should be directed to the individual program managers or their staff
In grants involving construction, e I i g i b le expenses will be reimbursed up to 95% of grant funds
pending an onsite final inspection of the project. The Recreation Grants Staff must be notified when a
project is complete in order to schedule the final inspection
Financial records, supporting documents, statistical records, and all other records pertinent to the grant
shall be retained for a period of three years after final payment (state), after final expenditure report
(federal); except the records shall be retained beyond the three-year period if audit findings have not been
resolved. The Department, State Comptroller of Public Accounts, State Auditor Office, or any of their duly
authorized representatives, shall have access to any books, documents, papers, and records of the
Sponsor which are pertinent to a specific project for the purpose of making audits, examinations, excerpts
and transcripts.
SINGLE AUDIT
It is the responsibility of the grant Sponsor to have a Single Audit done annually according to the
Texas Single Audit Circular and submitted to the Department when completed. Non=Federal entities
that expend$750,000 or more during a year in Federal awards shall have a single or program-specific
audit conducted for that year in accordance with the Single Audit Act Amendments of 1996(31 U.S.C.
7501-7507)and 2 CFR Part 200,Subpart F found at www.ecfr.aov
33
COST PRINICIPLES
To be allowable under Federal or state awards, costs must meet the following general criteria.
• Be necessary and reasonable for proper and efficient performance and administration of Federal or
state awards.
• Be allocable to Federal or state awards under the provisions of 2 CFR 200 and the State of Texas
Uniform Grant Management Standards (UGMS)guidance
• Be authorized or not prohibited under State or local laws or regulations
• Conform to any limitations or exclusions set forth in these principles, Federal or state laws,terms and
conditions of the Federal or state award, or other governing regulations as to types or amounts of cost
items
• Be consistent with policies, regulations, and procedures that apply uniformly to both Federal or state
awards and other activities of the governmental unit.
• Be accorded consistent treatment. A cost may not be assigned to a Federal or state award as a direct
cost if any other cost incurred for the same purpose in like circumstances has been allocated to the
Federal or state award as an indirect cost.
• Except as otherwise provided for in the 2 CFR 200 and UGMS circulars, be determined in accordance
with generally accepted accounting principles.
• Not be included as a cost or used to meet cost sharing or matching requirements of any other Federal
or state award in either the current or a prior period, except as specifically provided by Federal or state
law or regulation
• Be the net of all applicable credits.
• Be adequately documented Documentation required may include, but is not limited to, travel records,
time sheets, invoices, proof of payment, contracts, mileage records, billing records, and other
documentation that verifies the expenditure amount and appropriateness to the grant.
Reasonable costs
• A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by
a prudent person under the circumstances prevailing at the time the decision was made to incur the
cost. The question of reasonableness is particularly important when governmental units or
components are predominately state or federally-funded In determining reasonableness of a given
cost, consideration shall be given to:
a) Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the Federal or State award
b) The restraints or requirements by such factors as: sound business practices; arm's length
bargaining; Federal, State and other laws and regulations; and,terms and conditions of the
Federal or state award
c) Market prices for comparable goods or services.
d) Whether the individuals concerned acted with prudence in the circumstances considering their
responsibilities to the governmental unit, its employees, the public at large, and the state or
Federal government.
e) Significant deviations from the established practices of the governmental unit which may
unjustifiably increase the Federal or state award's cost
34
Allocable costs
• A cost is allocable to a particular cost objective if the goods and services involved are chargeable or
assignable to such cost objective in accordance with relative benefits received
ALLOWABLE EXPENDITURES
Costs must be necessary and reasonable for proper and efficient operation of the grant project, be an
allowable expense toward project construction, and not be a general operating expense required to
carry out the overall responsibilities of state or local government.
Expenditures must be authorized(or not prohibited)under state or local laws and regulations.
Expenditures must conform to the limitations of manuals, state law, federal law, or other governing
limitations in the agreement as to type or amount of costs
Matching reimbursement of Professional Services(architectural/engineering) is limited to 12% of
the budgeted grant construction amount. This allows the Department to allocate more funds to the
construction of recreational facilities. Environmental survey costs may be considered above the 12%
professional services limit on a case-by-case basis. Design fees will not be reimbursed until project
construction plans and specifications have been reviewed and accepted by the Department.
For projects with land acquisition in the scope, appraisal costs are allowable up to 5% of appraisal
value or maximum of $10,000 00, whichever is less. Appraisal costs are not reimbursable for
grants associated with Land &Water Conservation funds.
The sponsor will be notified if eligible expenses are disallowed Items disallowed may be paid on the
next reimbursement request if the sponsor provides the information requested and if expenses are
justified.
NON-ALLOWABLE EXPENDITURES
• Expenditures must not be charged or ineligible to be charged to any other grant-financed
program unless otherwise permitted by specific program guidance.
• Ceremonial or entertainment expenses
• Alcoholic beverages
• Expenses for publicity(except for competitive bid advertisement)
• Charges for deficits or overdrafts
• Sales tax
• Interest expenses
• Damage judgments arising out of the acquisition, construction, or equipping of a facility,
whether determined by judicial decision,arbitration,or otherwise
• Incidental costs relating to acquisition of real property and of interests in real property, such as
the cost of legal fees and relocation costs
• Operation and maintenance costs of recreation areas and facilities(unless otherwise specified)
35
NON-ALLOWABLE EXPENDITURES (Cont'd)
• The value of personal property, (unless otherwise specified)
• Cost of discounts not taken and finance charges
• Employee facilities, including residences, appliances, office equipment,furniture, and utensils
Donations or contributions made by the sponsor, such as to a charitable organization
• Salaries and expenses and other administrative costs of a political subdivision, not related to
project construction
• Fines and penalties
• Appraisal costs associated with Land &Water Conservation Funds
• Costs related to the collection of an unpaid debt
• Indirect costs(unless otherwise specified)
• Used supplies/equipment(unless otherwise specified)
36
SUPPORTING DOCUMENTS
1 Bid Advertisement and Tabulation
A copy of the published bid advertisement and the tabulation of all bids received are required If
applicable, provide justification for not going with the lowest bid Please contact staff if you have
questions.
2. Contract Documents
A copy of the executed contract(s)issued on the contract must be submitted.
3. Invoices
The invoice must identify the project element for which materials or services are being used. For
example, if a portion of the invoice is for water system and the other portion for electrical system, a
break out of each element must be noted.
4 Contractor's Application for Payment
A copy of the contractor's application for payment ..(including detail sheets) or voucher must be
submitted
5. Proof of Payment
Adequate proof of payment, such as cancelled checks, bank statements, or wire transfers are
required for proof of payment. The amount charged to the grant project must be clearly defined
6. Force Account Records
When force account costs are reported, the sponsor may use either the Department's Work Record
form or their local work records, including computer information, providing required data is submitted
with each reimbursement request. (It is recommended that the sponsor receive prior format
approval )
A. Personnel The disbursements for this section of the form will be obtained from the sponsor's
payroll records.Work records must define actual days and hours worked.
B. Equipment: A brief description of the equipment, including costs code number assigned,
hours/miles used, the established average rate, and total cost is needed
C Fringe Benefits Fringe benefits include, but are not limited to, the costs of leave, employee
insurance, pensions, and unemployment benefit plans. (except as provided in UGMS/2 CFR
200, the costs of fringe benefits are allowable to the extent that the benefits are reasonable
and are required by law, governmental unit-employee agreement, or an established policy of
the governmental unit.
D In-Stock Materials. If the sponsor uses materials from warehouse stock, a list must be
furnished to the Department giving description of materials, cost of material, and for what
construction element the materials were used Materials must be at actual cost, less
discounts, rebates, etc.,with no profit to the sponsor The sponsor should maintain inventory,
and documentation of material cost must be furnished to the Department.
E. Certification. The work record must be certified by the sponsor Individuals donating labor
must sign the work record form as certification.
37
7 Certification of Donated Labor or Service
When an individual is donating labor or service in their specialized trade such as electrician, brick
layer, carpenter, etc., a "Certification of Donated Labor or Service" should be completed and
submitted with the signed work record for reimbursement. Additional documentation to substantiate
the hourly rate may be required
8. Spreadsheet
A spreadsheet prepared by the sponsor should be submitted with each reimbursement request. The
purpose of this spreadsheet is to allocate expenditures to the appropriate budget element thus
expediting payment. The spreadsheet totals by budget element should match the amounts listed in
the Budget Summary
9 Budget Summary
For construction grants, a copy of the Budget Summary will be provided by Recreation Grants.
The Budget Summary should reflect the actual project costs to date. The total of the Construction
section should include actual costs If applicable, retainage should be deducted and listed on a
separate line. The amounts listed in the Approved Costs column for each construction element
item are estimates. Actual expenditures may be above or below the estimated amounts. However,
total reimbursements will not exceed the project award.
We suggest sponsors that are not'self-performing grant elements work with contractors to ensure that
the bids identify the elements included in the Budget Summary If bids contain work items not in
the grant project, they must be clearly identified
n
38
CONSTRUCTION METHODS
CONTRACT BID CONSTRUCTION
Political subdivisions must comply with the Local Government Code Chapters 252, 262, and 375
requirements governing advertisement of bids. It is the responsibility of the sponsor to adhere to all
local, state, and federal laws and regulations regarding bidding procedures. These procedures generally
require award of a construction contract to the lowest qualified bidder If applicable, the sponsor
must submit written justification as to why the contract should not be awarded to the lowest bidder;
the Department must concur with the justification The (Department requires that a copy of the bid
advertisement and the tabulation of all bids received before reimbursing any contract expenditures.
Executed Contract change orders relating to construction of grant elements must be forwarded to the
Department for review
Not for profit sponsors of funded projects must,at minimum,follow these purchasing requirements:
Amount up to$5000 00
- No bids required
Amount$5000 01 to$25,000 00
- Informal Bids: Requires a minimum of three (3) listed bids These can be telephone or other verbal
bids. The bid, name of person submitting the bid and their contact information must be recorded and
submitted with the reimbursement request.
Amount$25,000 01 and over
- Formal Bids: Requires a formal written bidding process. Sealed bids must be solicited for at least
three (3) days in a newspaper of general circulation in the area in which the project is located. Proof of
publication and the written bid received must be maintained by the grant sponsor for audit purposes.
Multiple purchasing is not permitted to avoid the bidding process. For example, purchasing $6,000 00
worth of material in two$3,000 00 lots to avoid soliciting bids as required above is not allowed
CONSTRUCTION MANAGER-AGENT
Political subdivisions must follow Government Code chapter 2269 when soliciting a construction contractor
using the Construction Manager-Agent approach
FORCE ACCOUNT CONSTRUCTION
Construction performed by the sponsor's own work force including work provided by other governments
must be recorded and certified on work record forms.
Fringe benefits paid by the sponsor such as FICA, insurance, and retirement, are allowable expenses,
but the method of determination must be documented. Fringe benefits may be computed on a
percentage of total payroll, provided the method of determination is approved. The sponsor's payroll
records may be verified at the final audit/inspection
39
CONSTRUCTION BY DONATION
Labor or Services The value of donations may be used only to meet cost sharing or matching
requirements. The Department must be assured that the donation is at actual cost. The sponsor may
not make a profit from any donation claimed on the grant.
Donated labor or services will be recognized for matching purposes at the local common laborer wage,
minimum wage or wage the sponsor pays that type of employee or service The force account work
record form may be used for documenting donated labor provided the individual donating the labor or
service certifies by signature that the hours worked are correct. The sponsor's project officer or
supervisor is also required to certify the work record
If an individual is donating labor or services in their trade such as an electrician, brick layer, carpenter,
etc., reimbursement will be based on the prevailing wage paid in the locality for that specialized trade.
The "Certification of Donated Labor or Service" form must be completed and submitted with a signed
force account work record.
Labor performed by individuals from correctional institutions must be documented in writing by an
officer of the correctional institution
Materials Donated materials will be recognized for matching purposes at the actual cost or at the
normal price charged by a vendor All vendors donating materials must submit an invoice and a signed
letter stating that they are donating and that the invoiced amount is the actual price of goods or services
normally charged all customers.
Equipment: Donated equipment use will be recognized for matching purposes at rates established by
the Department, providing that the firm is not in the equipment rental business. If equipment is donated
from a rental agency, the donor must submit an invoice and signed letter stating that the invoiced
amount is the normal price charged all customers.
LOCAL GOVERNMENT PURCHASING COOPERATIVE
The Local Government Purchasing Cooperative is an administrative agency created in accordance with
Texas Government Code Chapter 791 (Inter-local Cooperation Contracts) "A local government that
purchases goods and services under this section satisfies the requirement of the local government to
seek competitive bids for the purchase of the goods and services." Its purpose is to obtain the benefits
and efficiencies that can accrue to members or a cooperative, to comply with state bidding
requirements, and to identify qualified vendors of commodities, goods, and services. Membership is
free and open to all local governments, non-profits, and other political subdivisions of the state of
Texas.
40
LAND ACQUISITION REIMBURSEMENT CHECKLIST
After grant approval and Recreation Grants Branch approval of an independent appraisal prepared in
accordance with the program procedures, the following information is required before payment can be
made to the sponsor for acquisition projects:
1 Project Construction Plans and Specifications must be accepted by the Department before
reimbursement will be made for land donations.
2. Proof of ownership and legal rights obtained One photocopy of the executed, recorded
deed
3 Title Policy(if obtained)
4 Proof of payment
5 Budget Summary showing acquisition value of the land
6 A current status report must be on file
Treatment of Land Donation Reimbursement after Expenditures Submitted
Sponsors may not make a profit from donations. Land donations will be recognized for matching
purposes after the sponsor has made other cash payments for the project. The match able amount for
land donation equals the amount of the cash expenditures or the value of the land donation as
approved by the Department,whichever is less.
41
REIMBURSEMENT REQUEST CHECKLIST
The sponsor should review this checklist carefully before submitting each request. This is a comprehensive
list for most projects. Some items listed may not apply to your project. Use the list as a guide, contact
Recreation Grants staff if you have questions.
1 Plans and Permits Construction plans (if applicable) must be accepted by the Department
and on file for each construction element of the project for which reimbursement is requested.
Registration of the project with TDLR (if applicable) is required. All other required permits and
clearances should be on file with TPWD
2. Bid Advertisement and Tabulation of All Bids Received For expenditures requiring
competitive bidding, a copy of the bid advertisement and a copy of the bid tabulation listing all
bidders and bid amounts are requested
3. Contract Documents A copy of the executed contract(s) and all change orders issued on the
contract(s)must be filed with the Department.
4 Invoices All invoices must be legible and must identify the project element for which materials
or services are being used A copy of each invoice must be submitted with proof of payment.
5 Contractor's Payment Voucher A copy of the contractor's estimate must be furnished to the
Department supporting the proof of payment.
6 Proof of Payment: Adequate proof of payment is required, such as cancelled checks, bank
statement,or wire transfers.
7 Force Account Work Record The sponsor may use either the Department's Daily or Weekly
Work Record, or their own Include the supervisor's signature. Submit copies of Weekly Work
Record only
8. Certification for Donated Professional/Skilled Labor or Service A completed Certification
for Donated Professional/Skilled Labor or Service must be submitted when requesting
reimbursement for donations of a specialized trade or profession
9 Spreadsheet: A spreadsheet that ties all expenditures, including force account, to project
elements must be provided with each reimbursement request.
10 Budget Summary. The sponsor should submit one completed copy of the Budget Summary
with each reimbursement request.
11 Certification for Reimbursement Request:
A completed "Certification for Reimbursement Request" form must be submitted with each
reimbursement request to ensure that each period reimbursement is true and correct.
42
i)PROJECT CL SEOUT CHECKLIST
i j
Before requesting a final inspection of a completed grant project,the following must be accomplished
1 All facilities must be complete and usable for recreation as specified in the Agreement. If
facilities differ significantly from the original site plan, an as-built site plan must be provided
to the Department.
2. A permanent grant program recognition sign must be installed in a visible location. The
temporary recognition sign should be removed when the permanent sign has been installed
3. Project must be registered with Texas Department of Licensing and Regulation
4 The Sponsor must submit a Final Reimbursement Request.
43
REIMBURSEMENT FORMS
I Weekly Work Record for Employees
II. Weekly Work Record for Volunteers
III. Equipment Listing
IV Certification for Donate Labor or Service
V Certification for Reimbursement Request
VI. Sample Spreadsheet for Budget Summary
VII Sample Budget Summary
VIII. Direct Deposit Authorization
Note All forms are in the resources section in the Recreation Grants Online System. The
spreadsheet is the responsibility of the sponsor These forms are to be used by you for
requesting reimbursement. Please feel free to duplicate as necessary or you can develop your
own if the same information is provided.
44
TEXAS PARKS s I. Weekly Work Record for Employees
WILDLIFE
Project Name: Period From: To:
Project Number
jjjjjj/
� 00���41����o����-a \-\ +`41°" "41°
Volunteers
S MI T I W I Th I F S Total Hourly Total Signature
Name (#Of Hours Worked on Project:) Hours Rate
Total
Fringe Benefits%(if applicable)
Total value towards project
Equipment
S M T I W I Th F S Total Rate Per Total Reference Number
Unit Description (Hours/Miles Operated) Hrs./Mi. Hrs./Mi.
Total Equipment Cost
NET TOTAL(Employees+Equipment)
I certify that the listed individuals were on the payroll of on the dates shown and that these employees and the above listed equipment were used for the development of the
Project named above.
Project Officer/Supervisor Signature:
45
TEXAS PARKS 6 II. Weekly Work Record for Volunteers
WILDLIFE
Project Name: Period From: To:
Project Number
o oS OS oS o� o� o�
Volunteers •\'`'.t•\° ?`�° �`-`�°` 4`b.�°� ?`''�°`. 4`'.�°� ?`'-°)
S M T W Th F S Total Hourly Total Signature
Name (#Of Hours Worked on Project:) Hours Rate
Total
Fringe Benefits%(if applicable)
Total value towards project
Equipment
S M T IWI Th F S Total Rate Per Total Reference Number
Unit Description (Hours/Miles Operated) Hrs./Mi. Hrs./Mi.
Total Equipment Cost
NET TOTAL(Volunteers+Equipment)
I certify that the listed individuals&equipment were used on the dates indicated for the development of the project named above.
Project Officer/Supervisor Signature:
46
III. EQUIPMENT LISTING
Sponsor•
Project Name
Project Number•
Combined Single/ Wheeled or Cost Code
Year Make/Model Description Weight Capacity Size/H.P. Tandem Track-Mounted No.Assigned Rate
(Please indicate if the equipment has been purchased with local,state,or federal funds.)
47
TEXAS
PARKS&WILDLIFE SAMPLE III-a. EQUIPMENT LISTING
Sponsor' City of Anywhere
Project Name Anywhere City Park
Project Number 50-009999
Combined Single/ Wheeled or Cost Code
Year Make/Model Description Weiaht Capacity _ Size/H.P. Tandem Track-Mounted No.Assigned Rate
1977 International Dump Truck 2.5-ton Single Wheel
1984 Mack Dump Truck 5-Ton Tandem Wheel
1964 Case Tractor 95-H.P Wheel
(Please indicate if the equipment has been urchased with local,state,or federal fu nds.)
48
TEXAS
PARKS& IV.CERTIFICATION FOR DONATED PROFESSIONAL/SKILLED
WILDLIFE
LABOR OR SERVICE
I certify that my profession or skilled trade is and the prevailing wage for this profession or
trade is $ per hour My donation of labor or service for
(ProlectName) , Project Number) is correct and just, as will be stated on the
work record and will be charged to the project only when working in the trade or profession
named above.
By
Signature of Donor
(Print or Type Name)
Date
By signature hereon I certify that to the best of my knowledge the individual named above is in
the profession or skilled trade stated and has agreed to donate labor or services to the
referenced grant project.
Sponsor
By
Signature of Donor
(Print or Type Name and Title)
Date
49
r
TEXAS
PARKS&
WILDLIFE
V. CERTIFICATION FOR RECREATION GRANTS
REIMBURSEMENT REQUEST
I certify that to the best of my knowledge and belief the attached reimbursement request for the period
to
Project Name , Project Number_
is correct and complete;that payment from the State of Texas has not been received,that the work and
services are in accordance with the Texas Parks and Wildlife Department Recreation Grants Program,
including amendments thereto,and that progress of the work and services is satisfactory and is
consistent with the project agreement.
Recipient Organization(Sponsor)
By
Signature
Print or Type Name and Title
Date
Reimbursement prepared by
Phone#/email address:
AMOUNT REQUESTED(NET).$_
50
TEXAS SAMPLE VIII SPREADSHEET FOR BUDGET SUMMARY
PARKS 8
WILDLIre
Sponsor' City of Anywhere
Project Name: Anywhere City Park
Project Number 50-009999
Request Number 1
Period 01/02/2005-03/04/2005
Check 1A 2A 2B1 2B2 2D
Date(s) Payee Number A/E Site Prep Water Electrical Restroom Retainage Total
1/2/05 James Engineering 234567 $300.00 $300.00
2/8/05 John Doe 234570 $1,000.00 $1,000.00
2/9/05 A to Z Utilities 234572 $800.00 $6,000.00 $6,800.00
3/1/05 Tiny's Contracting,Inc. 234580 $4,800.00 ($480.00) $4,320.00
12/12/05-12/15/05 *Total Force Account N/A $102.65 $102.65
TOTAL $300.00 $1,000.00 $902.65 $6,000.00 $4,800.00 -$480.00 $12,522.65
*Force Account:Daily Work Records for Force Account Work can be consolidated on a spreadsheet. The spreadsheet total should be for the
reimbursement request period. To facilitate the final audit and inspection,the Force Account records must be tabulated on a daily basis.
51
TEXAS
PARKS
WILDLIFE SAMPLE IX. BUDGET SUMMARY
E
PROJECT Anywhere City Park REIMBURSEMENT REQUEST NUMBER 1
PROJECT NUMBER. 50-009999 PERIOD COVERED. 01/02/2005TO
03/01/2005
APPROVED COMPLETED COMPLETED TOTAL
COSTS LASTREQUEST THISPERIOD COMPLETE
PROFESSIONALSERVICES
Construction Plans/Specifications
Begin: 1/1/05 $ 1,000.00 300.00 300.00
CONSTRUCTION ELEMENTS
A. Site Preparation 7,000.00 1,000.00 1,000.00
B. Utilities
1 Water 1,500.00 902.65 902.65
2. Electrical 9,000.00 6,000.00 6,000.00
C. Roads and Parking
1 Roads 4,000.00 0.00
2. Parking
3,000.00 0.00
D Restroom/Concession
10,000 00 4,800.00 4,800.00
E. Recreation Facilities
1 Picnic Units
2. Barbecue Pits 900.00 0.00
3. Tennis Court Renovation 800.00 0.00
4 Tot Lot Playground 9,000.00 0.00
5. Baseball Field 2,400.00 0.00
14,000.00
F Miscellaneous
1 Sign
2. Contingencies 200.00 0.00
1,200.00 0.00
Construction Cost
$ 63,000.00 12,702.65 12,702.65
Less Retainage
$ 0.00 (480.00) (480.00)
TOTAL CONSTRUCTION
$ 63,000.00 12,222.65 12,222.65
LAND- — —
$
TOTAL PROJECT COST $ 64,000.00 12,522.65 12,522.65
MATCH $32,000.00 52
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Section 6
AFTER GRANT PROJECTS
ARE COMPLETE
54
RETENTION, OPERATION & MAINTENANCE RESPONSIBILITIES
RETENTION AND USE
Once the project is complete, post completion inspections will be conducted by the Recreation Grants
Staff These inspections are made every five years to observe operation, maintenance, and compliance
with civil rights requirements.
You are reminded that any park property assisted with grant funds shall not be converted to other than
public outdoor recreation uses without the prior approval of the Department. The installation of
overhead electrical lines at a fund assisted site is considered conversion
Financial records, supporting documents and all other records pertinent to this grant must be retained
for the next three years.
An annual status report will be required every year at August 31st, for five years after the project is
completed. This report must contain descriptions of present and anticipated uses, contiguous land
additions, new development, and any major changes in the character of the property
********* *
Property acquired or developed with TPWD assistance shall be retained and used for public recreation.
Any property so acquired or developed shall not be wholly or partly converted to other than public
recreation uses without the approval of the Department. Such approval will be given only upon
conditions as the Department deems necessary to assure the substitution of other outdoor recreation
properties of at least equal fair market value and of reasonably equivalent usefulness, quality, and
location An exception to the requirement for permanent public recreation use and dedication will only
be made for leased TPWD-assisted properties after the term of such leases expire
A. Proposed Uses— Non-recreational uses anticipated at the time of approval, or for which a request
for conversion will be made subsequent to project approval,will be subject to the conditions above
B Existing Uses — These provisions do not apply to non-recreational uses being made of an area or
facility at the time the program-assisted project is approved, when such uses are known to and
approved by the Department and documented in the project proposal.
CHANGES IN RECREATIONAL USES
The use of property acquired or developed with program assistance may not be changed from that
contemplated and approved when assistance was obtained, unless prior approval is obtained from the
Department.
OPERATION AND MAINTENANCE
Property acquired or developed with program assistance shall be operated and maintained as follows.
A. The property shall be maintained so as to appear attractive and inviting to the public.
B Sanitation and sanitary facilities shall be maintained in accordance with applicable health
standards.
55
C Properties shall be kept reasonably safe for public use. Fire prevention, lifeguard, and similar
activities should be maintained for proper public safety
D Buildings, roads, trails, and other structures and improvements shall be kept in reasonable repair
throughout their estimated lifetime to prevent undue deterioration and to encourage public use. It is
not necessary that assisted structures/improvements be maintained in perpetuity Once assisted
improvements/structures have exceeded their estimated lifetime, or they are no longer economically
feasible to operate or maintain, they may be demolished, renovated, or redeveloped as long as the
area remains in public recreation use and prior Departmental approval is received.
E The facility shall be kept open for public use at reasonable hours and times of the year, according to
the type of area or facility
AVAILABILITY TO USERS
A. Non-Discrimination — Property acquired or developed with program assistance shall be open to
entry and use by all persons regardless of age, race, color, sex, national origin, or handicap who
are otherwise eligible. Discrimination on the basis of residence, including preferential reservation or
membership systems, is prohibited, except to the extent that reasonable difference in admission or
other fees may be maintained on the basis of residence.
B Reasonable Use Limitations — Participants may impose reasonable limits on the type and extent of
use of the areas and facilities acquired or developed with program assistance when such a
limitation is necessary for maintenance or preservation Thus, limitations may be imposed on the
number of persons using an area or facility or the type of users such as hunters only or hikers only
All limitations shall be in accord with the applicable grant agreement and amendments.
TPWD receives funds from the USFWS TPWD prohibits discrimination on the basis of race, color, religion,
national origin, disability, age, and gender, pursuant to state and federal law To request an accommodation or
obtain information in an alternative format, please contact TPWD on a Text Telephone(TTY)at(512)389-8915 or
by Relay Texas at 7-1-1 or (800) 735-2989 or by email at accessibilitv(a tpwd.texas.gov If you believe you have
been discriminated against by TPWD, please contact TPWD, 4200 Smith School Road, Austin, TX 78744, or the
U S. Fish and Wildlife Service, Office for Diversity and Workforce Management, 5275 Leesburg Pike, Falls
Church,VA 22041
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