HomeMy WebLinkAboutO-2000-2427
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ORDINANCE NO. OO-~ q.p--1
AN ORDINANCE AUTHORIZING AND APPROVING THREE SEPARATE
AGREEMENTS BETWEEN THE CITY OF LA PORTE AND THE: 1) TEXAS
GENERAL LAND OFFICE, 2) TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION, AND 3) U.S. FISH & WILDLIFE SERVICE TO PROVIDE
FUNDING IN THE COMBINED AMOUNT OF $168,638 FOR THE LITTLE
CEDAR BAYOU STABILIZATION PROJECT; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO. THE SUBJECT; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contracts,
agreements, or other undertakings described in the title of this ordinance, in
substantially the form as shown in the documents which are attached hereto and
incorporated herein by this reference. The City Manager is hereby authorized to
execute such documents and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all such signatures and
to affIX the seal of the City to all such documents.
Section 2. The City Council officially finds, determines, recites, and
declares that a sufficient written notice of the date, hour, place, and subject of this
meeting of the City Council was posted at a place convenient to the public at the
City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and
that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves,
and confirms such written notice and the contents and posting thereof.
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Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 14TH day of August, 2000.
CITY OF LA PORTE
By:
~Ib. Ac~
Norman L. Malone,
Mayor
ATTEST:
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Martha Gillett,
City Secretary
APPROVED AS TO FORM:
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Knox W. Askins,
City Attorney
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Texas General
Land Office
Stephan Barr
Director of Parks and Recreatoin
City of LaPorte
P.O. Box 1115
LaPorte, Tx 77572-1115
Re: GLO Contract No. 00-333 C
David Dewhurst
Commissioner
Dear:
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August 23,2000
For your files, enclosed please find one fully executed contract with
the General Land Office.
If you have any questions, please call me at (512) 475-2225.
Enclosure
Stephen F. Austin Building
1700 North
Congress Avenue
Austin, Texas
78701-1495
512-463-5001
Sincerely,
~~
Kathy Smartt
Contract Liaison
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OLO Contract No, 00-333 C
Coastal Projects No. 1031
PROJECT COOPERATION AGREEMENT
FOR PROJECT DESCRIPTION AND FUNDING
BETWEEN
THE GENERAL LAND OFFICE
AND
CITY OF LA PORTE
FOR
LITTLE CEDAR BAYOU
THIS PROJECT COOPERATION AGREEMENT (the "Agreement") is made and
entered into by and between the General Land Office ("GLO") and the City of La Porte (the
"Qualified Project Partner") pursuant to the Coastal Erosion Planning and Response Act (the
"Act"), codified as Texas Natural Resources Code, Chapter 33, Subchapter H, and the regulations
set forth in Texas Administrative Code, Title 31, Chapter 15, Subchapter B.
WHEREAS, pursuant to the Act, the GLO is authorized to implement a program of
coastal erosion avoidance, remediation, and planning and will undertake coastal erosion studies,
demonstration projects, and response projects in conjunction with qualified project partners; and
WHEREAS, upon the receipt of legislative appropriations, funds may be expended from
the Coastal Erosion Response Account (the "Account") to finance erosion response activities
authorized by the Act and approved by the Commissioner of the GLO; and
WHEREAS, if the GLO and the Qualified Project Partner enter into a project cooperation
agreement to undertake an erosion response study or project, the Act requires the Qualified
Project Partner to pay at least 25% of the shared project costs either (i) before completion of the
project, or (ii) following completion of the project as set forth in this Agreement; and
WHEREAS, the Qualified Project Partner has filed a Project Goal Summary with the
GLO in accordance with 31 Texas Administrative Code ~15.21, attached hereto as Attachment
A- and
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WHEREAS, the GLO has determined that shoreline stabilization is a viable option for
addressing erosion on Little Cedar Bayou, and has authorized funding from the Account to
finance such option; and
WHEREAS, this Agreement and all attachments hereto (referred to collectively as the
"Agreement"), shall set forth the terms and conditions under which the erosion response project
will be completed and funded;
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this Agreement and hereby agree as follows:
I. EROSION RESPONSE PROJECT.
1.01. PROJECT DESCRIPTION. The parties agree to cooperatively address the erosion
problem(s) identified in the Project Goal Summary by constructing a nearshore breakwater and
planting marsh grasses on the shoreline behind the breakwater (the "Project").
1.02. TASKS. The parties shall complete the Project in accordance with the Project Work Plan
contained in Attachment B attached hereto and incorporated herein for all purposes.
1.03. PROJECT BUDGET. The parties agree that all expenses associated with the
performance of this Agreement will not exceed the sum of One Hundred Sixty-nine Thousand
Seven Hundred Eighty-four and No/lOO Dollars ($169,784.00) and will be paid in accordance
with the Budget attached hereto and incorporated herein by reference as Attachment C. In the
event the parties agree that additional tasks and/or funds are required for the completion of the
Project, the parties shall execute an amendment to this Agreement.
1.04. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and
acknowledges that, when required, an approved coastal boundary survey must be filed with the
GLO in conformance with Texas Natural Resources Code ~33.l36, prior to commencement of the
Project.
II. TERM.
2.01. DURATION. This Agreement shall be effective on the date the last party executes this
Agreement, and shall terminate on August 31, 2001, unless extended by mutual agreement.
2.02. EARL Y TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice.
2.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either party may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written
notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify
the Qualified Project Partner and furnish the Qualified Project Partner with the names of three
mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Project Partner
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shall select a mediator from the list provided by the GLO and notify the GLO. The mediation shall
occur within thirty (30) days of such notification. Prior to the mediation, each party will provide
the mediator with a statement of issues to be mediated, along with any other information/releases
required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute
resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code.
III. FUNDING.
3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least
25% of the shared project costs either (i) before completion of the Project, or (ii) following
completion of the Project as set forth in this Agreement (the "Partner Match"). The Qualified
Project Partner acknowledges that it may be subject to a Partner Match exceeding the minimum
25% share required by the Act. The Qualified Project Partner acknowledges that no costs
incurred by the Qualified Project Partner before entering into this Agreement or not in
accordance with the Attachment C can be used to offset the Partner Match.
b. In-kind goods or services provided by the Qualified Project Partner after entering into
this Agreement may be used to offset up to 25% of the Partner Match provided the Qualified
Project Partner presents the GLO with a reasonable basis for estimating the monetary value of
those goods or services. The decision to allow any in-kind goods or services to offset the Partner
Match is in the sole discretion of the GLO.
c. The Qualified Project Partner agrees and acknowledges that financial assistance from
the Beach Cleaning and Maintenance Assistance Program pursuant to 31 Texas Administrative
Code Chapter 25 may not be used to meet the Partner Match.
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work
cooperatively to investigate and secure funding from sources other than the Account. Alternative
sources of funding acquired by the Qualified Project Partner after the execution of this
Agreement may be used to meet the Partner Match.
3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf
of the State of Texas and/or the General Land Office in violation of Sec. 49, Art. ill of the State
Constitution. In compliance with Sec. 6, Art. VIII of the Constitution, it is understood that all
obligations of the State hereunder are subject to the availability of State funds. If such funds are not
appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall
be discharged from further obligations, subject to the equitable settlement of their respective
interests accrued up to the date of termination.
3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related
to the subject project and,to verify any expense item submitted for reimbursement by the Qualified'
Project Partner, who will permit the GLO to inspect, and will make available for inspection, any and
all pertinent records, files, information, and other written materials pertaining to the expenditure of
funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further
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agrees to maintain, keep, and preserve at its principal office all such records, and all other records
associated with this Agreement, for a period of four years following the completion or termination
of this Agreement and to make the same available to the GLO or other agencies of the state or
federal government for purposes of audit.
IV. MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written herein are
the rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, ail of which shall apply to the performance
of the services hereunder.
4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the provisions of the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and
the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project
Partner acknowledges that it will reimburse the Account for any costs to the erosion response
project, whether in the form of increased project costs or decreased benefits, resulting from any
action or activity which has occurred or is occurring that is not in compliance with the relevant local
beach/dune plan(s).
4.03. POINTS OF CONTACT.
8. The GLO's point of contact for this Agreement shall be:
Scott Vanzant
Project Manager
P.O. Box 12873
Austin, Texas 78711-2873
(512) 463-6950
(512) 475-0680 -- fax
b. The Qualified Project Partner's point of contact for this Agreement shall be:
Stephen Barr
Director of Parks & Recreation
City of La Porte
P. O. Box 1115
La Porte, TX 77572-1115
(281) 470-7275
(281) 470-1361 -- fax
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4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement
shall be deemed delivered when deposited in the United States mail, postage prepaid, certified
mail, return receipt requested, addressed to the point of contact for the GLO or the Qualified
Project Partner, as the case maybe, at the address set forth in Section 4.03 of this Agreement.
4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fixed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immunity by the GLO.
4.06. SEVERANCE. Should anyone or more provisions of this Agreement be held to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
4.07. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent written modification signed by both parties.
GENERAL LAND OFFICE
~Q~
Larry R. Soward, Chief Clerk!
Senior Deputy Land Commissioner
Date of execution: ~~
QUALIFIED PROJECT PARTNER
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Name: Ro8~rT T. frerre rCl
Title: (.;+y M AJ.j.,,'"
Date of execution: ~I /'1/ IJ ()
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ATTACHMENT A
PROJECT GOAL SUMMARY
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Project Goal Summary
Little Cedar Bayou Shoreline Stabilization Project
Date Submitted: November 19, 1999 (revised 2/00 QPP; 5/17/00 GLO)
Qualified Project Partner Name and Point of Contact
Address/Phone/Fax:
Stephen Barr, Director of Parks & Recreation
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
(281) 470-7275
(281) 470-1361--fax
Location and Geographic Scope of Erosion Problem (map attached):
La Porte, Harris County; The project area is located at Little Cedar
Bayou at its terminus into Galveston Bay. The project focus area is
approximately 900 feet in length. (see attached maps)
Problem Description/Severity of Erosion:
The area has lost approximately 33,000 square feet of city owned land,
which includes a public park. The estimated erosion rate is 1.5 - 2.0 feet
per year.
Presumed Causes:
. Subsidence,
· Tidal exchange at the mouth of Little Cedar Bayou,
· Wind and vessel generated waves.
Desired Outcome (Goals of Project):
· Protect the public land, public park, private land and Vista Baywood
Apartment complex against threat of further erosion,
· Enhance and create wetlands.
Description of Benefits (if Goals of Project are achieved--public,
economic and/or natural resource benefits):
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· Preserve and, if possible, increase public and private property values and
associated tax revenues,
· Protect valuable natural resources in the form of trees and wetlands,
· Add wetland features to the public park,
· Increase viable plant and wildlife habitat,
· Serve as a public education tool for the community.
Alternatives for Response and Order-of-Magnitude of Total Cost:
$5,000 $50,000 $500,000 $1 million $10 million $50 million $100 million
Shoreline stabilization structure and vegetative plantings. Estimated total
project cost: $90,000 -$175,000
Potential Co-sponsors:
· Houston-Galveston Area Council (co-submitted PGS)
· The City of La Porte (co-submitted PGS)
Potential Funding Sources:
· City of La Porte- Qualified Project Partner
· US Environmental Protection Agency (EP A)
· Galveston Bay Estuary Program (GBEP)
· Galveston Bay Foundation (GBF)
· US Army Corps of Engineers (USACE)
· Texas Parks and Wildlife Department (TPWD)
. US Fish and Wildlife Service (USFWS)
State Representative - N ameIDistrict:
State Senator - Name/District:
Congressman - N ame/District:
John E. Davis / District No.129
Mike Jackson / District No. 11
Ken Bentsen / District No. 25
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Project Location Map
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ATTACHMENT B
PROJECT WORK PLAN
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PROJECT WORK PLAN
Little Cedar Bayou Shoreline Stabilization Project (1031)
1. To aid in completion of the Project, the GLO shall:
a. Contract with professional service provider to:
document and review the history of the Project;
evaluate feasibility of alternatives;
recommend preferred alternative;
suggest refinements/ value engineering;
estimate construction cost;
identify permit requirements and prepare applications;
provide final plans, specifications for inclusion in the public bid package; and
assist with public bidding and contract award as necessary.
b. Contract with economic analyst to:
prepare economic benefits analysis; and
develop economic monitoring protocol.
c. Develop a general work order for the professional services provider.
d. Contract with construction contractor for the construction of the Project.
e. Develop a scope of work for the economic analyst.
f. Manage contracts with professional service provider, economic analyst and
construction contractor.
g. Identify GLO requirements relating to state-owned submerged land.
h. Estimate total cost and match requirements.
2. To aid in completion of the Project, the Qualified Project Partner shall:
a. Confer and cooperate with the GLO on the selection of the professional service
provider, scopes of work, and preferred alternatives.
b. Confer and cooperate with the GLO to delineate the extent of the project area to
be evaluated.
c. Provide relevant data and results of previous studies and/or projects to the GLO
and selected professional service provider.
d. Obtain and provide to GLO and economic analyst data from local appraisal
districts and taxing entities for assessment of economic impacts and benefits.
e. Provide information to GLO on multi-agency coordination for initial project
concept.
f. Provide in kind services if used as match:
labor;
contractual;
volunteers;
equipment, and
supplies.
g. Document in-kind services.
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ATTACHMENT C
PROJECT BUDGET
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LITTLE CEDAR BAYOU PROJECT ESTIMATED BUDGET
SHARED PROJECT COSTS
CONTRACTUAL TOTALS
1. Engineering
Task 1 - Project Review $6,393
Task 2 - Data Collection $10,362
Task 3 - Final Design and Permitting $15,505
2. Economic Analysis $5,000
3. Construction $120,000
Subtotal $157,259
IN-KIND SERVICES
Qualified Project Partner $10,025
GLO $2,500
Alternative Source of Funding $0
Subtotal $12,525
OTHER
1. $0
2. $0
Subtotal $0
TOTAL NOT TO EXCEED PROJECT COST $169,784
Qualified Project Partner (QPP)
25% of Total Costs $42,446
Partner In-kind $10,025
Alternative Source of Funding $0
TOTAL (25% of total costs - partner in-kind - QPP alternative funding)
QUALIFIED PROJECT PARTNER'S SHARE* $32,421
CEPRA
75% of Total Costs $127,338
GLO In-kind $2,500
Alternative Source of Funding $0
TOTAL (75% of total costs - GLO in-kind - GLO alternative funding)
COASTAL EROSION RESPONSE ACCOUNT'S SHARE $124,838
COST SHARING REQUIREMENTS
· Please specify when using historically underutilized business as required by stale law,
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Contract Number 582-0-31110
THE STATE OF TEXAS
COUNTY OF TRAVIS
AGREEMENT
INTERAGENCYIINTERLOCAL
CATEGORY I
Little Cedar Bavou StabilizationProiect
Name of Project
THIS AGREEMENT is entered into by and between:
the Texas Natural Resource Conservation Commission, an agency of the State of Texas (hereinafter
TNRCC), and the City of La Porte, an agency or political subdivision of the State of Texas (hereinafter
PERFORMING PARTY), .,
pursuant to the authority granted and in compliance with applicable provisions of the Interagency Cooperation Act,
TEx. GOV'T. CODE ch. 771 and Intergovernmental Cooperation Act, TEx. GOV'T CODE ch. 791.
TNRCC and PERFORMING PARTY, in consideration of the mutual covenants hereinafter set forth, agree as follows:
,ARTICLE 1. WORK
See attached Scope of Work.
ARTICLE 2. PRICING. PAYMENTS and HUB REPORTS
1. Payment Requests. See attached Contract Costs Budget (for payment based on reimbursement of actual costs) or
Schedule of Fixed Rates (for payment at fIxed rates based on the nearest practicable estimate of actual costs).
2. HUB Reports. H required under this Contract (see below), the PERFORMING PARTY, when submitting payment
, requests, will report the level of subcontracting activity with Historically Underutilized Businesses (HUBs) as defIned
by State law. Such reports must be mad~ on a TNRCC-provided HUBIMWBE Progress Assessment Report (PAR)
Form.
o HUB Reports (pAR Forms) are required to be submitted with each payment request (see attached
Additional Exhibits which contain a copy of required form and completion instructions)
or X HUB Reports (pAR Forms) are not required under this Contract.
ARTICLE 3. MAXIMUM AMOUNT OF CONTRACT
The total amount of this Contract shall not exceed:
Thirty-Three Thousand Eieht Hundred Dollars
. (Written amount)
$33.800
($ numerical amount)
unless this Contract is,amended in writing. It is further expressly understood and agreed by the parties hereto that
this Agreement provides only partial funding for the project, and that performance on the part of the Performing Party
, shall be limited and contingent upon Performing Party receiving necessary additional func~ing for the project .from other
sources.
ARTICLE 4. TERM OF CON1RACT
This Contract shall begin on Aueust 1. 2000 , and shall tenninate on full performance,
which i~ due on Aueust 31. 2001. unless termina~ed early or extended in accordance with the terms of the Contract.
Agreement I InteragencylInterlocall Category I -- Standard Form _.: pg I
Revised: November 24, 1997 -. Printed: July 25. 2000
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ARTICLES. CERTIHCATIONS
',1. TIlE UNDERSIGNED CONTRACTING PARTIES do hereby certify that (1) the services specified above are
necessary and essential for activities that are properly within the statutory functions and programs of the parties, (2) the
proposed arrangements serve the interest of efficient and economical adrmnistration of State Government, and (3) the
services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas
to be supplied under contract given to the lowest responsible bidder.
2. The TNRCC further certifies that it has the authority to contract for the above services by authority granted in the
Current Appropriations Act, and TEx. WATER CODE ~ 5.229.
3. PERFORMING PARTY further certifies that it has authority to perfonn the services contracted for herein.
ARTICLE 6. CONTRACTDOCUMrnNTS
The Contract Documents which comprise the entire Contract between TNRCC and PERFORMING PARTY concerning
the Work consist of the following: .
1. This Agreement
2. Scope of Work
3. One of the following (whichever is checked):
X Contracts Costs Budget
or Cl Schedule of Fixed Rates
(If n~ither is checked, or both are checked, this Contract is void)
4. General Conditions
5. One of the following (whichever is checked):
X Federal Conditions
or Cl DELIBERATELY OMITTED (Federal Conditions are not jncorporated into
this Contract)
(If neither is checked, or both are checked, this Contract is void)
6. Project Representatives I Records Location
7. Additional Exhibits titled:
Agreement I InteragencylInterlocall Category I -- Standard Fonn -- pg 2
Revised: November 24. 1997':' Printed: Juty 25. 2000 '
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The under~igned bind'themselves to the faithful performance of this C~ntract:
TNRCC:
PERFORMING PARTY:
Texas Natural Resource
Conservation Commission
By: tILl i/;/tIt: 5
Au orized Signature
By:G?~ ,-: ~
Authorized Signature
Herbert Williams
Printed Name
Robert T. Herrera
Printed Name
Division Director. OEPAA
Title
Date: tf:; ;5(00
City Manae:er
Title
Date: ~ I/L/I 0 ~
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Agreement I InteragencylInterIocall Category I -- Standard Form -- pg 3
Revised: November 24, 1997 - Prinled: July 25, 2000
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SCOPE OF SERVICES
ANDSCHEDULEOFDELnffiRABLES
INTRODUCTION
The City of LaPorte, in cooperation with Galveston Bay Estuary Program (GBEP) of the Texas Natural Resource
Conservation Commission (1NRCC) and others, will design and install a shoreline stabilization structure and associated
Spartina wetland for 350 ft. near the mouth of Little Cedar Bayou in La Porte in an area that is eroding as a result of
scouring caused by wave attack.. The area where the prqposed project is planned is one of the few areas in the northern
Galveston Bay area where the public can find access to Galveston Bay. The proposed area is public land and various
public park amenities can be accommodated there, if the area is stabilized. This project implements habitat protection
and shoreline management actions in The Galveston Bay Plan.
ARTICLE 1. LA PORTE PROJECT MANAGER
Stephen L. Barr, Director of LaPorte Parks & Recreation Department, shall be the PROJECT MANA9ER for this
project. LaPorte Parks & Recreation Department, the PERFORMING PARTY, is considered to be essential to the
work being peI:formed under this Contract. Prior to diverting the PROJECT MANAGER for other work or making any
substitutions therefore, the PERFORMING PARTY shall notify the TNRCC in writing reasonable in advance and shall
include written justification (describing proposed substitutions) in sufficient detail to pennit evaluation of the impact
on the work being perfonned. Proposed substitutions shall have comparable qualifications to those of the personnel
being replaced. No diversion or substitution shall be made by the PERFORMING PARTY without the writte,n consent
of the Project Coordinator for the TNRCC, RECEIVING PARTY.
ARTICLE 2. TNRCC PROJECT COORDINATOR
Helen Drummond, Galveston Bay Estuary Program, shall be the Project Coordinator for the RECEIVING PARTY
(TNRCC) for this contract. The Project Coordinator shall serve as the primary contact for communications between
the PERFORMING PARTY and the RECEIVING PARTY. '
. ARTICLE 3. MAJOR OBJECTIVE
The PERFORMING PARTY will complete the following:
Design and installation of a shoreline stabilization structure and associated
Spartina wetland for 350 ft. near the mouth of Little Cedar Bayou in La Porte.
will do all work, contingent upon receiving additional funds as expected from GLO
ARTICLE 4. PRODUCTS AND SCHEDULE OF DELIVERABLES FOR THIS CON1RACT
a. Submit a Project Work Plan. The PERFORMING PARTY shall develop and submit, to the Project
Coordinator, a written Project Work Plan which includes an introductory overview which describes
the general approach proposed by the contractor to accomplish work outlined in Article 3 descri~ing
the objectives and tasks to accomplish the work. The Work Plan must be approved by the Project
Coordinator prior to the PERFORMING PARTY initiating substantial work related to the major
objective described in Article '3. Upon approval of the Work Plan by the Project Coordinator, the
Work Plan shall become part of this contract by reference.
b. Implementation of Work Plan The PERFORMING PARTY shall implement the tasks in the
approved Work Plan.
c. Submit Progress Reports. The PERFORMING PARTY shall submit progreSs reports outlining the
progress made under each of the tasks outlined in the Work Plan.
Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 4
Revised: November 24. 1997 .. Printed; July 25, 2000
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d. Submit Final Report. The PROJECT MANAGER shall submit a Final Report in written and
electronic format, compatible with lNRCC software. The final report shall include at a minimum the
information requested under Article 3, and the fol1o~ing sections:
(1 ) 'Title page '
(2) Executive Summary
(3) Introduction
(4) Project Methodology
(5) Project Results
(6) Project Conclusions
(7) Project Photos
ARTICLE 5, SCHEDULE OF DELIVERABLES FOR THIS CONTRACT
WORK PRODUCT SCHEDULE OF DEUVERABLES
Project Work Plan .' Within 60 days of Contract execution date
Licensed Survey of Shoreline October 31, 2000
Design of Shoreline Stabilization November 30, 2000
Progress Report February 28, 2001
Installation of Shoreline Stabilization February 28, 2001
Planting of Spartina wetland April 30,2001
Progress Report May 31,2001
Draft Final Report July 31,2001
Final Reoort AU2Ust 31,2001
Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 5
Revised: November 24. 1997.. Printed: July 25. 2000
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PROJECT REPRESENTATIVES
RECORDS LOCATION,
ARTICLE 1. PERFORMING PARTY
The term "PERFORMING PARTY" as used in this Project Representatives / Records Location means either
PERFORMING PARTY or CON1RACTOR, as applicable.
ARTICLE 2. TNRCC PROJECT REPRESENTATIVE
The individual named below is the TNRCC Project Representative, who is authorized to give and receive
communication~ and directions on behalf of the TNRCC. All communications inclu,ding all payment requests must be
addressed to the TNRCC Project Representative or his or her designee.
. Helen Drummond
Galveston Bay Estuary Program
Texas Natural Resource Conservation Commission
711 W. Bay Area Blvd., Suite 210
Webster, Texas 77598
Telephone No.: (281) 316-3004
Facsimile No.:' (281) 332-8590
ARTICLE 3. PERFORMING PARTY PROJECT REPRESENTATIVE
The individual named below is the PERFORMING PARTY Project Representative, who is authorized to give and
receive communications and directions on behalf of the PERFORMING PARTY. AIl communications to the
PERFORMING PARTY will be addressed to the PERFORMING PARTY ProjectRepresentative or his or her designee.
.
Stephen L. Barr, Director
Parks & Recreation Department
City of La Porte
PO Box 1115-1322 S. Broadway
La Porte, TX 77552
Telephone: (281) 470-7275
Facsimile No.:(281) 470-1361
, ARTICLE 4. SUBMITIAL OF PAYMENT REOUESTS
Payment requests must be submitted to (whichever is checked):
IllI the TNRCC Project Representative.
o the TNRCC Disbursements Section.
(if neither box is checked, payment requests must be submitted to the TNRCC Disbursements Section).
ARTICLE S. DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW
The PERFORMING PARTY designates the physica1location indicated below for record access and review pursuant
to any applicable provision of this contract:
Parks & Recreation Department
City of La Porte
. PO Box 1115-1322 S. Broadway
La Porte, TX 77552 '
Telephone: (281)470-7275
Facsimile No.:(281) 470-1361
Agreement I InteragencyfInterlocall Category I -- Standard Form -- pg 6
Rcvised: Novcmber 24. 1997 -. Printcd: July 25, 2000
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CONTRACT COSTS BUDGET
ARTICLE 1. BUDGET
Authorized budgeted expenditures under this Contract are as follows:
Budget C~tegory
TNRCC
PersonneVSalary ............................. $0
Fringe Benefits ............................... $0
Travel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $0
Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $0
Equipment .... . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . $ 0
Contractual ...............::............ $33,800
Construction ................................ $0
Other (Facilities) .................. .,. . . . . . . . .. $0
Total Direct Costs ..................... $33,800.00
Authorized Indirect Costs ...................... $0
Total Budgeted Costs .................. $33,800.00
ARTICLE 2. BUDGET CONTROL AND TRANSFERS
Cumulative transfers among the budgeted direct cost categories must not exceed ten percent (10%) of the current
Total Budgeted amount
ARTICLE 3. SUBMI'ITAL OF PAYMENT REOUESTS
Payment requests must be submitted at the interval specified below (whichever is checked; if none is checked,
, pa~nt requests must be submitted monthly; if more than one is checked, invoices must be submitted when both
requirements are met):
[J monthly.
Cl upon completion of deliverables herein (see
).
[J upon completion of all Work.
,x Other (specify) Payment reQuests will be made Quarterlv. If no payment is reQuired durin2 a fiscal
quarter. a Financial Status Reoort will be submitted. More than one oayment reauest mav be made durin2 a
fiscal Quarter. if necessary.
Agreement / InteragencylInterlocal/ Category I -- Standard Fonn -- pg 7
Revised: November 24, 1997 .- Pilnted: July 25. 2000
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GENERAL CONDITIONS
INTERAGENCYnNTERLOCALPURCHASES
CATEGORY I
ARTICLE I. WORK
PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the
term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work
includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or
entity including PERFORMING PARTY's employees, agents, assigns, suppliers, and subcontractors. '
ARTICLE 2. AMENDMENT
This Contract may be amended only by written agreement signed by both parties.
ARTICLE 3. ~S~CE
1. PERFORMING PARTY will, in accordance with Gov't Code, Section 2259.102, purchase and maintain
Directors and Officers insurance or equivalent insurance coverage or other financial assurance, in an amount not
less that the value of this Contract but sufficient, never-the-less, to protect the interests of the state, in the event of
an actionable actor or omission by a director or officer of the PERFORMING PARTY. This requirement is not
applicable to PERFORMING PARTIES who are state agencies as defined in Gov't Code, Chapter 791.
ARTICLE 4. ACCEPTANCE. CORRECTIONS. WAIVER. WARRANTY. OUAUTY
1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TNRCC.
2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to ~e
TNRCC.
,3. Waiver. No waiver, whether expressed' or implied, shall be construed as a continuing waiver unless it is
specifically described in writing as a continuing waiver.
, 4. Warranty. All warranties implied by law are applicable to the Work. Nothing in this Contract nor any action of
the TNRCC will act as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the date
of acceptance unless a different period is stated in this Contract or in a written warranty. PERFORMING PARTY
expressly warrants that the TNRCC will receive the benefits of third-party warranties (whether manufacturer or
supplier) applicable to the Work.
5. Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract. If required by TNRCC, PERFORMING PARTY will furnish satisfactory evidence (which may include
reports of required tests) as to the kind and quality of materials and equipment. All materials 'and equipment shall
be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the
applicable Supplier, except as otherwise provided in the Contract
ARTICLES. PAYMENT
1. Payment Methods. TNRCC will reimburse PERFORMING PARTY's allowable costs of providing Work which
is satisfactory, accepted by TNRCC, and in conformity with all requirements of this Contract and applicable law.
Payment will be either' on a basis of a) reimbursement of actual costs as incurred, or b) agreed upon fixed rates
which are the nearest practicable estimate of PERFORMING PARTY's actual costs.
2. Reimbursement of Actual Cost as Incurred. If this Contract contains a Contract Costs Budget, PERFORMING
PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified in the Contract Costs
Budget, PERFORMING PARTY Iilay submit a request for reimbursement of the actual costs it has incurred. All
such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING
PARTY agrees that the TNRCC's obligation to reimburse the PERFORMING PARTY's costs will remain within
the Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories will not exceed
ten percent (10%) of the total reflected therein.
Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 8
, Revised: November 24, 1997 -- Printed: July 25, 2000 '
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a. If PERFORMING PARTY is a'state agency as detined in GOV'TCODE ch. 791, then all reimbursement
requests must be submitted to the TNRCC Project Representative on a State of Texas Interagency
Transaction Voucher. All requests must be accompanied by a.. summary report or invoice showing the
, budgeted cost categories for the reported expenditures and indicating the amount remaining in each
category. '
b. If PERFORMING PARTY is not a state agency, then all reimbursement requests must be submitted to
the TNRCC Project Representative with a completed TNRCC Financial Status Report (TNRCC Form
269a) and (as applicable) TNRCC Supplemental Financial Status Report Forms 269a-1,269a-3, and 269a-4.
A final Financial Status Report must be submitted no later than 90 days following the termination date of
this Contract.
3. Payment at Fixed Rates. If this Contract contains a Schedule of Fixed Rates, PERFORMING PARTY will be
paid on the basis of agreed upon fixed rates (fixed prices). At the intervals specified in the Schedule of Fixed Rates,
PERFORMING PARTY may submit an invoice requesting payment for all satisfactorily completed work at the
fixed rates specified in the Schedule of Fixed Rate~. All such requests must be submitted to the TNRCC Project
Representative and must be accompanied by supporting documentation as required by this Contract. If
PERFORMING PARTY is a state agency, the payment request must be submitted on an Interagency Transaction
Voucher. I
4. TNRCC may refuse to pay any request submitted more than 90 days after the tennination of this Contract.
ARTICLE 6. SUBCONTRACTORS. OTHERS
1. Qualified Personnel. All employees and s,ubcontractors employed by PERFORMING PARTY on or for the ,
Work must have sufficient qualifications to perform the Work.
2. Objections. PERFORMING PARTY will not employ any particular subcontractor, supplier or other person or
organization on or for the Work if TNRCC makes a reasonable written objection against such subcontractor,
supplier, person, or organization. PERFORMING PARTY will "not be required to employ any particular
subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection.
, 3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all
requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its
subcontractors to do the same.
ARTICLE 7. IN1ELLEClUAL PROPERTY
1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written,
invented, flJ'St actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees,
subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY,hereby
assigns to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish and modify
such intellectual property and authorize others to do so for TNRCC purposes. Upon termination of this Contract, all
data and information by PERFORMING PARTY will be furnished to TNRCC.
2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, perpetual, irrevocable,
enterprise-wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize
others to do so for TNRCC purposes. PERFORMING PARTY shall secure all necessary intellectual property
licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any
, property rights of any third-party. PERFORMING PARTY agrees to require its contractors to indemnify and hold
harm1ess TNRCC from damages arising from or related to any infringement of rights in intellectual property. To the
extent pennitted by law, PERFORMING "PARTY agrees to indemnify and hold hannless TNRCC from damages
arising from or related to any infringement of rights in intellectuBI property.
ARTICLE 8. SEVERABILITY '
The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects
the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is
Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 9
Revised: November 24, 1997 -- Printed: July 25, 2000
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held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the
original provision.
ARTICLE 9. SUSPENSION: TERMINATION
1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the Contract,
violation of applicable law, substantial or material default, or other cause, TNRCC may suspend the Work or
, terminate thili Contract for cause. '
2. Force Majeure. In the event of delay or failure of perfonnance caused by force majeure, TNRCC may terminate
this Agreement in whole or part upon seven (7) days written notice.
3. For 90nvenience. TNRCC may terminate this Contract for convenience and without cause upon seven (7) days
notice.
4. Payment Adjustment. If the TNRCC terminates for convenience or because of force majeure, PERFORMING
PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termina~on.
ARTICLE 10. SURVIVAL OF OBUGATIONS .'
All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with
this Contract, as well as all continuing obligations indicated,in the Contract, will survive final payment, completion
and acceptance of the Work and termination o.r completion of the Con~act.
ARTICLE 11. LAWS AND REGULATIONS
PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except
where otherwise expressly required by applicable law, TNRCC shan not be responsible for monitoring
PERFORMING PARTY compliance with any applicable law.
ARTICLE 12. AUDIT. ACCESS TO RECORDS
The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (including
that perfonned by subcontractors), and shall retain them for at least three (3) years from the date of termination of
this Contract. The TNRCC, the Texas State Auditor's Office, or any of their duly authorized representatives may
review, audit, copy, or disclose the contents of such books or records at any time.
ARTICLE 13. NUSCELLANEOUS
1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the
TNRCC to the Project Representative designated by the TNRCC. The PERFORMING PARTY will designate a
Project Representative to receive all communications from the TNRCC. Both Project Representatives will be
designated in writing (see Project Representatives / ~ecords Location).
2. "Time is of the Essence" will apply to all time limits stated in the Contract.
3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in the
Unifonn Grant and Contract Management Standards (UGCMS), including those related to financial monitoring,
auditing and record keeping.
ARTIcLE 14. DELINOUENT STATE TAXES
The PERFORMING PARTY agrees that any payments due under this Contract will be applied towards any debt
owed to the State of Texas. This requirement is not applicable to PERFORMING PARTIES who are state agencies
as defined in Go.v't Code, Chapter 791.
ARTICLE 15. REMEDIES AND SANCI10NS
1. In accord~ce with Chapter 2259 Texas Government Code, the following Sch:edule of Remedies applies to this
Contract in the event of substandard performance or other failure to confonn to the requirements of the Contract or
applicable law.
a. Reject the substandard performance and request corrections without charge to the TNRCC.
,b. Issue a notice of substandard performance or other non-confonning act or omission.
Agreement I InteragencylInterlocall Category I -- Standard Fonn -- pg 10
Revised: November 24, 1997.- Printed: July 25. 2000 '
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c. Request and receive the return of any over payments or inappropriate payments.
d. Reject associated reimbursement requests and suspend payments, pending accepted revision of substandard
perfonnance or non-conformity. Note: Funds may be retained by TNRCC for recovery of administiative costs
or returned to funding source as authorized by agreeme"nts' with the funding source and by state or federal law.
e. Suspend all or part of the Work, pending accepted revision of slJ,bstandard performance or non-confonnity.
f. Terminate the contract, demand ,and receive: return of all equipment purchased of contract funds, return of all
unexpended funds, and repayment of expended funds. '
2. If the TNRCC finds the PERFORMING PARTY's perfonnance to be substandard, TNRCC may provide its
written evaluation report to other governmental entities at any time. TNRCC may also provide its written evaluation
report to the public as authorized by law.
3. TNRCC may avail itself of any remedy or sanction provided in this Contract or in law to recover any losses rising
from or caused by the PERFORMING PARTY's substandard performance or any non-confonnity with the Contract
or the I~w. The remedies and sanctions available to TNRCC in this contract shall not limit the remedies available to
the TNRCC under law. "
ARTICLE 16. DISPUTE RESOLUTION
The dispute resolution process provided for in Chapter 2260 of the Texas Government Code and applicable rules of
the TNRCC must be used by the PERFORMING PARTY t~ attempt to ~esolve all disputes arising under this
Contract. "
\..
Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 11
Revised: November 24, 1997 - Printed: July 25, 2000
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FEDERAL CONDITIONS
CATEGORY I
ARTiCLE 1. FEDERAL REQUIREMENTS
This Contract i~ funded in part with federal grant money. The followi,ng conditions. apply to this Contract in addition
to all other contract terms. AU applicable requirements of TNRCC' s federal grants arid 40 CFR ~arts 30 through 35
are incorporated herein by reference (TNRCC will provide copies of applicable federal grants or regulatfons upon
request). The term "PERFORMING PARTY" as used in these Federal Conditions means either PERFORMING
PARTY or CONTRACTOR, as applicable.
ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS
A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which
rights are granted or assigned to TNRCC in this Contract are hereby also granted to, assigned to, or reserved by the
Federal Government To the extent consistent with the rights of third parties, the Federal Government shall also
have the right to sell any intellectual property right it reserves or acquires through this Contract.
ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT
The PERFORMING PARTY shall acknowledge the financial support of the TNRCC and the U.S. EP A whenever
work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports
and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use
within th~ TNRCC, shall carry the following notation on th~ front cover or ti~e page:
PREPARED IN COOPERATION WITH THE
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND
U.S. ENVIRONMENTAL PROTECTION AGENCY
The preparation of this report was financed through grants from the U.S. Environmental Protection Agency
through the Texas Natural Resource Conservation Commission.
If the funding source is a U.S. agency other than U.s. EPA, the name of the appropriate federal agency should be
substituted.
, ARTICLE 4. COST AND PRICE QF TInS CONTRACT
If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then
PERFORMING PARTY shall submit cost information sufficient for a cost analysis as required by 40 CPR ~ 3] .36.
This information must be submitted on forms provided by the TNRCC.
ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS
1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally
accepted accounting standards or principles and complies with 40 CFR ~31.20. This system shall provide for the
identification, accumulation, and segregation of allowable and unallowable project costs among projects.
2. PERFORMING PARTY shall have a property management system that complies with the standard of and
requirements in 40 CPR n 31.32 through 31.33.
ARTICLE 6. RECORD DOCUMENTS. DATA. RECORDS. ACCESS. AND AUDIT
The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned
to, or reserved by the TNRCC under this Contract.
ARTICLE 7. DEBARMENT
On or prior to the effective date of this Contract, PERFORMING PARTY ~ust submit a Certification Regarding
Debarment, Suspension, and Other Responsibility Matters. PERFORMING PARTY must also submit a '
Certification Regarding Debarment, Suspension, and Other Responsibility Matters / Lower Tier for each
subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the
TNRCC.
ARTICLE 8. MINORITY BUSINESS ENTERPRISES / WOMEN'S BUSINESS ENTERPRISES '(MBE/WBEs)
Agreement / InteragencylInterlocal/ Category I -- Standard Form -- pg 12
Revised: November 24. 1997 - Printed: July 25, 2000 '
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1. PERFORMING PARTY shall take steps to encourage participation by minority business enterprises ana women's
business enterprises in the performance of this Contract.
2. If the General Conditions of this Contract do not contain a requirement that PERFORMlNG PARTY submit
information regarding its subcontracts with Historically Underutilized Businesses (HUBs) as defined by Texas law,
then PERFORMlNG PARTY 'shall comply with the MBE/WBE req,uirements impos'ed on TNRCC in the federal
grant or grants funding this Contract, and submit information regarding its subcontracts with MBE/WBEs on forms
provided by the TNRCC. State agencies subject to State of Texas procurement law regarding HUBs need not submit
MBE/WBE subcontracting information to the TNRCC.
Agreement I InteragencylInterIocall Category 1.- Standard Form -- pg 13
Revised:' November 24, 1997 -- Printed: July 25. 2000
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FWS Agreement No: 1448-20181-00-G914
Charge Code: 21430-1000-o0-1124-0000-412A
Amount Obligated: $10,000.00
GRANT AGREEMENT
between
u.s. Fish and Wildlife Service, Region 2
500 Gold Avenue S.W., Suite #5108
Albuquerque, New Mexico 87102-3152
and
The City of La Porte
I. GRANT AGREEMENT RECIPIENT
The City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Recipient Class: Municioalitv
CFDA Number: 15.FFB
II. AUTHORITY
This agreement between the U.S. Department ofthe Interior, Fish and Wildlife Service (hereinafter
referred to as the "Service") and the City of La Porte (hereinafter referred to as the "City") is
hereby entered into under the authority of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j,
not including 742d-l; 70 Stat. 1119, as amended)].
III. PURPOSE
The purpose of the project is to construct a wave barrier along the shoreline of the Little Cedar
Bayou Nature Park to protect the integrity ofthe adjacent upland forest and park land. The project
will also provide an environment to restore additional intertidal emergent marsh along the
shoreline of Little Cedar Bayou.
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FWS Agreement No: 1448-20181-00-G914
IV. BACKGROUND
Little Cedar Bayou is a small tidal creek that empties into upper Galveston Bay and is subject to
erosion by wind driven waves and the wakes of ships utilizing the Houston Ship Channel. The
south shoreline of this bayou is eroding at a rate of approximately 2 feet per year with even
greater rates during extreme tide and heavy wave action caused by storms. The erosion is
causing the loss of mature hardwood trees in the City's Little Cedar Bayou Nature Park. The park
provides sanctuary for upland wildlife amidst a chiefly residential community. Additionally, the
woodlot in the Park provides stopover habitat for many migratory songbirds. The Park is utilized
by the public for birdwatching and fishing and nearby schools have used the area for educational
purposes. Previous attempts to stabilize the shoreline and establish intertidal marsh have failed
chiefly because they failed to adequately attenuate wave energy at the site. The City is proposing
to construct a breakwater, establish intertidal marsh and stabilize the shoreline to prevent further
loss of adjacent woodlot and improve fishery habitat at the site.
V. SCOPE
The City of La Porte is proposing to construct a wave energy barrier along the shoreline that would
stop the erosion, and prevent further loss of shoreline. The shoreline will be surveyed to meet
regulations enforced by the Texas General Land Office. After the survey is completed, and all
applicable permits have been obtained, work will commence on constructing the project. This
work will be performed by a local contractor and will done in a manner to minimize or avoid
impacts to the park lands. The project will involve the removal of debris and fallen trees from the
water and immediate shoreline, construction of a wave barrier, stabilization of adjacent bluff and
planting of Spartina alterniflora to create intertidal marsh. Specific plans of construction are
included in Attachment A.
A. The Service shall:
1. Provide funding in the amount of $10.000.00 for the coordination and implementation of
the project as described in Attachment A.
2. Provide technical assistance as needed for the successful completion of the project.
B. The City of La Porte shall:
1. ' Provide and acquire necessary surveys and permits for construction of the proposed
project.
2. Provide contract and construction oversight.
3. Execute and conduct the project as described in their proposal, Attachment A,
incorporated herein and made a part hereof.
C. Project performance will be measured by the successful stabilization of the shoreline through
construction of wave barrier and establishment of emergent vegetation and by a final report
submitted to the Service detailing effectiveness of shoreline protection and marsh restoration.
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FWS Agreement No: 1448-20181-00-G914
VI. PERIOD OF PERFORMANCE
The overall period of performance of this agreement is a period of two years beginning on the date
of last signature below.
VII. AWARD AMOUNT
Financial contribution by the Service to carry out this project is $10.000.00 for the period of
performance identified above.
VIII. PAYMENT PROVISIONS
A. Upon acceptance of the terms and conditions of this agreement, the recipient may submit
requests for payment, either an invoice or a Standard Form 270, Reauest for Advance or
Reimbursement, no more frequently than monthly. Electronic Fund Transfer (EFT) may be
used in lieu of SF-270 if available.
B. The original and two copies of each invoice/payment request shall be submitted to the
Service's Project Officer identified in Section X.A. of this agreement for review and approval
for disbursement. In accordance with U.S. Treasury regulations, payments will be made
within 30 calendar days after receipt and approval of a proper invoice. Payment of the final
invoice will be made available after the Service's Project Officer accepts the final
report/deliverable.
C. Should the recipient be unable to complete the provisions of this agreement, all monies
provided by the Service which prove to be cancelable obligations or unallowable in
accordance with applicable OMB Circulars (A-21 , Cost Principles for Educational Institutions;
A-87, Cost Principles for State and Local Governments; and A-122, Cost Principles for
Nonprofit Organizations), or the approved budget, shall be refunded to the Service.
D. This agreement is intended to support a particular project for a specific period of time. Any
portion of funds not expended at the completion of the period of performance of this
agreement shall be returned to the Service, along with any interest earned on that amount.
IX. ADMINISTRATIVE OFFICER
A. U.S. Fish and Wildlife Service
Reymundo F. Aragon, Contracting Officer
P.O. Box 1306 (CGS)
Albuquerque, New Mexico 87103-1306
B. The City of La Porte
Robert T. Herrera, City Manager
P.O. Box 1115
La Porte, Texas 77572-1115
Phone: (505) 248-6794
Fax: (505) 248-6791
Phone: (281) 471-5020
Fax: (281) 471-7168
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FWS Agreement No: 1448-20181-00-G914
X. PROJECT OFFICERS
A. U.S. Fish and Wildlife Service
John Huffman, Project Biologist
17629 EI Camino Real, Suite #211
Houston, Texas 77058-3051
Phone: (281) 286-8282
Fax: (281) 488-5882
B. The City of La Porte
Stephen F. Barr, Director
Parks & Recreation Department
1322 S. Broadway
La Porte, Texas 77572
Phone: (281) 470-7275
Fax: (281) 470-1361
XI. REPORTING and/or DELIVERY REQUIREMENTS
A. Within 90 days after the completion of this agreement, the City of La Porte shall forward to
the Service's Project Officer a final report summarizing all project accomplishments under this
award. One copy of the final report shall also be forwarded to the Service's Administrative
Officer.
B. Within 90 days after completion of this award the City of La Porte shall submit to the Service's
Administrative Officer a final Financial Status Report (Standard Form 269).
XII. TERMS AND CONDITIONS
A. Minoritv Business EntercriselWoman Business Entercrise (MBEIWBE) Recortina:
1. In accordance with OMB Circulars, Recipients are required to take specific affirmative
actions to ensure that minority business enterprises receive a fair share of subcontracts
which result from Federal funds. The Recipient of this Agreement must report all
subcontracting awards in excess of $10,000.00 which involve the procurement of
supplies, equipment, construction, or services executed under this Agreement.
2. The Recipient is required to submit a written report to the Service's Administrative Officer
(Identified in Section IX above) within one month following the end of each Federal fiscal
year quarter during which any procurement in excess of $10,000.00 is actually executed
under this assistance agreement. The report shall include the following: (a) FWS
Agreement Number; (b) number of subcontracting awards; (c) dollar amount awarded to
Minority Business Enterprises and/or Woman Business Enterprises; and (d) signature of
authorized Recipient representative.
3. MBE-WBE utilization is based on Executive Orders (EOs) 11625, 12138, and 1243, and
it is the policy of the Service to comply with the intent of the EOs, by enforcing the
requirement for recipients to submit this information to the Service, when applicable.
Procurement is defined as the acquisition through order, purchase, lease, or barter of
supplies, equipment, construction or services needed to accomplish Federal assistance
programs. A minority business enterprise is a business concern that is: (a) At least 51
percent owned by one or more minority individuals, or in the case of a publicly owned
business, at 51 percent of the stock is owned by one or more individuals; and (b) whose
daily business operations are managed and directed by one or more of the minority
owners. There is no standard definition of minority individuals used by all Federal
financial assistance agencies. However, recipients shall presume that minority individuals
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FWS Agreement No: 1448-20181-00-G914
include Black Americans, Hispanic Americans, Native Americans, Asian Pacific
Americans, or other groups whose members are found to be disadvantaged by the Small
Business Act or by the Secretary of Commerce under section 5 of Executive Order 11625.
A woman business enterprise is a business concern that is: (a) At least 51 percent owned
by one or more women, or, in the case of a publicly owned business, at least 51 percent
of the stock is owned by one or more women; and (b) whose daily business operations
are managed and directed by one or more of the women owners.
B. Applicable Administrative and Audit Reauirements:
1. The Code of Federal Regulations (CFR) applicable to State, Local or Indian Tribal
Government, 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles
for Assistance Programs, are applicable to this agreement and are incorporated by
reference with the same force and effect as if they were given in full text. Upon request,
the Service's Division of Contracting and General Services (505-248-6794) will make the
full text available.
2. Pursuant to Department of the Interior and Related Agencies Appropriations Act, 1995,
which change annually, please be advised ofthe following: In the case of any equipment
or product that may be authorized to be purchased with financial assistance provided
using funds made available in this Act, it is the sense of the Congress that entities
receiving the assistance should, in expending the assistance, purchase only American-
made equipment and products.
C. Certifications. The certifications applicable to Federal Grants and Cooperative Agreements
must be signed by an authorized representative of the recipient prior to award of this
agreement. Certifications applicable to this agreement are included as Attachment B.
D. Publications Produced. The U.S. Department of Interior (001) Manual, Part 505 requires that
two copies of each publicaticil produced under a grant or cooperative agreement be sent to
the 001, Natural 'Resources Library with a transmittal that identifies the sender and the
publication. If applicable, the City of La Porte Project Officer will provide the Service's Project
Officer three copies of the publication. The Service's Project Officer will retain one copy and
forward two copies to the Natural Resources Library.
XIII. MODIFICATION
Amendments or renewals may be proposed at any time during the period of performance by either
party and shall become effective upon approval by both parties. This Grant Agreement, unless
otherwise amended or renewed, is scheduled for completion on two years beginning on the date
of last signature below. No change to this agreement shall be binding upon the Service or
Recipient unless and until reduced to writing and signed by both parties.
XIV. TERMINATION PROVISIONS:
This agreement may be terminated by either party upon 30 days' advance written notice to the
other party(ies). If the Cooperator terminates the agreement prior to expiration of its term, the
Cooperator wiil reimburse the Service for any costs plus interest on any reimbursement made
herein.
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FWS Agreement'No: 1448-20181-00-G914
xv. SPECIAL PROVISIONS
A. The results of any studies or investigations accomplished under this agreement may be
published jointly by the parties or by either party separately. Appropriate credits to the Service
shall be included in any formally published article providing the Service does not otherwise
deem it appropriate to issue a disclaimer. Authorship shall not incur any privileges of
copyright or restriction on distribution.
B. Any research data collected under this agreement shall be jointly owned by the parties to this
agreement. Both parties shall have complete and unlimited access to all such data.
C. News releases and other publicity issued by either party concerning this agreement will give
due credit to cooperators to this agreement and is subject to approval prior to release by the
Service's Regional Public Affairs Office.
D. No member of, or delegate to, Congress or resident commissioner, shall be admitted to any
share or part of this agreement; or to any benefit that may rise therefrom. This provision shall
not be construed to extend to this agreement if made with a corporation for its general
benefits.
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FWS Agreement No: 1448-20181-00-G914
IN WITNESS WHEREOF, the parties hereto have caused this Grant Agreement to be executed as of the
date of last signature below.
u.s. FISH & WILDLIFE SERVICE,
REGION 2
CITY OF LA PORTE
~
~~~~
-Q~ T ~~
(Signature)
Reymundo F. Aragon, Warrant #29031
Chief, Contracting & General Services
(Printed Name and Title)
KoBer, rf", H.e.((e fa.. ,e;..,,-; MA1JA-9lr
(Printed Name and Title)
r1'2 c(Cb
~NJOD
(Oat '
(Date)
A~ED AS T~ FORM:/!
~zJ~
Knox W. Askins, City Attorney
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ATTACHMENT--L
Page 1 of2
(Rev. 8/95)
u.s. DEPARTMENT OF THE INTERIOR
CERTlFlCA nONS FOR FEDERAL ASSISTANCE
PART A:. Certifications ReaardlnG Debarment. Suspension and Other Responsibility Matters - Primary Covered Transactions. Applies to all grantees and
, cooperators. '
This certification is required by the regulations implementing executive Order 12549, Debarment and Suspension, 43 CFR Part 12, Section 12.510,
Participants' responsibilities. The regulations were published as Part VII of the May 25, 1988 Federal Realster (pages 19160-19211). For further assistance In
obtaining a copy of the regulations, contad the ~uing ofIIce.
. (a)The prospective primary participant certifies to the best of its knowledge and belief, that It and its principals: (1) are not presently debarred, suspended
proposed for debarment, declared Ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) have not within a 3- '
year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federel, State or local) transaction or contrad under a public transaction; violation of
Federal or State antitrust statues or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property; (3) are not presently Indicted for or otherwise criminally or civilly charged by a govemment entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) have not within a 3-year period preceding this
application/proposal had one or more publiC transactions (Federal, State or local) terminated for cause or default
(b) Where the prospective primary participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an
explanation to this proposal.
The prospective primary participant further agrees by submitting this proposal that it will include the following clause, without modification, in ail lower tier
covered transactions and In all solicitations for lower tier covered transactions (see Appendix A of Subpart 0 of 43 CFR Part 12):
PART B: Certification ReGardinG Debarment. SUSDenslon. Inellar"ility and Voluntary exclusion - Lower Tier Covered Transactions.
(a) The prospective lower tie participant certifies, by submission of this proposal, that neither it nor its principals fs presently debarred, suspended,
proposed far debarment, declared Ineligible, or voluntarily excluded from participation In this transaction by any Federal department or agency.
(b) Where the prospective lower tier participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an
explanation to this proposal.
PART C: Certification Reoardino CruD-Free WorkDlace. Alternate I. Applies to grantees other that Ind~lduals.
This certification is required by the regulations Implementing the drug-free workplace requirements for Federal grant recipients under the Dru~ee Workplace
Act of 1988 (43 CFR Part 12, SUbpart D). A copy of the regulation is available from ,the issuing office.
A The grantee certifies that it will or continue to provide a dRlg-free workplace by:
(a) PUblishing a statement notifying employees that the unlawful manufacture, dlstnbutlon, dispensing, possession, or use of a controlled substance is ,
prahibited In the grantee's workplace and specifying the actions that will be taken against employees for ylolatlon of such prahlbitlon: .
',(b) establishing an on-golng drug-fee awareness program to Inform employees about (1) the dangers of drug abuse in the workplace; (2) the grantee's
policy of maintaining a dRlg-free workplace; (3) any available dRlg counseling, rehabilitation, and employee assistance programs, and (4) the penalties that may
be imposed upon employee for drug abuse violations occurring In the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee In the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) abide by
the terms of the statement; and (2) notify the employer in writing of his or her conviction for a violation of a criminal drug stetute occurring in the workplace no
later that five calendar days after such conviction;
(e) Notifying the agency, In writing, within ten calendar days after receiving notice under subparagraph (d)(2) from aq. employee or otherwise receiving
actual notice of such conviction. Employers of convicted employees must provide notice, Including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal agencY has designated a Central point for the receipt of such notices. Notice shall
Include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice undetsubparagraph (d)(2), with rasped to any employee who is so
convided: (1) taking appropriate personnel action against such an employee, up to and including terminatlon,'consistentwith the requirements of the
Re~abllitatlon Ad of 1973, as amended; or (2) requiring such employee to participate satisfactorily In a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
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U.s. DEPARTMENT OF THE INTERIOR CERTIFICAnONS, continued
Page 2. of 2.
(Rev. 8/95)
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragrap~s (a), (b), (c), (d), (e) and (t).
B. The grantee may insert in the space provided below the site(s) far the performance of work done in connection with the specific grant;
Place for Performance (Street address, city, county, state, zip code)
Checlc _ If there are workplaces on file that are not Identlfled here.
PART 0: Certification Reaardlna Orua-Free WorkDlace. A1temate II. Applies to grantees who are Individuals.
this certification Is required by the regulations Implementing the drug-free workplace reqUirements for Federal grant recipients under the Orug-Free Workplace
Ad. of 1988 (43 CFR Part 12, Subpart 0).. A copy of the regulation Is available from the .Issulng office.
(a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufad.ure, distribution, dispensing, possession, or
use of a controlled substance In cond~ctIng any activity with the grant;
(b) If convicted of a criminal drug offense resulting from a violation occurring during the condud. of any grant activity, he or she will report the conviction,
in writing, within 10 calendar days of the convidlon, to the grant officer or other designee, unless the Federal agency designates a central point far the receipt of
such notices. When notice is made to such a central point, it shall include the Identification number(s) of each affected ~ranl .
PART E: Certlflcatlon Reoardina Lobbvlno - Certification far Contracts. Grants. Loans. and CooDeratlve Aoreements. Applies to recipients of awards
exceeding $100,000. '
This certification Is required by Section 1352, title 31, U.S. Code, entitled "Limitation on use of appropriated funds to Influence certain Federal contracting and
financial transactions..
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person far Influencing or attempting to
Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of'any Federal loan, the entering into of any cooperative
agreement, and the extenslonl continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement
(2) If any funds other than Federal appropriated funds have been paid or wUl be paid to any person far Influencing or attempting to Influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-Lll, "Disclosure Form to Report Lobbying,. in
accordance with its instructions. .
(3) The undersigned shall require that the language of thle (;8rtif1cat1on be included in the award documents for all subawards to all tiers (Including
subcontracts, subgrants, and contrads under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly.
This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this
certification Is a prerequisite far making or entering into this transaction imposed by Section 1352, t1Ue 31 U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less that $10,000 and not more that $100,000 for each such failure.
As the authorized certifying official, I hereby certify that the above specified certifications are true.
':.r~~
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Signature
JOl6eri (.
Typed name and Title
fl-e ('( (1 ,cry MmJ~./
City of La Porte
Applicant/Recipient