Ordinance No. 16,252 ORDINANCE NO. 16,252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
RECREATION GRANTS FEDERAL SUB-AWARD AGREEMENT WITH TEXAS
PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF ONE-HUNDRED,
THIRTY-TWO, THOUSAND, FIVE-HUNDRED DOLLARS ($132,500.00) FOR THE
TOMPKINS ROAD PARK PROJECT AND SUPERSEDING THE ORIGINAL
AGREEMENT EXECUTED ON SEPTEMBER 21, 2023; AUTHORIZING THE CITY
OF BAYTOWN TO PAY ITS SUB-RECIPIENT COST-SHARE IN AN AMOUNT NOT
TO EXCEED ONE-HUNDRED, THIRTY-TWO, THOUSAND, FIVE-HUNDRED
DOLLARS ($132,500.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute a Recreation Grants Federal Sub-Award Agreement with Texas Parks and
Wildlife Department in the amount of ONE-HUNDRED, THIRTY-TWO, THOUSAND, FIVE-
HUNDRED DOLLARS ($132,500.00) for the Tompkins Road Park Project and superseding the original
agreement executed on September 21, 2023. A copy of the agreement is attached hereto, marked Exhibit
"A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes the City to pay its sub-
recipient cost-share an amount not to exceed ONE-HUNDRED, THIRTY-TWO, THOUSAND, FIVE-
HUNDRED DOLLARS ($132,500.00).
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00)or less,provided that
the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City uncil of the City of
Baytown this the 25th day of September,2025.
C ES JO N, Mayor
AT T:
ANGELA Cli ON, City Clerk`
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APPROVED A TO ORM: ',``y'
SCOTT LEM D, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2025-09-25\Ord-TPWD-Tompkins-SL.docx
EXHIBIT "A"
' TEXAS PARKS AND WILDLIFE
Recreation Grants
FEDERAL SUB-AWARD
Department Contract Number: CA-0005749
Grant Project Number: 48-01240
Sub-Recipient Name (Must match UEI): City of Baytown
Sub-Recipient Unique Entity Identifier: V9TGZVJKSP95
Project Name: Tompkins Road Park Project
Federal Award Identification Number (FAIN): P23AP01698
Assistance Listings Number and Title: 15.916
Award Date:
Period of Performance: 12/09/2020 - 12/09/2025
Federal Award: $132,500.00
Sub-Recipient Cost Share: $132,500.00
Total Project Cost: $265,000.00
SECTION 1 - PROJECT DESCRIPTION AND LOCATION
This sub-award is entered into by the Texas Parks and Wildlife Department(Department), and the City
of Baytown (Sub-Recipient). This sub-award is funded through National Parks Service issued to the
Department on 07/09/2025
The scope of this Grant Agreement includes:
This agreement supersedes the original agreement executed on 9.21.2023.
The city of Baytown will acquire approximately 5.25 acres of land at 4000 Tompkins Road to be used for the
establishment of a new park to be called Tompkins Road Park. Budget is amended to include Environmental
Site Assessment II.
Tompkins Road Park is located at 4000 Tompkins Drive, Baytown, Texas.
Build America, Buy America: As required by Section 70914 of the Bipartisan Infrastructure Law (also known
as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds
under a federal award that is part of Federal financial assistance program for infrastructure may be obligated
for a project unless all of the iron, steel, manufactured products, and construction materials used in the project
are produced in the United States, unless subject to an approved waiver. The requirements of this section
must be included in all sub-awards, including all contracts and purchase orders for work or products under this
program. The attached Federal Agreement can be referenced for additional information.
This sub-award is not for research and development.
SECTION 2 - SPECIFIC CONDITIONS
N/A
SECTION 3 - PRE-AWARD INCURRENCE OF COSTS
City of Baytown-Tompkins Road Park Project 1
N/A
SECTION 4 -APPROVED INDIRECT COST RATE
N/A
SECTION 5 - KEY OFFICIALS
Key officials are essential to ensure maximum coordination and communications between the parties
and the work being performed. They are:
FOR TEXAS PARKS AND WILDLIFE DEPARTMENT:
Dana Lagarde
Director of Recreation Grants
4200 Smith School Road
Austin, Texas 78744
Grant Manager:
Dan Reece
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
dan.reece(�tpwd.texas.gov
Grant Coordinator:
Kara Escajeda
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512) 389-8224
kara.escaieda(a�tpwd.texas.gov
Audit Team Lead:
Marcy Cavazos Colunga
Recreation Grants Branch
4200 Smith School Road
Austin, Texas 78744
(512)389-8116
Marcy.CavazosColunga@tpwd.texas.gov
FOR GRANT SUB-RECIPIENT: The Sub-Recipient must request prior written approval from the
Department for a change in key personnel identified below.
Official Point of Contact
Jason Reynolds
City Manager
2407Market Street
Baytown, Texas, 77520
(281) 420-6593
jason.reynolds(c�baytown.orq
City of Baytown-Tompkins Road Park Project 2
Project Coordinator
Cornell Gordon
Park Planning Superintendent
2401 Market Street
Baytown, Texas, 77520
(281) 420-6690
cornell.gordon(cr�baytown.org
Fiscal Contact
Leasa Lopez
Grant Coordinator
2401 Market Street
Baytown, Texas, 77520
(281) 420-6509
leasa.lopez@baytown.orq
SECTION 6 — STANDARD FINANCIAL MANAGEMENT CONDITIONS
The term "financial management conditions" refers to generally applicable policies and procedures for the
accounting, reporting, and management of grant funds. Failure to follow a state or federal law applicable to
the disbursement of grant funds may subject the Sub-Recipient to statutory, common law, and contractual
remedies that may include administrative action, suspension of grant payments, termination, and in-eligibility
for future grants.
The sub-recipient's financial management system must provide for the following:
(1) Identification of all Federal awards received and expended and the Federal programs under which they
were received. Federal program and Federal award identification must include, as applicable, the Assistance
Listings title and number, Federal award identification number, year the Federal award was issued, and name
of the Federal agency or pass-through entity.
(2) Accurate, current, and complete disclosure of the financial results of each Federal award or program in
accordance with the reporting requirements in 2 CFR 200.328 and 200.329. When a Federal agency or pass-
through entity requires reporting on an accrual basis from a subrecipient that maintains its records other than
on an accrual basis, the subrecipient is not required to establish an accrual accounting system. This
subrecipient may develop accrual data for its reports based on an analysis of the documentation on hand.
(3) Maintaining records that sufficiently identify the amount, source, and expenditure of Federal funds for
Federal awards. These records must contain information necessary to identify Federal awards,
authorizations, financial obligations, unobligated balances, as well as assets, expenditures, income, and
interest. All records must be supported by source documentation.
(4) Effective control over and accountability for all funds, property, and assets. The subrecipient must
safeguard all assets and ensure they are used solely for authorized purposes. See 2 CFR 200.303.
(5) Comparison of expenditures with budget amounts for each Federal award.
(6) Written procedures to implement the requirements of 2 CFR 200.305.
(7) Written procedures for determining the allowability of costs in accordance with 2 CFR 200 Subpart E and
the terms and conditions of the Federal award.
SECTION 7 -AWARD AND PAYMENT
A. The Department will provide funding to the Sub-Recipient in an amount not to exceed $132,500.00 for
the project described under Section 1-Project Description and Location and in accordance with the
Department-approved Budget Summary attached.
B. The Sub-Recipient shall obtain prior approval from the Department for budget and program revisions
City of Baytown-Tompkins Road Park Project 3
and shall request payment via the Department's Recreation Grants Online Grant Management
System.
C. Expenses charged against awards under the Sub-award may not be incurred prior to the beginning of
the Sub-award, except as provided for 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 Sub-Recipient 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.
E. The Sub-Recipient must meet their cost share commitment over the life of the award. At least 50.00%
non-federal cost-share is required for costs incurred under this Sub-award.
F. Reimbursement will be the default method of payment.
G. Any funds paid to the Sub-Recipient exceeding the amount that the Sub-Recipient is determined to be
entitled to under the award constitutes a debt to the State of Texas and must be returned.
H. Payments made for costs determined to be unallowable by the Department must be refunded to the
Department.
SECTION 8- PERFORMANCE REPORTING
The Sub-Recipient must submit quarterly performance reports through the Recreation Grants Online System
within 30 calendar days after the reporting period. Sub-Recipient must submit the final performance report 90
calendar days after the conclusion of the period of performance. The Department may extend the due date for
any performance report with justification from the Sub-Recipient.
When a significant development that could impact the Sub-award occurs between performance reporting due
dates, the Sub-Recipient must notify the Department. When significant developments occur that negatively
impact the Sub-award, the Sub-Recipient must include information on its plan for corrective action and any
assistance needed to resolve the situation.
SECTION 9- DEVIATIONS AND MODIFICATIONS
The Sub-Recipient is required to report deviations from the approved budget, project or program scope, or
objective, and request prior approval from the Department for budget and program plan revisions, in
accordance with 2 CFR 200.308 Revision of Budget and Program Plans.
This Sub-award 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 Sub-Recipient.
City of Baytown-Tompkins Road Park Project 4
SECTION 10- REMEDIES FOR NON-COMPLIANCE
The Department may implement specific conditions if the Sub-Recipient fails to comply with the U.S.
Constitution, Federal and State statutes, regulations or the terms and conditions of the award.
If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the
Department may take one or more of the following actions, as appropriate in the circumstances:
(1) Temporarily withhold payments until the Sub-Recipient takes corrective action;
(2) Disallow costs for all or part of the activity associated with the noncompliance of the Sub-Recipient;
(3) Suspend or terminate the award in part or in its entirety;
(4) Recommend suspension or debarment proceedings be initiated by the Federal agency.
(4) Withhold further funds (new awards or continuation funding) for the project or program; and
(5) Pursue other legally available remedies.
SECTION 11 -TERMINATION
The award may be terminated in part or in its entirety as follows:
(1) By the Department if the Sub-Recipient fails to comply with the terms and conditions of the Sub-award.
(2) By the Department with the consent of the Sub-Recipient, in which case the two parties must agree
upon the termination conditions. These conditions include the effective date and, in the case of partial
termination, the portion to be terminated.
(3) By the Sub-Recipient upon sending the Department a written notification of the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if
the Department determines that the remaining portion of the award will not accomplish the purposes for which
the award was made, the Department may terminate the award in its entirety.
(4) By the Department pursuant to the terms and conditions of the award, including, to the extent authorized
by law, if an award no longer effectuates the program goals or agency priorities.
When the award is terminated in part or its entirety, the Department and the Sub-Recipient remain responsible
for compliance with the requirements in 2 CFR 200.344 and 200.345.
Notification of Termination Requirement
The Department must provide written notice of termination to the Sub-Recipient unless the award is being
terminated by the Sub-Recipient. If the Sub-Recipient initiates the termination of the award, then the Sub-
Recipient must provide written notice of the termination to the Department. The written notice of termination
should include the reasons for termination, the effective date, and the portion of the award to be terminated, if
applicable.
Opportunities to Object, Hearings, and Appeals
Upon initiating a remedy for noncompliance, the Department must provide the Sub-Recipient with an
opportunity to object and provide information challenging the action. The Department will comply with any
requirements for hearings, appeals, or other administrative proceedings to which the Sub-Recipient is entitled
under any statute or rule applicable to the action.
Effects of Suspension and Termination
Costs to the Sub-Recipient resulting from obligations incurred by the Sub-Recipient during a suspension or
after the termination of the award are not allowable unless the Department expressly authorizes them in the
notice of suspension or termination or subsequently. However, costs during suspension or after termination
are allowable if:
(1) the costs result from obligations that were properly incurred by the Sub-Recipient before the effective date
of suspension or termination, and not in anticipation of it; and
(2) the costs would be allowable if the award was not suspended or expired normally at the end of the period
of performance in which the termination takes effect.
City of Baytown-Tompkins Road Park Project 5
SECTION 12 -CLOSEOUT
The Department will close out the grant award when it determines that all applicable administrative actions
and all required work of the grant have been completed by the Sub-Recipient. The Sub-Recipient must submit
all financial, performance, and other reports as required by the terms and conditions of the grant award. The
Sub-Recipient must promptly refund any balances of unobligated cash that Department paid in advance or
paid and that is not authorized to be retained by the Sub-Recipient for use in other projects. Liquidation of all
costs must occur within 90 days of performance period end date. When justified, the Department may
approve extensions for the Sub-recipient.
SECTION 13 - RECORDS RETENTION AND ACCESS
The Sub-Recipient must maintain and retain records until the third anniversary of the later date of(1) the grant
completion or expiration or (2) the resolution of all issues that arose from any litigation, claim, negotiation,
audit, open records request, administrative review, or other action involving the grant or documents. Records
to be retained include but are not limited to financial records, supporting documentation, and statistical
records.
The Federal Agency, Department, the State Auditor's Office, or any of their authorized representatives, must
have the right to access any documents, papers, financial statements, or other records of the Sub-Recipient
pertinent to the Sub-award, to perform audits, execute site visits, or for any other official use. This right also
includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interviewing and
having a discussion related to such documents or the Sub-award in general. This right of access is not limited
to the required retention period but lasts as long as the records are retained.
SECTION 14 -TERMS OF ACCEPTANCE
By accepting funds under this grant, the Sub-Recipient agrees to comply with the terms and conditions of this
Sub-award, the Program Guidance, and 2 CFR 200. Sub-Recipient also agrees to comply with assurances
and certifications made in its approved grant application, and applicable federal statutes, regulations and
guidelines. Sub-Recipient agrees to fulfill the grant in accordance with the approved grant application,
budgets, supporting documents, and all other representations made in support of the approved grant
application.
Any change in local, state, and federal rules, regulations, or laws applicable to the Program that occurs during
the term of the Sub-award shall be automatically incorporated into the Sub-award without written amendment
and shall become a part of the Agreement as of the effective date of the rule, regulation, or law.
Signature Authority
The person or persons signing this Sub-award on behalf of the Sub-Recipient hereby warrant and guarantee
that they are duly authorized by the Sub-Recipient to execute this Sub-award on behalf of the Sub-Recipient
and to validly and legally bind the Sub-Recipient to all the terms of this agreement.
Entire Agreement; Modifications Must Be in Writing
This Sub-award 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 Sub-award 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.
City of Baytown-Tompkins Road Park Project 6
SECTION 15 —ATTACHMENTS INCORPORATED BY REFERENCE
The following completed documents are attached to and made part of this Agreement:
Notice of Federal Award Amendment#1
Budget Summary Amendment
SECTION 16 — SIGNATURES
The signed Sub-award must be submitted to Recreation Grants Online within 15 days of the Sub-Recipient's
date of signature. If not returned within 120 days of the Date of Issuance, this Sub-award is null and void.
IN WITNESS WHEREOF, the parties hereto have executed this Sub-award on the date(s) set forth below.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Signature: Dan Reece
Name and Title: Dan Reece Grant Manager
Date of Issuance: 07/23/2025
SAM Number, Date, Initials: 07/23/2025 / D.R.
SUB RECIPIENT NAME:
Name and Title:
Email:
Phone:
Date:
City of Baytown-Tompkins Road Park Project 7
1.DATE ISSUED MM/DD/YYYY la.SUPERSEDES AWARD NOTICE dated 09/20/2023
07/09/2025 except that any additions or restrictions previously imposed NOTICE OF AWARD
remain in effect unless specifically rescinded
E,iJT OF
2.ASSISTANCE LISTING NUMBER Q-(ts TjY
O4Q 15.916-Outdoor Recreation Acquisition,Development and Planning P` �,ir�r"� 2 n
s r
3.ASSISTANCE TYPE Project Grant fn p
4.GRANT NO.P23AP01698-01 5. TYPE OF AWARD
Originating MCA# Other • ,
4a.FAIN P23AP01698 5a.ACTION TYPE Post Award Amendment 49 Q9
6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY ARCH 3,\''
From 12/09/2020 Through 12/09/2025 AUTHORIZATION(Legislation/Regulations)
7.BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY 54 U.S.C.§200305 Land and Water Conservation Fund,Assistance to
From 12/09/2020 Through 12/09/2025 States
8.TITLE OF PROJECT(OR PROGRAM)
48-01240 Tompkins Road Park
9a.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR
DAN REECE
TEXAS PARKS AND WILDLIFE DEPARTMENT 4200 Smith School Rd.
4200 Smith School Rd
Austin,TX,78744-3218 Austin,TX,78744-3218
Phone:5123894656
10a.GRANTEE AUTHORIZING OFFICIAL 10b.FEDERAL PROJECT OFFICER
DAN REECE Ms.Sarah Stannard
4200 Smith School Rd 601 Riverfront Drive
Austin,TX,78744-3218 Interior Regions 3,4,5
Phone:5123894656 Omaha,NE,68106
Phone:402-661-1934
ALL AMOUNTS ARE SHOWN IN USD
11.APPROVED BUDGET(Excludes Direct Assistance) 12.AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a.Amount of Federal Financial Assistance(from item 11m) $ 132,500.00
II Total project costs including grant funds and all other financial participation II b.Less Unobligated Balance From Prior Budget Periods $ 0.00
a. Salaries and Wages $ 0.00 c.Less Cumulative Prior Award(s)This Budget Period $ 132,500.00
d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION $ 0.00
b. Fringe Benefits $ 0.00
13.Total Federal Funds Awarded to Date for Project Period $ 132,500.00
c. Total Personnel Costs $ 0.00 14.RECOMMENDED FUTURE SUPPORT
d. Equipment $
0.00 (Subject to the availability of funds and satisfactory progress of the project):
e. Supplies $ 0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
a. 2 $ d. 5 $
f. Travel $ 0.00 b. 3 $ e. 6 $
g. Construction $ 0.00 c. 4 $ f. 7 $
h. Other $ 265,000.00 15.PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ALTERNATIVES:
I. Contractual $ 0.00 a. DEDUCTION
b. ADDITIONAL COSTS e
c. MATCHING
j. TOTAL DIRECT COSTS $ 265,000.00 d. OTHER RESEARCH(Add I Deduct Option)
e. OTHER(See REMARKS)
k. INDIRECT COSTS $ 0.00
16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY,THE FEDERAL AWARDING AGENCY
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
I. TOTAL APPROVED BUDGET $ 265,000.00 OR BY REFERENCE IN THE FOLLOWING:
a. The grant program legislation
b. The grant program regulations.
c. This award notice including teens and conditions.if any,noted below under REMARKS.
m• Federal Share $ 132,500.00 d. Federal administrative requirements,cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall
n. Non-Federal Share $ 132,500.00 prevail.Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained front the grant payment system.
REMARKS (Other Terms and Conditions Attached- O Yes O No)
See next page
GRANTS MANAGEMENT OFFICIAL:
David Welsh,N/A
1849 C St NW
Main Interior Building National Park Service
Washington,DC,20240-0001
Phone:111-11-1111
17. VENDOR CODE 0070050488 18a.UEI EVA9NVGH2K85 18b.DUNS 806782256 19.CONG.DIST. 35
UNE# FINANCIAL ACCT ANT OF FIN ASST START DATE END DATE TAS ACCT PO LINE DESCRIPTION
1 0051040570-00010 $0.00 12/09/2020 12/09/2025 5035 21GW ACQ APPROX 5.25 ACRES TO DEV PARK
•
PAGE 2 of 3 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 07/09/2025
GRANT NO. P23AP01698-01
REMARKS:
The purpose of this modification/amendment is to modify ARTICLE IV STATEMENT OF WORK and adjust the approved project budget.This is required because
this project was originally a combination grant for development and acquisition.However,the project was split into two projects:one for acquisition and one for
development due to an expired waiver of retroactivity.The cost of the environmental site assessment was not captured in either projects budget.It has always been
the states intention to conduct the ESA in conjunction with the acquisition of this parcel.
The following is modified:The Texas Parks and Wildlife Department will subgrant the LWCF award to the city of Baytown to acquire approximately 5.25 acres of land
at 4000 Tompkins Road to be used for the establishment of a new park to be called Tompkins Road Park.
Is modified to:The Texas Parks and Wildlife Department will subgrant the LWCF award to the city of Baytown to acquire 5.016 acres of land at 4000 Tompkins Road
to be used for the establishment of a new park to be called Tompkins Road Park.
All other terms and conditions remain unchanged.
2
PAGE 3 of 3 DATE ISSUED
NOTICE OF AWARD (Continuation Sheet) 07/09/2025
GRANT NO. P23AP01698-01
Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
10/01/2022 ,09/30/2023 Annual 12/29/2023
10/01/2023 09/30/2024 Annual 12/29/2024
10/01/2024 09/30/2025 Annual 12/29/2025
10/01/2025 12/09/2025 Final 04/08/2026
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
10/01/2022 09/30/2023 Annual 12/29/2023
10/01/2023 09/30/2024 Annual 12/29/2024
10/01/2024 09/30/2025 Annual 12/29/2025
10/01/2025 12/09/2025 Final 04/08/2026
3
AWARD ATTACHMENTS
TEXAS PARKS AND WILDLIFE DEPARTMENT P23AP01698-01
1. Modification Agreement
2. Environmental Document
3. Budget
Grant Agreement P23AP01698
Page 1 of 1
Modification/Amendment Number 01 to
Grant Agreement P23AP01698
Between
THE UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
AND
TEXAS PARKS AND WILDLIFE DEPARTMENT
GENERAL
The purpose of this modification/amendment is to modify ARTICLE IV—STATEMENT OF
WORK and adjust the approved project budget. This is required because this project was
originally a combination grant for development and acquisition. However, the project was split
into two projects; one for acquisition and one for development due to an expired waiver of
retroactivity. The cost of the environmental site assessment was not captured in either project's
budget. It has always been the state's intention to conduct the ESA in conjunction with the
acquisition of this parcel.
MODIFICATION
1. ARTICLE IV— STATEMENT OF WORK. The following is modified:
The Texas Parks and Wildlife Department will subgrant the LWCF award to the city of Baytown
to acquire approximately 5.25 acres of land at 4000 Tompkins Road to be used for the
establishment of a new park to be called Tompkins Road Park.
Is modified to:
The Texas Parks and Wildlife Department will subgrant the LWCF award to the city of Baytown
to acquire 5.016 acres of land at 4000 Tompkins Road to be used for the establishment of a new
park to be called Tompkins Road Park.
2. All other terms and conditions remain unchanged.
FAOD-1443-008-2023-01
National Park Service National Park Service-Washington Office
"""°" U.S. Department of the Interior Date: 06/06/2025
SERVICE
Categorical Exclusion Documentation Form (CE Form)
Project:LWCF Programmatic CE for Routine Administrative Actions
PEPC Project Number: 130716
Description of Action(Project Description):
The purpose of this Programmatic Categorical Exclusion is to provide a streamlined environmental compliance
review process for NPS LWCF NEPA actions.The actions covered under this programmatic CE are,approving
grant agreement modifications or amendments that are administrative in nature.
Such actions require the NPS LWCF Program to formally approve and modify and executed grant agreement
between the NPS LWCF Program and a State Partner agency.The actions that this programmatic CE may be used
for are:
• Amendments to grant agreement which are administrative in nature and do not involve additional ground
disturbance.
Sponsorship change
• Park name change
• Expiring lease
• Significant change in use
Such amendments must also be consistent with LWCF laws,regulations and policies.
Actions that fall within this programmatic CE comply with the National Environmental Policy Act(NEPA)
including NPS implementing procedures in Director's Order#12 and the 2015 NPS NEPA Handbook.
Actions that fall within this PCE are consistent with NPS Director's Order#12 and the 2015 NPS NEPA
Handbook,Section 3.3,Categorical Exclusions A.1.
This CE applies to the actions stated above and only those actions.Significant changes in the scope of work that
require new and additional ground disturbance not initially reviewed under NEPA or S106 and other applicable
laws and regulations would trigger consultation and supplemental environmental compliance reviews.This PCE
and its conditions apply to approving grant agreement modifications or amendments that are administrative in
nature.The PCE is not intended to cover actions involving extensive additional ground disturbance.
The application of this programmatic CE will be reviewed annually.The projects covered under this
programmatic CE will be implemented in FY2025 through FY2026.
Project Locations: USA
There are no required mitigations identified
CE Citation:NPS NEPA Handbook,Section 3.3,Categorical Exclusions A.1.Actions Related to General
Administration. 1. Changes or amendments to an approved action when such changes would cause no or only minimal
environmental impact.
CE Justification:
Decision: I find that the action fits within the categorical exclusion above.Therefore, I am categorically
excluding the described project from further NEPA analysis. No extraordinary circumstances apply.
Executive Order 14154, Unleashing American Energy(Jan.20,2025),and a Presidential Memorandum,Ending
Illegal Discrimination and Restoring Merit-Based Opportunity(Jan.21,2025),require the Department to strictly
adhere to the National Environmental Policy Act(NEPA),42 U.S.C.55 4321 et seq.Further,such Order and
Memorandum repeal Executive Orders 12898(Feb. 11, 1994)and 14096(Apr.21,2023).Because Executive Orders
12898 and 14096 have been repealed,complying with such Orders is a legal impossibility. The NPS verifies that it has
complied with the requirements of NEPA,including the Departments regulations and procedures implementing NEPA
at 43 C.F.R.Part 46 and Part 516 of the Departmental Manual,consistent with the President's January 2025 Order
and Memorandum
Signature Digitally signed by Missy
Missy Morrison Morrison
Program Date:2025.06.06 15:19:14-04'00'
Manager Date:
Extraordinary Circumstances:
If implemented,would the proposal...Yes/No Explanation
No Extraordinary Circumstances Found
BUDGET SUMMARY
PROJECT: City of Baytown
PROJECT NUMBER: 48-01240.1
ESTIMATE
1. PROFESSIONAL SERVICES
1. Professional Services $ 38,158.00
Environmental Site Assessment II
Limited to 12%of Construction Elements
Pre-Award Date: 12/09/2020
2. CONSTRUCTION ELEMENTS
Construction Cost $ 0.00
Less Retainage $ 0.00
TOTAL CONSTRUCTION $ 0.00
3. LAND ACQUISITION
$ 226,842.00
$ 226,842.00
TOTAL PROJECT COST $ 265,000.00
MATCH: $132,500.00
(04/2010)