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Ordinance No. 2,2317542 ORDINANCE NO. 2231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE AN AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR CONSTRUCTION OF PHASE II IMPROVEMENTS AT THE BAYTOWN SPORTS COMPLEX AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 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 of the City of Baytown to execute an agreement with the Texas Parks and Wildlife Department for construction of Phase II improvements at the Baytown Sports Complex. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That this ordinance shall take effect 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 Council of the City of Baytown this 12th day of May , 1977. TOM GENTRY, Mayor ATTEST:- EILEEN P. HALL, City Clerk APPROVED: - - "O-'�- 11e., 9, NEEL NOW RrCHA01HISON, City Attorney si •j f CF .,_.•.��-.. �J. � y.-•��`_�_ •- _-,f� -. i. I; -� ori-� - t_'___���%fl nlltllllll, 7543 EXHIBIT "A" 7544 UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Outdoor Recreation Land and Water Conservation Fund Project Agreement State Texas Project Title Baytown Sports Complex Project Number Project Period Date of approval to 1/1/80 Project Scope (Description of Project) The City of Baytown will develop the Baytown Sports Complex to include required utilities, roads and parking, maintenance/service building, restroom/scorekeeper building, lighted softball fields, lighted tennis courts, play slab and play area, walkways, contingencies and sign. The Baytown Sports Complex is located adjacent to Lynchberg-Cedar Bayou between East Road and North Main. Preagreement costs incurred from 8/1/76 to date of project approval in amount not to exceed $1,500 shall be allowable under this agreement. Project Stage Covered by this Agreement Entire Project Project Cost Total Cost Fund Support Fund Amount Cost of this Stage Assistance the Stage BOR 6-92 (tar. April 1974) $216,772 50 108,386 $ 216,772 $ 108,386 The following attachments are hereby incorporated into this agreement: i. 0eneral Provisions Decer� it 106: 2. P:oje; 3. 4. 7545 LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT General Provisions A. Definitions 1. The term "BOR" as used herein means the Bureau of Outdoor Recreation, United States Department of the Interior. 2. The term "Director" as used herein means the Director of the Bureau of Outdoor Recreation, or any representative lawfully delegated the authority to act for such Director. 3. The term "Manual" as used herein means the Bureau of Outdoor Recreation Manual. 4. The term "project" as used herein means that project or project stage which is the subject of this agreement. 5. The term "State" as used herein means the State which is a party to this agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply'to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or. requirement that it is.to apply solely to the State. B. Project Execution 1. The State shall execute and cenplete the approved project in accordance with the time schedule set forth in the project proposal. Failure to render satisfactory progress or to complete this or any other project which is the subject of Federal assistance under this program to the satisfaction of the Director may be cause for the suspension of all obligations of the United States under this agreement. 2. Construction contracted for by the State shall meet the following requirements: (a) Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding. Copies of all bids and a copy of the contract shall be retained for inspection by the Director. (b) The State shall inform all bidders on contracts for construction in excess of $10,000 that Federal funds are being used to assist in construction. (c) Writteh change orders to contracts for construction in excess of $10,000 shall be issued for all necessary changes in the facility. Such orders shall be made a part of the project file and shall be kept available for audit. (d) The State shall comply with the regulations of the Secretary of Labor contained in 29 CFR 3 (1964), made pursuant to 40 L.S.C. Sec. 276(c) (1964), which require from each contractor or subcontractor a weekly wage payment statement. Such regulations are hereby incorporated into this agreement by reference. (e) The State shall inc•)rporate, or cause to be incorporated, into all construction contracts the following provisions: "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(3) The contractor will send to each labor union or representative of,.4orkers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contr4ictor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. F 7546 "(4) The contractor will comply -with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 11(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, f965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract at with vxy of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 2965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcorrtrac .ur purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation w,t a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." (f) The State shall (1) comply with the above provisions in construction work carried out by itself, (2) assist and cooperate actively with the BOR and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract rovisions and with the rules, regulations, and relevant orders of the Secretary of Labor, (33 oktain and furnish to the BOR and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violatiop of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the DOR pursuant to Part II, Subpart D, of Executive Order No. 11246 of September 24, 1965, and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part II, Subpart D, of Executive Order No. 11246 of September 24, .',965. 3. The State shall secure completion of the work in accordance with the approved constniction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. 4. The State shall permit periodic site visits by the Director to insure work progress in accordance with the approved project, including a final inspection upon project completion. 5. In the event funds should not be available for future stages of the project, the State shall bring the project to a point of usefulness agreed upon by the State and the Director. 6. All significant deviations from the project proposal shall be submitted to the Director for prior approval. 7. Development plans and specifications shall be available for review by the Director upon request. 8. The acquisition cost of real property shall be based upon the appraisal of a competent appraiser. The reports of such appraisers shall be available for inspection by the Director. 9. If any tract or parcel at', or interest in, real property subject to being purchased under the provisions of this agreement, Hpt r.ot identified herein, is found by the Director for any reason not to be suitable for Federal assistance, all obligations of the United States hereunder shall cease as to such parcel, tract or interest. C. Project Costs Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual. D. Project Administration 1. The State shall promptly submit such reports as the Director may request. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the Director upon request. 7547 3. The State shall use any funds received by ►may of advance payment from the United States under the terms of this agreement solely for the project or project stage herein described. 4. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the State, but shall be disposed of according to instructions issued by the Director. S. Because one of the basic objectives of the Land and hater Conservation Fund Act is to enhance and increase the Nation's outdoor recreation resources, it is the intent of the parties hereto that recipients of assistance will use moneys granted hereunder for the purposes of this program, and that assist: -ice granted From the Fund will result in a net increase, commensurate at least with the Federal cost hare, in a p:,r•ticipant's outloor recreation. It is intended by both parties hereto that assistance from the "uud will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. E. Project Termination 1. The State may unilaterally rescind this agreement at any time prior to the commencement of the project. After project commencement, this agreement may be rescinded, modified, or amended only by mutual agreement. A project shall be deemed commenced when the State makes any expenditure or incurs any obligation with respect to the project. 2. Failure by the State to comply with the terms of this agreement or any similar agreement may be cause for the suspension of all obligations of :he United States hereunder. 3. Failure by the State to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States hereander if, in the judgment of the Director, such failure was due to no fault of the State. In such case, any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligiEle for assistance under this agreement. 4. Because the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and because such benefit exceeds to an immeasurable and unascertain• able extent the amount of money furnished by the United States by way of assistance under the terms of this agreement, the State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breaeh by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement. F. Conflict of Interests 1. No official or employee of the State who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or subcontrac 2. No person performing services for the State in connection with this project shall have a financial or other personal interest other than his employment or retention by the State, in any contract or subcontract in connection with this project. No officer or employee of such person retained by the State shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the State, and such officer, employee or person has not participated in the acquisition for or on behalf of the State. 3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The State shall be responsible for enforcing the above conflict of interest provisions. G. Hatch Act No officer or employee of the State whose principal employment is in connection with any activity which Is financed in whole or in part pursuant to this agreement shall take part in any of the political actilvity proscribed in the Hatch Political Activity Act, S U.S.C. Sec. lldk (1964), with the exceptions therein enumerated. H. Financial Records 1. The State shall maintain satisfactory financial accounts, documents, and records, and shall make them available to the BOR, the Department of -the Interior, and to the General Accounting Office for auditing at reasonable times. Such accounts, documents, and records shall be retained by the State for three years following project termination. 7548 2. The State may use any generally accepted accounting system, vrovided such system meets the minimus requirements set forth in the Manual. I. Use of Facilities 1. The State shall not at any time convert any property acquired or developed pursuant to this agreement to other than the public outdoor recreation uses specified in the project proposal attached hereto without the prior approval of the Director. 2. The State shall operate and maintain, or cause to be operated and maintained, the property or facilities acquired or developed pursuant to this agreement in the matu,er and according to the standards set forth in the Manual. J. Nondiscrimination s 1. The State shall not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this agreement. 2. The State shall comply with the terms and intent of Title vI of the Civil Rights Act of 1964, 79 Stat. 241 (1964), and with the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17 (1964). 3. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence. K. Compliance The State shall be responsible for compliance with the terms of this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. L. Manual The State shall comply with the policies and procedures set forth in the Bureau of Outdoor Recreation Hanual. Said Manual is hereby incorporated into and made a part of this agreement. Attachment 1 (Dec. 1965) to Form BOB B-92 a • ' 7549 The United States of America, represented by the Director, Bureau of Cutdaor Recreation, United States Department of the Interior; and the State named above (hereinafter referred to as the State), mutually agree to perform this agreement in accordance with the band and dater Conservation Fund Act of 1965, 78 Stat. 897 (1964), and with the teras, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby made a part hereof. The United States hereby promises, in consideration of the promises made by the State herein, to obligate to the State the amount of money referred to above, and to tender to the State that portion of the obligation which is required to pay the United States-' share of the costs of the above project stage, based upon the above percentage of assistance. The State hereby promises, in consideration of the promises made by the united States herein, to execute the project described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: "This agreement is not subject to the provisions of Section B.2(d) of the attached General Provisions, dated December 1965." "The State shall transfer to the City of Baytown all funds granted hereunder except State administrative expenses as indicated in the attached proposal." "The State agrees to comply with the terms and intent of P. L. 93-234, the .. Flood Disaster Protection Act of 1973; P. L. 90-480, Architectural Barriers Act of 1968; P. L. 91-646, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; and all applicable regulations and procedures implementing these Acts," 0 In witness whereof, the parties hereto ha, --e executed this a,�reewent as of the date entered below. THE UNITED STATES OF MIERICA By Signature (Title) Bureau of Outdoor Recreation United States Department of the Interior Date By em nmc 5+ . Liaison Officer INTs 4604-•75 7550 ADDENDUi41 NO. 1 TO PROJECT AGREEMENT FOR Project No. 48-00499 Project Name and Description Baytown Sports Complex (Development Project) Your Total Contract Price: $215,772 Matching Funds: $107,886 The undersigned political subdivision of the State of Texas does hereby agree and accept the same responsibility and obligations as set out in the herein described project and to the same extent and in the same manner, including all requirements, as does the State of Texas. The undersigned political subdivision of the State of Texas further understands, agrees, and accepts that this project is not effective until this project agreement has been duly executed by the United States of America and by the State of Texas and the said political subdivision is notified accordingly; and no work shall be initiated and/or undertaken by said political subdivision on the herein described project until it has received said notification by the State. M. STATE OF TEXAS CLAYTON T. GARRISON POLITICAL SUBDIVISION Name of Political Subdivision Title: State Liaison Officer By Date: Name and Title: Date: Signature (Type)