Ordinance No. 2,238ORDINANCE NO. 2238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH THE
TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE ACQUISITION
OF THREE PARK SITES WITHIN THE CITY OF BAYTOWN 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 approves the contract with the Texas Parks and
Wildlife Department for the acquisition of three park sites
within the city and authorizes and directs the City Manager
and the City Clerk of the City of Baytown to execute and
attest to said contract. A copy of said contract is attached
hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: 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 26th day
of May P 1977.
ATTEST:-
10, 9;7
'0'
LEEN P. HALL, City Clerk
APPROVED:
.-I-/ 2,2,t
NE EL IC ARDSON, City Attorn
TOM GENTRY, Mayor
7584
7586
ADDENDUM NO. 1 TO PROJECT AGREEMENT FOR
Project No. 48 -00500
Project Name and Description Baytown Parks
Your Total Contract Price: $79,500
Matching Funds: 39,750
The undersigned political subdivision of the State of Texas does hereby agree and
accept the same responsibility and obligations as set out hi 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.
STATE OF TEXAS POLITICAL SUBDIVISION
By
CLAYTON T. GARRISON
Name of Political Subdivision
Title: State Liaison Officer By
Date:
Name and Title:
Date:
Signature
(Type)
7587
UNITED STATES DEPARTMENT OF THE INTERIOR
Bureau of Outdoor Recreation
Land and Water Conservation Fund Project Agreement
State Texas I Project Number 4# e__0 ® S ®�
Project Title Baytown Parks
Project Period Date of approval to 12/1/78
Project Scope (Description of Project)
The City of Baytown will acquire by purchase Beaumont Street Property (4+ acres),
Casey Property (3+ acres) and Graham Property (5+ acres) or a total of 12+ acres
for development of city parks.
Beaumont Street Property is in the central portion of the city adjacent to
Beaumont Street and Hafer Street. Casey Property is in the northeast portion of
the city on the north end of Newcastle Street and Graham Property is in the
northern portion of the city on Bus Road and Lynchburg -Cedar Bayou Road,
Preagreement costs incurred from 6/1/76 to date of approval in the amount not to
exceed $1,000 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 this
Stage
BPR 8 -92
(Rev. April 1974)
$_80,500
50
$ 402250
$ 80,500
$_40,250
The following attachments are hereby
incorporated into this agreement:
1. General Provisions
Decemher 1965
2. Project Propo-31
3.
4.
7588
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.
S. 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 complete 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 $109000 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 U.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 Lnc•irporate, or cause to be incorporated, into all construction contracts the
following provisions:
"During the performance of this contract, the contractor agrees as follows:
11(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.
11(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 '.Workers 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
contr4ctor'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.
7589
"(4) The contractor will cumplywith all provisions of Executive Order No. 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No. 11246
of September 24, 1965, and by the riles, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his Looks, 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 of with an%, 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, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any subcontract 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 wit 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 Gabor in obtaining the
compliance of contractors and subcontractors with the above contract provisions and with the
rules, regulations, and relevant orders of the Secretary of Labor, (3) o4tain 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 BOR pursuant to Part I1, 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, e,965.
3. The State shall secure completion of the work in accordance with the approved const- action plans and
specifications, and shall secure compliance with all applicable rederal, 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.
S. 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.
h. 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 of, or interest in, real property subject to being purchased under the
provisions of this agreement, but r,ot identified herein, is found by the Director for any reason not
to be suitable for rederal 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.
7590
3. The State shall use any funds received by way 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 Water 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 !':om the Fund will result in a net increase, commensurate at least with the
Federal cost1hhare, in a participant's outdoor recreation. It is intended by both parties hereto
that assistance from the Fund 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 arty 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 terns of this agreement or any similar agreement may be cause
for the suspension of all obligations of the 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 hereunder 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 eligible 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, tire 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 breach by the State of this agreement. The State further
agrees, therefore, that the appropriate renedy in the event of a breach by the State of this agreement
shall be the specific performance of this vgreement.
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 activity
proscribed in the Hatch Political Activity Act, S U.S.C. Sec. 118k (1964), with the exceptions therein
enumerated.
H. Financial Records
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.
a
7591
2. The State may use any generally accepted accounting system, vrovided such system meets the minimum
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 maru42r and according to the standards set forth
in the Hanwl. I �
J. Nondiscrimination
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 Might Act of 1964,
78 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
Manual. Said Manual is hereby incorporated into and made a part of this agreement.
Attachment I
(Dec. 1965)
to Form BOR 8-92
�) 7592
The United States of America, represented by the Director, Dureau of Outdoor
Recreation, United States (Department of the Interior, and the State mamed
above (hereinafter referred to as the State), mutually agree to perform this
agreement in accordance with the Land and Mater Conservation Fund Act of 1965,
78 Stat. 897 (1964), and with the terms, 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 Decerber 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."
In witness whereof, the parties hereto have executed this agreement as of
the date entered below.
THE UNITED STATES OF AMERICA STATE
By
Signature
MA
(Title)
Bureau of Outdoor Recreation
United States Department of
the Interior
Date
Sta;.-� Liaison Officer
Title
INT: 4604. -78