HomeMy WebLinkAboutC2009-452 - 11/17/2009 - ApprovedTEXAS PARKS AND WILDLIFE DEPARTMENT
NATIONAL RECREATIONAL TRAILS FUND AGREEMENT
This agreement between Texas Parks and Wildlife Department (hereinafter TPWD) and City of Corpus
Christi (hereinafter Sponsor) for construction of a recreational trail in Nueces County, Texas is made under
Texas Recreational Trails Fund.
BACKGROUND
The TPWD Recreational Trails Program, which administers the Texas Recreational Trails Fund (hereinafter
TRTF) made available under the National Recreational Trails Act (hereinafter The Act), awards
reimbursement-type grants to eligible public entities and private organizations to be used on trails and trail-
related projects. To be eligible, the project must have been planned and developed under existing federal
laws and state laws, and all related policies and administrative procedures; and
The City of Corpus Christi, eligible under The Act, made a grant application for a suitable trail project and
was awarded a TRTF grant.
THEREFORE, for and in consideration of the mutual covenants and benefits hereof, TPWD and the
Sponsor hereby agree as follows:
TERMS
Sponsor will conduct resource assessments, construct 0.75 miles +/- of recreational trail, bridge, overlook,
benches, signing, picnic tables and purchase tools in the Oso Conservation Park in accordance with
approved plan (hereinafter the Project) by August 31, 2012.
While doing any work under the terms of this agreement, Sponsor will adhere to all requirements
established for the National Recreational Trials Fund including those set out in Procedural Guidelines,
Project Development and Grant Reimbursement Procedures, and Acquisition Project Procedures and by the
signature of its authorized agent below asserts that it had read all of the foregoing requirements.
The undersigned is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of
1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Title IX
of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or
activities regardless of race, color, national origin, age, sex or disability. Further, it is agreed that no
individual will be turned away or otherwise denied access to or benefit from any program or activity that is
directly associated with a program on the basis of race, color, national origin, age, sex or disability.
Sponsor will properly and adequately maintain the Project for at least 20 years so that it is available and safe
for use by the public.
2009-452
Res. 028413
11/17/09
Tx. Parks & Wildlife
TPWD and Sponsor agree that the total cost of the Project is estimated to be Two Hundred Fifty Thousand
Dollars ($250,000) and that reimbursement to Sponsor for work performed under this agreement will not
exceed Eighty Percent (80%) of the project cost up to the grant funds approved, Two Hundred Thousand
Dollars ($200,000). Sponsor will be paid up to $200,000 after submitting acceptable billings to TPWD for
approved work.
Sponsor may begin site planning and resource assessment work after execution of this agreement. After the
project is cleared of resource impacts, by TPWD and the Texas Historical Commission for potential impacts
to cultural resources, the Sponsor will receive a notice to proceed with construction. Any construction
activities conducted prior to receiving the notice to proceed, will not be eligible for reimbursement.
This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not
appropriated by the Texas Legislature, or otherwise made available, to the Texas Parks and Wildlife
Department. The performance period of this contract may be extended up to twelve months by mutual
agreement of both parties.
Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of
the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with
those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in
the conduct of the audit or investigation, including providing all records requested. Contractor will ensure
that this clause concerning the authority to audit funds received indirectly by subcontractors through
Contractor and the requirement to cooperate is include in any subcontract it awards.
This agreement will be in effect on the last date of the signatures below
TEXAS PA AN ILDLIFE DEPARTMENT
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