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R-01-02-22-10B1 - 2/22/2001RESOLUTION NO. R- O1- 02- 22 -10B1 WHEREAS, the Texas Historical Commission has grant funds available from the U.S. Department of the Interior, National Park Service, through the Certified Local Government program, and WHEREAS, the City Council wishes to make application for grant funds to provide financial assistance for the continued development of Round Rock's historic districts, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Grant Contract with the Texas Historical Commission for the above - described grant, a copy of said Grant Contract attached hereto and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 22nd day of Febr , 2001. AT ST: City of Round Rock, Texas 41 60. A I L_ LAND, City Secretary K:\ WPDOCS \RESOLUTI \R]022231.WPD /ec RO A. STLUKA, J TEXAS HISTORICAL COMMISSION The State Agency for Historic Preservation January 5, 2001 Amelia Sondgeroth 221 E. Main Street Round Rock, TX 78664 Dear Ms. Sondgeroth: The Texas Historical Commission is pleased to announce the allocation of a $3,000.00 grant to the City of Round Rock in conjunction with your participation in the 1999 Certified Local Government program (see attached list of approved projects.) The U.S. Department of the Interior, National Park Service, provided funding for this grant under the provisions of the National Historic Preservation Act of 1966. The National Park Service recently approved your Project Proposal. To remain eligible for this grant allocation, it is necessary for the project coordinator and the project professional, if applicable, to participate in a grant orientation session. Designed to familiarize them with the granting process, this session will provide an opportunity to discuss your project with the Commission staff members responsible for its coordination. Please note that no work should begin prior to your grant orientation session and finalization of a written contract (copy under separate cover) between you and the Texas Historical Commission. Failure to participate in this orientation session and to submit a signed contract before commencement of work on this project will be cause for this grant allocation to revert to the Texas Historical Commission for reallocation to another project. Upon receipt of this letter, please contact en a 3- .6 co, 6046 to arrange the necessary grant orientation session. We look forward to working with you in this 7(.,z-vv most worthwhile preservation endeavor. J rl , / _ F. Lawerence Oaks Executive Director cc: Mayor Robert Stluka Honorable Jeff Wentworth Honorable Lamar Smith GEORGE W. BUSH, GOVERNOR JOHN L. NAU, III, CHAIRMAN F. LAWERENCE OAKS, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUSTIN. TX 78711 -2276 • 512/463 -6100 • FAX 512/475 -4872 • TDD 1- 800/735 -2989 unuw. thcstate. tx.us aPT °� TEXAS F k HISTORICAL COMMISSION The State Agency for Historic Preservation I. PARTIES II. PURPOSE III. SERVICES TO BE PROVIDED IV. AMOUNT OF THE CONTRACT GRANT CONTRACT GEORGE W. BUSH, GOVERNOR JOHN L. NATI, HI, CHAIRMAN F. LAWFRENCE OAKS, EXECUTIVE DIRECTOR The parties to this contract are the Texas Historical Commission, an agency of the State of Texas, hereinafter referred to as Commission; and the City of Round Rock hereinafter referred to as Contractor. This contract is entered into pursuant to a grant made to the Commission for Fiscal Year 1999, by the U.S. Department of the Interior, National Park Service, under the provisions of the National Historic Preservation Act of 1966, P.L. 89 -665 (16 U.S.C. Sec. 470 f). This grant is made for the purpose of funding a project or projects to be undertaken by the Contractor as a participant in the Certified Local Government program. The following services are to be provided within the contract period on a schedule to be agreed upon by the parties to this contract. However, the services designated with specific deadlines must comply with those deadlines. The Contractor shall undertake and complete the project and/or projects as set out in the Approved Project Notification (with detailed budget) and attached Environmental Certification (Attachment A). Products developed under this agreement must conform to the expectations of the Commission and the Project Proposal, as stipulated in Attachment B. Project personnel employed by the Contractor shall meet the Standards for Professional Qualifications as outlined in 36 CFR 61 (Attachment C), and be employed by competitive procurement. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in federally- assisted programs on the basis of race, color, and/or national origin. Therefore the Contractor must sign DI Form 1350 (Attachment D) and return signed form to the Commission with this contract. In all cases the person(s) employed by the Contractor to complete the work specified in this contract must meet with the approval of the Commission. The professional staff hired must also attend an orientation session with the Commission's National Register staff prior to commencing work. The total amount of this contract shall not exceed $3,000.00. The Commission shall reimburse the Contractor exclusively from U.S. Department of the Interior grant -in -aid funds for historic preservation (Certified Local Government), and this contract is subject to the availability of those funds. P.O- BOX 12276 • AUSTIN, TX 78711 -2276 • 512/463 -6100 • FAX 512/475 -4872 • '1'DD 1- 800/735-2989 www.thcstate.tx.us V. DOCUMENTATION AND PAYMENT Contractor will provide invoices to the Commission as costs are incurred and work is completed, but not more frequently than monthly. Upon the receipt and approval of invoices from the Contractor, the Commission shall authorize payments to the Contractor up to the total grant sum as specified in the Grant Award letter (Attachment E). Such payments shall be made as requested for services actually rendered, or if mutually agreed, in one lump sum upon completion and approval of all the requirements set forth in this agreement. It is further agreed that a sum not to exceed 25% of the total granted sum will be retained by the Commission until all stipulated materials and properly documented reimbursement requests are submitted by the Contractor. VI. PERIOD This contract shall commence on January 15, 2001 and shall terminate on February 28, 2001. It is further agreed that all materials stipulated in Attachment A and B and all reimbursement requests shall be submitted to the Commission by March 30, 2001. VII. INDEPENDENT CONTRACTOR The contractor is a Texas Municipal Corporation. It is not an agency of the State of Texas. It is expressly understood and agreed that any subcontractor is an independent contractor and not an employee of the Texas Historical Commission. The contractor or any subcontractor shall not be considered the agent, the servant, or the employee of the Commission for any purpose whatsoever. VIII. OWNERSHIP OF PRODUCTS OF THIS CONTRACT All material, concepts and products produced, developed or conceived by the Contractor during or arising out of the contract shall remain the property of the Commission. The Contractor shall have an unrestricted right to use any or all materials so produced, developed, or conceived at no additional cost; in addition, 3 copies of all publications and videos are to be supplied to the Commission before final reimbursement is made. All materials published, printed, or used for public distribution funded in whole or in part by the this grant shall note the following on the materials: This project was funded in part through a Certified Local Government Grant from the National Park Service, U.S. Department of the Interior, as administered by the Texas Historical Commission. The contents and opinions, however, do not necessarily reflect the views and policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. 2 This program receives Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013 -7127. IX. TERMINATION Either party to this contract may terminate by giving seven days written notice to the other party. In the event notice of termination is given, all work by contractor shall cease and no amount shall be paid by Commission for work performed following receipt of notice of termination by Contractor. Contractor shall be paid for all work performed prior to the notice of termination in accordance with the terms of the contract. Final invoices shall be submitted to Commission not later than 30 days following the date of termination of this contract. X. APPLICABLE LAWS This contract shall be governed by and construed in accordance with the laws of the State of Texas and the rules and policies of the Commission. XI. AUDIT The Commission may audit the Contractor's records to verify the costs or expenses incurred in the performance of this contract or may, at its option, require an audit of the Contractor's records by an independent accounting firm, at Contractor's expense, or by Federal auditors to verify costs or expenses incurred in the performance of the contract. The Contractor shall keep accurate financial records available for audit three years from Project End Date. In addition to the terms detailed in this Agreement, all federal requirements governing grants (Office of Management and Budget Circulars A -87 or A -122, A -102 or A -110, A -133, and A -128) are applicable. XII. ATTACHMENTS The following documents are included in and shall be a part of this contract for all purposes: Attachment A: Approved Project Notification and attached Environmental Certification Attachment B: Expected Products Attachment C: Standards for Professional Qualifications Attachment D: DI form 1350 3 This contract is the entire agreement between the parties. Any changes, deletions, extensions, or amendments to this contract shall be in writing and signed by both parties to the contract. Any other attempted changes, including oral modifications, written notices that have not been signed by both parties, or other modifications of any type, shall be invalid. In some cases, adjustment of the contractual requirements may be necessary pursuant to recommendations by the National Register Department, Texas Historical Commission, with the approval of the U.S. Department of the Interior, The terms of this contract are accepted by the parties to the contract. Persons signing are expressly authorized to obligate the parties to the terms of this contract. Texas Historical Commission Signature Pcee er R. c512 -ueA Typed Name and Title Typed Name and Title F. Lawerence Oaks, Executive Director Date APPROVED AS TO FORM: by: Signature Joe H. Thrash, Assistant Attorney General Typed Name and Title Date 4 Contractor Date SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL T 1 - ' �j APPLICANT /ORGANIZATION DATE SUBMITTED a - a a 0 APPLICANT /ORGANIZATION MAILING ADDRESS BUREAU OF OFFICE EXTENDING ASSISTANCE U.S. DEPARTMENT OF THE INTERIOR CIVIL RIGHTS ASSURANCE As the authorized representative of the applicant, I certify that the applicant agrees that, as a condition to receiving any Federal financial assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include are not limited to (a) Title VI of Civil Rights Act of 1964 (42 U.S.C. 2000d- 1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose of which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applicants for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and sub - recipients and the person whose signature appears below who is authorized to sign this assurance on behalf of the Applicant. Based upon a review of the application, proposal narrative, and the supporting documentation contained in the application, it has been determined that the proposed HPF project, Meets the criteria for categorical exclusion under 516 DM 6. (You must indicate the appropriate categorical exclusion from those listed in Section A.4 of Chapter 11 of the Historic Preservation Fund Grants Manual.) A.4.a(1 -11); A.4.b.(1,2,9); A.4.c.(1 -12); A.4.f.(1 -3,9); A.4.g.(1,6). Applicable Categorical Exclusion [give number of exclusion from Section A.4. of Chapter 11 [e.g.,A.4.c(6)] Lawerence Oaks, Executive Director Date Title I Concur: ENVIRONMENTAL CERTIFICATION Grant Awarding Official Date National Park Service DATE: February 15, 2001 SUBJECT: City Council Meeting — February 22, 2001 ITEM: 10.B.1. Consider a resolution authorizing the Mayor to execute a Grant Contract with the Texas Historical Commission for Certified Local Government funds. Resource: Joe Vining, Planning Director Amelia Sondgeroth, Principal Planner History: The attached contract awards Round Rock $3,000 in additional Certified Local Government (CLG) funds that were unclaimed by other CLG communities for fiscal year 1999. The CLG program receives funds from the National Parks Service, U.S. Department of Interior and is administered by the Texas Historical Commission. Funding No local funding match required. Cost: N/A Source of Funds: N/A Outside Resources: Texas Historical Commission Impact: No local funding match required. Benefit: One objective of the General Plan 2000 is to develop long term strategies for Round Rock's historic districts in an effort to promote their economic viability. To help meet this objective, the funds will be used by the Historic Preservation Commission to conduct a strategic planning workshop with downtown businesses to enhance economic viability in the Historic Downtown. Public Comment: None required Sponsor: Planning and Community Development Department