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R-02-07-25-14D2 - 7/25/2002RESOLUTION NO. R- 02- 07- 25 -14D2 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 being attached hereto as Exhibit "A" 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. RESOLVED this 25th day of July, 200 A EST: 2 LLODMA\ WORLDOX\ 0: \WDOX \RESOLUT. \R2o72502.Weo /sc CHRISTINE R. MARTINEZ, City Secret NY WE City of Round Rock, Texas y TEXAS HISTORICAL COMMISSION The State Agency for Historic Preservation I. PARTIES II. PURPOSE EXHIBIT nAa GRANT CONTRACT RICK PERRY, GOVERNOR JOHN L. NAU, HI, CI-IAIRMAN F. LAWERENCE OAKS, EXECITrWE 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 2002, 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. IIT. SERVICES TO BE PROVIDED 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. IV. AMOUNT OF THE CONTRACT The total amount of this contract shall not exceed $5,000.00. 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 • TDD 1- 800/735-2989 www.thc.state.tx.us V. DOCUMENTATION AND PAYMENT Contractor may submit to the Commission, for its approval, a properly completed invoice for services rendered in compliance with all requirements of the contract. 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. 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. Within thirty (30) days of the Commission's receipt of Contractor's authorized invoice for services rendered, the Commission shall pay the Contractor the authorized amount. Subject to the limitations of the contract, the Commission's payments will be made in accordance with the Texas Prompt Payment Act. VI. PERIOD This contract shall commence on January 1, 2002 and shall terminate on April 30, 2003. It is further agreed that all materials stipulated in Attachment A and B and all reimbursement requests shall be submitted to the Commission by May 31, 2003. This contract may be extended to 90 days at the option of the Texas Historical Commission. 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. 2 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. 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 Attachment E: Grant Award Letter 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 Certified Local Government Program, 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 by: Signature F. Lawerence Oaks, Executive Director Typed Name and Title Typed Name and Title Date APPROVED AS TO FORM: by: Signature Joe H. Thrash, Assistant Attorney General Typed Name and Title Date 4 Contractor by: Signature Date 14, 21 TYPE: NEW X REVISION PRE - DEVELOPMENT: YES NO X 2. FEDERAL MATCHING SHARE: DONOR: Subgrantee SOURCE: City of Round Rock KIND: In -Kind AMOUNT: $5000 PROJECT NOTIFICATION - ROUND ROCK TITLE: Preservation Plan GRANT NUMBER: 48- 02- 17574.024 AREA (COUNTIES) AFFECTED BY PROJECT: TOTAL PROJECT COST: $20000 Williamson, Travis FEDERAL SHARE: $5000 NONFEDERAL SHARE: $15000 CONGRESSIONAL DISTRICT(S): STATE CONTACT PERSON: 1. SUBGRANTEE: City of Round Rock City Planning Department 221 East Main Street Round Rock, Texas 78664 Susan Brennan 512.218.5425 3. BUDGET: (Funding for this project is offered on a matching ration of 60% provided by the Commission and at least 40% provided by the Contractor) IN KIND MATCH FEDERAL TOTAL Project Leader $5000 $5000 $10000 Commission Chair $500 $500 Office Manager $500 $500 Site Planner / Landscape Architect $8000 $8000 Printing/Copying $1000 $1000 Total $15000 $5000 $20000 4. PURPOSE: Historic preservation district plan — Southwest district 5. BEGINNING AND END DATES: January 1, 2002 — May 31, 2003 6. No program income will be generated. 7. An Environmental Certification is attached. ENVIRONMENTAL CERTIFICATION Based upon a review of the application, proposal narrative, and the supporting documentation contained in the application, it has been determined that the proposed Historic Preservation Fund project, preservation plan for the City of Round Rock, 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)] F. Lawerence Oaks, Executive Director Date Title I Concur: Grant Awarding Official Date National Park Service ATTACHMENT B EXPECTED PRODUCTS OF AN EDUCATIONAL PROJECT Diverse preservation activities may result in publications in order to reach a wide audience. Activities in this category include preparation and publication of preservation plans, historic structures reports or feasibility studies; development of walking or driving tours of historic areas; production of brochures, pamphlets or videotapes promoting local history and properties; establishment of local marker programs; or preparation of design guidelines. Educational activities such as preservation workshops, conferences, or training for staff and review board members are also eligible for funding. Projects must conform to the following guidelines: Local historic and/or archeological resources must be adequately represented. The full diversity of resources should address geographic and temporal ranges. All textual matter should reflect the broad pattems of local history. Design review projects must include charts or outlines of the review process. Graphics illustrating design expectations should be included. Standard architectural terminology should be employed, with a glossary of terms or list of definitions included. Graphics must clearly represent resources from the local community. Where applicable, the text and graphics must accurately reflect the attached U.S. Secretary of the Interior's Standards for Rehabilitation. References should indicate avenues of further research or resources for assistance. Planning documents must establish a set of goals and objectives with target dates for completion. Ideally, responsibility for specific tasks should be assigned to specific personnel. Maps and clear identification of resource locations should be provided. Adequate recognition must be provided in all publications. Photographs and drawings should be credited to the artist or lender. The local government's involvement must be adequately acknowledged. Recognition, as detailed below, must be afforded the CLG program, the Texas Historical Commission, and the National Park Service of the U.S. Department of the Interior. Language acknowledging nondiscrimination practices, as detailed below, must be included. Publications addressing several potential audiences must adequately reflect the community's preservation program. 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. ATTACHMENT C STANDARDS FOR PROFESSIONAL QUALIFICATIONS To insure that appropriate historical, architectural, archeological and cultural properties are identified for public benefit through grant -in -aid assistance, the following minimal professional standards for historical, architectural and archeological documentation have been established by the Preservation Assistance Division of the National Park Service. Persons supervising grant projects must be professionally qualified in accordance with 36 CFR 61 as follows: Appendix A to Part 61 — Professional Qualifications Standards In the following definitions, a year of full -time professional experience need not consist of a continuous year of full -time work but may be made up of discontinuous periods of full -time or part-time work adding up to the equivalent of a year of full -time experience. (a) History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: (1) At least two years of full -time experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or (2) Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. (b) Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: (1) At least one year of full -time professional experience or equivalent specialized training in archeological research, administration or management; (2) At least four months of supervised field and analytic experience in general North American archeology; and (3) Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full -time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall (more) SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT /ORGANIZATION DATE SUBMITTED 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. Fiscal Year FY: FY: FY: FY: FY: TOTAL Grant Funding $5,000 Required City Match $15,000 (in -kind) TOTAL 20,o00 Grant Amount: Grant FTEs: Grant Match: $5,000 $15,000 (in - kind) r APPLICATION /PROPOSAL REVIEW (GAPR) This form must be completed and presented to Department Leadership for review prior to: a) the submission of a grant application; b) the acceptance of a grant; c) the renewal of a grant; or, d) a change in the budgeted amount of the grant Following review by Departmental Leadership, this form should be submitted to the City Budget Supervisor (499 -2869) for Budget Office Approval. The GAPR form is due to the Budget Office for approval at least three (3) working days prior to the grant application due date or any City Council - related deadline. If a grant application requires prior City Council approval to submit, this form should be completed by the department and submitted with the Council Action requesting approval to apply and the "Request for Finance Approval° form. If a grant is awarded, a copy of this GAPR should be submitted with the Council Action requesting authorization to accept the grant and the 'Request for Finance Approval" form. NOTE: NO GRANT APPLICATION, RENEWAL, OR INCREASE IN GRANT FUNDING WILL BE CONSIDERED WITHOUT THE SUBMISSION AND APPROVAL OF THIS FORM. Grantor National Parks Service (administered by the Texas Historical Commission) Grant Title: Certified Local Government Grant PROGRAM BUDGET Please complete the sentences listed below by filling out the boxes: Page 1 TERM YEAR MONTH /DAY/YEAR THROUGH MONTH /DAY/YEAR Year One: January 1, 2002 Through April 30, 2003 Year Two: Through Year Three: Through Year Four: Through Year Five: Through This is the (list year): 2002 - 2003 of a (iistyea) 2002 - 2003 Grant. This Grant will be appropriated in FY: 2002 - 2003 Other In -Kind Match Provided: $ 15,000 (in kind) Total Program Budget $ 20 000 Proposed Positions (FTE's) to be Funded: [Indicate Title(s) and Status (regular/temporary). Please add rows if number is insufficient ] Should we subcontract? If so, why? No This grant proposal/application is a: _X_New Grant Revision Type of Funds: _ Federal X Federal Pass - Through _ State _ Private /Other Funding Source: GRANT TERM DATES Collaborations with other Agencies/Departments: Page 2 Renewal Grant List the Departmental Goal or Strategy that will be supported by this grant (as included in the Approved Budget Document): Planning Departmental Goal: Prepare development or redevelopment area plans for portions of the City where exceptional opportunity for economic expansion exists. TITLE STATUS (Reg./Ternp.) Estimated Cost 1 s Please see attached project notification form with project breakdown. 3 . TOTAL: This is the (list year): 2002 - 2003 of a (iistyea) 2002 - 2003 Grant. This Grant will be appropriated in FY: 2002 - 2003 Other In -Kind Match Provided: $ 15,000 (in kind) Total Program Budget $ 20 000 Proposed Positions (FTE's) to be Funded: [Indicate Title(s) and Status (regular/temporary). Please add rows if number is insufficient ] Should we subcontract? If so, why? No This grant proposal/application is a: _X_New Grant Revision Type of Funds: _ Federal X Federal Pass - Through _ State _ Private /Other Funding Source: GRANT TERM DATES Collaborations with other Agencies/Departments: Page 2 Renewal Grant List the Departmental Goal or Strategy that will be supported by this grant (as included in the Approved Budget Document): Planning Departmental Goal: Prepare development or redevelopment area plans for portions of the City where exceptional opportunity for economic expansion exists. A If this grant project's goals and objectives are reached, the Department will request funding from the General Fund to continue the program if grant funding ends. B This grant - funded project is considered a baseline program that must be continued with or without grant funding. C This grant - funded project is not considered a baseline program that must be continued with or without grant funding. D. X This one -time grant- funded project intended to cease at the grant -term end. No other funding will be requested from alternative grant sources or General Fund dollars E If this grant- funded project's performance (for in the example of a pilot or demonstration grant) indicates the need for the Department to apply for follow -up grant funding, the project may require supplemental funding from the General Fund to cover the cost of the follow -up project. F. Other: Associated Program /Program Objective: PLANNED PERFORMANCE MEASURES (List Maior Three)): 1. Enhance Round Rock's historic districts to preserve their identity. 2. Develop long term goals for the city's historic districts in an effort to promote their economic viability. 3. Develop architectural, building articulation, site -plan, and streetscaping standards to enhance overall city appearance. Brief description of proposed grant program: The grant awards Round Rock $5,000 in Certified Local Government funds. The CLG program receives funds from the National Parks Service and is administered by the Texas Historical Commission. The grant will be used to fund a land use inventory and existing structure review for the southwest section of the downtown. The inventory will form the basis for a future district plan for this area. This district, which already has several historically designated structures in it, is characterized by a mixture of low scale residential and commercial development. The district plan will include design guidelines for new infill properties, streetscaping standards, recommendations for future zoning, and recommendations for additional historic designations. The award contract will terminate on April 30, 2003. Contingency Plan if Grant Funding Discontinued (Check Appropriate Box, or Detail in "Other."): Page 3 Dept. Director Review / Approva Budget/Accounting Supervisor Review /Approv Finance Director Review /Approval: DEPARTMENTAL REVIEW /APPROVAL (To be completed by the submitting Department) ate: 7 - y - O �. Date Application Due (if ApplicabJ): N J /1 Date Forwarded: ji,(1 1 Zoo Z CITY BUDGET OFFICE REVIEW APPROVAL / (To be completed by the City Budget Office) Date Received: Date Approved /Disapproved: Page 4 Date: 7/2- -o2— Date: 14, 21 TITLE: Preservation Plan GRANT NUMBER: 48 -02- 17574.024 AREA (COUNTIES) AFFECTED BY PROJECT: TOTAL PROJECT COST: $20000 Williamson, Travis FEDERAL SHARE: $5000 NONFEDERAL SHARE: $15000 CONGRESSIONAL DISTRICT(S): STATE CONTACT PERSON: TYPE: NEW X REVISION PRE - DEVELOPMENT: YES _ NO X PROJECT NOTIFICATION - ROUND ROCK 1. SUBGRANTEE: City of Round Rock City Planning Department 221 East Main Street Round Rock, Texas 78664 2. FEDERAL MATCHING SHARE: DONOR: Subgrantee SOURCE: City of Round Rock KIND: In -Kind AMOUNT: 55000 4. PURPOSE: Historic preservation district plan - Southwest district 5. BEGINNING AND END DATES; January 1, 2002 - May 31, 2003 6. No program income will be generated. 7. An Environmental Certification is attached. Susan Brennan 512.218.5425 3. BUDGET: (Funding for this project is offered on a matching ration of 60% provided by the Commission and at least 40% provided by the Contractor) IN KIND MATCH FEDERAL TOTAL Project Leader $5000 $5000 $10000 Commission Chair $500 $500 Office Manager $500 $500 Site Planner/ Landscape Architect 58000 $8000 Printing/Copying $1000 51000 Total $15000 55000 520000 DATE: July 19, 2002 SUBJECT: City Council Meeting — July 25, 2002 ITEM: 14.D.2. 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 History: The attached contract awards Round Rock $5,000 in Certified Local Government funds. The CLG program receives funds from the National Parks Service and is administered by the Texas Historical Commission. The grant will be used to fund a land use inventory and existing structure review for the southwest section of the downtown. The inventory will form the basis for a future district plan for this area. This district, which already has several historically designated structures in it, is characterized by a mixture of low scale residential and commercial development. The district plan will include design guidelines for new infill properties, streetscaping standards, recommendations for future zoning, and recommendations for additional historic designations. The award contract will terminate on April 30, 2003. Funding Cost: Grant funds received: $5,000 - Estimated local in -kind to be provided: $15,000 Source of Funds: National Parks Service (administered by the Texas Historical Commission) Outside Resources: N/A Benefit: The development of a district plan containing design guidelines for new infill properties as well as recommendations for future zoning will serve as the basis for a new overlay zoning district to protect the unique characteristics of this area. Public Comment: N/A Sponsor: Planning and Community Development Department TEXAS HISTORICAL COMMISSION The State Agency for Historic Preservation I. PARTIES II. PURPOSE III. SERVICES TO BE PROVIDED GRANT CONTRACT RICK PERRY, GOVERNORv 0 JOHN L. NAU, III, CHAIRMAN F. LAWERENCE 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 2002, 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. IV. AMOUNT OF THE CONTRACT The total amount of this contract shall not exceed $5,000.00. 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 • TDD 1 -800 /735 -2989 www.thc.state.tx.us PIP V. DOCUMENTATION AND PAYMENT Contractor may submit to the Commission, for its approval, a properly completed invoice for services rendered in compliance with all requirements of the contract. 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. 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. Within thirty (30) days of the " — Commission's receipt of Contractor's authorized invoice for services rendered, the Commission shall pay the Contractor the authorized amount. Subject to the limitations of the contract, the Commission's payments will be made in accordance with the Texas Prompt Payment Act. VI. PERIOD This contract shall commence on January 1, 2002 and shall terminate on April 30, 2003. It is further agreed that all materials stipulated in Attachment A and B and all reimbursement requests shall be submitted to the Commission by May 31, 2003. This contract may be extended to 90 days at the option of the Texas Historical Commission. 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. 2 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. 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.0 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 govemed 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 Attachment E: Grant Award Letter 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 Certified Local Govemment Program, 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 Contractor bv: Signature F. Lawerence Oaks, Executive Director Typed Name and Title Typed Name and Title Date APPROVED AS TO FORM: by: Signature Joe H. Thrash. Assistant Attomey General Typed Name and Title Date 4 Date Nyle Maxwell, Mayor July 25, 2002 14, 21 PROJECT NOTIFICATION - ROUND ROCK TITLE: Preservation Plan GRANT NUMBER: 48 -02- 17574.024 AREA (COUNTIES) AFFECTED BY PROJECT: TOTAL PROJECT COST: $20000 Williamson, Travis FEDERAL SHARE: $5000 NONFEDERAL SHARE: $15000 CONGRESSIONAL DISTRICT(S): STATE CONTACT PERSON: TYPE: NEW X REVISION PRE - DEVELOPMENT: YES _ NO X 1. SUBGRANTEE: City of Round Rock City Planning Department 221 East Main Street Round Rock, Texas 78664 2. FEDERAL MATCHING SHARE: DONOR: Subgrantee SOURCE: City of Round Rock KIND: In -Kind AMOUNT: 85000 4. PURPOSE: Historic preservation district plan — Southwest district 5. BEGINNING AND END DATES: January 1, 2002 — May 31, 2003 6. No program income will be generated. 7. An Environmental Certification is attached. Susan Brennan 512.218.5425 3. BUDGET: (Funding for this project is offered on a matching ration of 60% provided by the Commission and at least 40% provided by the Contractor) IN KIND MATCH FEDERAL TOTAL Project Leader $5000 $5000 $10000 Commission Chair 8500 8500 Office Manager $500 $500 Site Planner/ Landscape Architect $8000 $8000 Printing/Copying $1000 $1000 Total $15000 $5000 $20000 I Concur: ENVIRONMENTAL CERTIFICATION Based upon a review of the application, proposal narrative, and the supporting documentation contained in the application, it has been determined that the proposed Historic Preservation Fund project, preservation plan for the City of Round Rock, 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)] F. Lawerence Oaks, Executive Director Date Title / Date Grant Awarding Official Date National Park Service 7/25/02 ATTACHMENT B EXPECTED PRODUCTS OF AN EDUCATIONAL PROJECT Diverse preservation activities may result in publications in order to reach a wide audience. Activities in this category include preparation and publication of preservation plans, historic structures reports or feasibility studies; development of walking or driving tours of historic areas; production of brochures, pamphlets or videotapes promoting local history and properties; establishment of local marker programs; or preparation of design guidelines. Educational activities such as preservation workshops, conferences, or training for staff and review board members are also eligible for funding. Projects must conform to the following guidelines: Local historic and/or archeological resources must be adequately represented. The full diversity of resources should address geographic and temporal ranges. All textual matter should reflect the broad patterns of local history. Design review projects must include charts or outlines of the review process. Graphics illustrating design expectations should be included. Standard architectural terminology should be employed, with a glossary of terms or list of definitions included. Graphics must clearly represent resources from the local community. Where applicable, the text and graphics must accurately reflect the attached U.S. Secretary of the Interior's Standards for Rehabilitation. References should indicate avenues of further research or resources for assistance. Planning documents must establish a set of goals and objectives with target dates for completion. Ideally, responsibility for specific tasks should be assigned to specific personnel. Maps and clear identification of resource locations should be provided. Adequate recognition must be provided in all publications. Photographs and drawings should be credited to the artist or lender. The local govemment's involvement must be adequately acknowledged. Recognition, as detailed below, must be afforded the CLG program, the Texas Historical Commission, and the National Park Service of the U.S. Department of the Interior. Language acknowledging nondiscrimination practices, as detailed below, must be included. Publications addressing several potential audiences must adequately reflect the community's preservation program. 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. ATTACHMENT C STANDARDS FOR PROFESSIONAL QUALIFICATIONS To insure that appropriate historical, architectural, archeological and cultural properties are identified for public benefit through grant -in -aid assistance, the following minimal professional standards for historical, architectural and archeological documentation have been established by the Preservation Assistance Division of the National Park Service. Persons supervising grant projects must be professionally qualified in accordance with 36 CFR 61 as follows: Appendix A to Part 61 — Professional Qualifications Standards In the following definitions, a year of full -time professional experience need not consist of a continuous year of full -time work but may be made up of discontinuous periods of full -time or part -time work adding up to the equivalent of a year of full -time experience. (a) History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: (1) At least two years of full -time experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or (2) Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. (b) Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: (1) At least one year of full -time professional experience or equivalent specialized training in archeological research, administration or management; (2) At least four months of supervised field and analytic experience in general North American archeology; and (3) Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full -time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall (more) (c) Architectural history. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one of the following: (1) At least two years of full -time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or (2) Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. (d) Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full -time professional experience in architecture; or a State license to practice architecture. (e) Historic Architecture. The minimum professional qualifications in historic architecture are a professional degree in architecture or State license to practice architecture, plus one of the following: (1) At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or (2) At least one year of full -time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specification for preservation projects. 2 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT /ORGANIZATION DATE SUBMITTED 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.