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CM-11-06-118ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider authorizing the City Manager to execute a recipient agreement for $10,000.00 in grant funds from the Texas Historical Commission. June 10, 2011 Department: Planning and Community Development Department Project Manager: Joelle Jordan, Senior Planner Item Summary: The Texas Historical Commission has awarded the City of Round Rock a, $10,000.00 Certified Local Government Grant. The funds are allocated for the completion of Phase II of the Historic and Resources Survey for the Downtown Master Plan area and for Phase III of the same project. The Downtown Master Plan includes 653 parcels, including a National Register Historic District and 29 other designated historic landmarks. The Plan includes recommendations for implementation pertaining to historic preservation, including that the Historic Resources Survey (last completed in 1992) be updated for the Plan Area prior to the adoption of a proposed Form -Based Code in development for the area. In March 2010, the City contracted with McDoux Preservation, LLC to complete an update to the survey for an area identified as "Phase I". This area contains 155 parcels in a predominately commercial area in the core of downtown. The Phase I Project was completed and adopted by ordinance on September 23, 2010 as an addendum to the Downtown Master Plan. The report recommends the continued preservation of all existing landmarks in the Phase I area, as well as the designation of 14 new local landmarks. The next portion of the project, "Phase II", pertains to the remaining 498 parcels in the study area. While the survey and inventory were completed for the area, there was insufficient funding to complete an adoption process similar to the Phase I process, now known as "Phase Ilb". This Certified Local Government Grant funds Phase Ilb, and a new phase identified as "Phase III". Phase Ilb includes: • A series of subcommittee meetings with members of the City Council and Historic Preservation Commission to review recommendations by the consultant gathered from a survey of the Phase II area. • Outreach and an open house for all property owners affected by the recommendations in Phase II. • Recommendation of the Phase II survey and report by the Historic Preservation and Planning and Zoning Commissions. • Adoption of the Phase II survey and a report by ordinance by the City Council as an addendum to the 2010 Downtown Master Plan. Phase III implements the recommendations from the Phase I and 11 reports. Phase III tasks include: • Explore the "preserve and move" option for structures in areas where redevelopment will occur. The goal would be to move but keep a certain limited number of valuable assets in the downtown area. This includes a report on program costs and considerations, examples of programs from other communities, and amendments REV. 6/10/10 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. City Manager Approval Summary Sheet to the preservation ordinance language that would allow this option. Other updates to the preservation ordinance will also be considered if funding allows. • Conduct a series of work sessions and presentations with the Historic Preservation Commission, the Planning and Zoning Commission, and City Council. • Conduct public outreach activities to educate property owners within the Downtown Master Plan area on the landmark/district designation process, and the responsibilities and benefits associated with Historic Overlay Zoning. Goal 5.0: Preserve the historic buildings, structures and places of the City. Strategic Plan Relevance: Goal 2.0: Prevent Neighborhood Deterioration Total project cost is $20,000. Grant request is for $10,000 and must be matched. Cost: The match will consist of $5,000 cash and $5,000 in-kind donation of time. Texas Historical Commission. Cash match for grant is funded through the Historic Source of Funds: Preservation Grant Budget (5470-100-14000). TEXAS HISTORICAL COMMISSION FISCAL YEAR 2011 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT CONTRACT TX -11-029 I. PARTIES The parties of 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 Grantee. II. PURPOSE This contract is entered into pursuant to a grant made to the Commission for fiscal year 2011 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 Grantee as a participant in the Certified Local Government program. I11. 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 Grantee shall undertake and complete the project or projects as set out in the Project Notification (Attachment A) with detailed budget. Products developed under this agreement must conform to the requirements of the Commission and the Project Proposal, as stipulated in the Expected Products of an Educational Project (Attachment B). Project personnel employed by the Grantee shall meet the Standards for Professional Qualifications as outlined in 36 CFR 61 (Attachment C), as appropriate to the scope of the project, 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 Grantee must sign DI Form 1350 U.S. Department of the Interior Civil Rights Assurance (Attachment D) and return the signed form to the Commission with this contract. In all cases the person(s) employed by the Grantee to complete the work specified in this contract must meet with the approval of the Commission. The professional staff hired must also contact the Commission's Certified Local Government staff prior to commencing work. IV. AMOUNT OF THE CONTRACT The total amount of this contract shall not exceed $10,000.00. The Commission shall reimburse the Grantee 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. Ci"-11-O(p-11' V. PERIOD This contract shall commence on May 2, 2011 and shall terminate on December 31, 2012. It is further agreed that all work associated with this project shall be completed by September 30, 2012 and all materials stipulated in Attachments A and B and all reimbursement requests shall be submitted to the Commission by October 31, 2012. An extension for completing materials stipulated in Attachment B may be granted by the Commission upon review and approval of a written extension request by the Grantee, provided that a draft of the grant product(s) has been previously reviewed and approved. The final product must be received by the Commission no later than December 31, 2012. All expenses incurred by the Grantee associated with work completed after September 30, 2012 shall be considered ineligible for reimbursement under this grant contract. Contract amendments may be submitted in writing using the Contract Amendment Form (Attachment E) at any time between May 2, 2011 and August 31, 2012 at the option of the Commission. VI. INDEPENDENT CONTRACTOR The Grantee 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 Grantee or any subcontractor shall not be considered the agent, the servant, or the employee of the Commission for any purpose whatsoever. VII. DOCUMENTATION AND PAYMENT Grantee may submit to the Commission, for its approval, a properly completed invoice for services rendered in compliance with all requirements of the contract as specified in the Reimbursement Request Procedures and Required Records (Attachment F). Grantee will provide invoices to the Commission as costs are incurred and work is completed, but not more frequently than monthly. It is further agreed that the Grantee will provide written quarterly updates on the Grant Product Quarterly Report Form as provided by the Commission on the progress of the grant product. Each update will outline the tasks completed and expenses incurred on the project and provide a timeline and status of the overall project. The Grant Product Quarterly Report will be due on August 30, 2011, December 31, 2011, April 30, 2012, and August 30, 2012. Failure to submit quarterly reports as required on a timely basis may constitute breach of this grant contract and result in forfeiture of the grant. Reimbursement to the Grantee shall be on a matching basis as outlined in the Project Notification's Budget section, subject to receipt of funds from the National Park Service and successful completion of all project work activities. The Commission agrees to pay the Grantee up to $10,000.00 in federal funds. The Grantee agrees to contribute matching share, either donated services or cash match, for a minimum total of $10,000.00 or 50% of eligible costs, whichever is less. 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 grant award will be retained by the Commission until the following have occurred: (a) Commission review of the draft project materials and comments incorporated into the project; (b) receipt of two (2) detailed and documented final completion reports; and (c) receipt of properly documented reimbursement materials. Subject to the limitations of the contract, the Commission's payments will be made in accordance with the Texas Prompt Payment Act. VIII. OWNERSHIP OF PRODUCTS OF THIS CONTRACT All material, concepts and products produced, developed or conceived by the Grantee during or arising out of the contract shall remain the property of the Commission. The Grantee shall have an unrestricted right to use any or all materials so produced, developed, or conceived at no additional cost. Pursuant to the stipulations in Attachment B a minimum of two (2) copies of all final products and completion reports, if applicable (Attachment G) 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 this grant shall note the following on the materials: This project was funded in part through a Certied Local Government Grant frotn 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 rriect 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 facilio 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 Grantee shall cease and no amount shall be paid by the Commission for work performed following receipt of notice of termination by Grantee. Grantee 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 the 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. All projects funded under the Certified Local Government program must meet the Secretary of the Interior's Standards. The Standards can be accessed at the National Park Service web site: www.nps.gov/history/local-law/arch_stnds_0.htm. XI. AUDIT The Commission may audit the Grantee'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 Grantee's records by an independent accounting firm, at the Grantee's expense, or by Federal auditors to verify costs or expenses incurred in the performance of the contract. The Grantee shall keep accurate financial records available for audit for three years from the 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: Project Notification ® Attachment B: Expected Products ® Attachment C: 36 CFR 61, Standards for Professional Qualifications ® Attachment D: DI Form 1350, Civil Rights Assurance ® Attachment D.1: Assurances for Consultants or Subcontractors ® Attachment E: Fiscal Year 2011 Certified Local Government (CLG) Contract Amendment ® Attachment F: Reimbursement Request Procedures & Required Records ❑ Attachment G: Completion Report (if applicable) 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 parties to the contract accept the terms of this contract. Persons signing are expressly authorized to obligate the parties to the terms of this contract. TEXAS HISTORICAL COMMISSION: tIvi Lt Signature Mark Wolfe, Executive 1 ector Typed Name & Title ;/I ZoI( Date GRANTEE: THIRD PARTY DESIGNEE: (IF APPLICABLE) Signature Typed Name & Title of Delegated Third Party Date APPROVED AS TO FORM BY: Joe H. Thrash, Assistant Attorney General Typed Name & Title Date /13/1) Typed Name & Title of C • 'ef Elected Off a ((43 Date Texas Historical Commission P.O. Box 12276 Austin, TX 78711-2276 512.463.6100 fax 512.475.4872 thc@thc.state.tx.us t TEXAS HISTORICAL COMMISSION real places telling real stories www.thc.state.tx.us ATTACHMENT A PROJECT NOTIFICATION TITLE: Preservation Planning Project for City of Round Rock Downtown Master Plan Area AREA AFFECTED BY PROJECT: Williamson County CONGRESSIONAL DISTRICT: 10, 31 STATE CONTACTS: Matt Synatschk: 512.463.7812 Megan Koch: 512.463.3805 GRANT NUMBER: TX -11-029 TOTAL PROJECT COST: 50% FEDERAL SHARE: 50% NONFEDERAL SHARE: TYPE: NEW: Zi PRE -DEVELOPMENT: $20,000.00 $10,000.00 $10,000.00 REVISION: 0 YES: ❑ NO: 1. SUBGRANTEE: Contact: Address: Email Address: Phone: Fax: 2. MATCHING SHARE: Donor: Source: Kind: Amount: 3. BUDGET: PROJECT MANAGEMENT Joelle Jordan City of Round Rock 301 W. Bagdad, Suite 210 Round Rock, TX 78664 512.218.5422 512.218.3286 jjordan@round-rock.tx.us Subgrantee City of Round Rock In -Kind $ 5,000.00 Consultant Fees (Preservation Consultant) Project Leader Planner Technician (Web & Graphics Support) Office Manager (Expense Reporting) Commissions & Council Meetings & Worksessioins Administrative Fees (Printing, Copying and Public Notices) TOTAL Contact: Address: Email Address: Phone: Fax: FISCAL MANAGEMENT Vickie Moreno City of Round Rock 301 W. Bagdad, Suite 210 Round Rock, TX 78664 512.218.5415 512.218.3286 vic@round-rock.tx.us Donor: Subgrantee Source: City of Round Rock Kind: Local Cash Amount: $ 5,000.00 IN-KIND CASH FEDERAL TOTAL MATCH $ $ 4,000.00 $ 10,000.00 $ 14,000.00 $ 3,300.00 $ $ $ 3,300.00 $ 500.00 $ $ $ 500.00 $ 200.00 $ $ $ 200.00 $ 1,000.00 $ $ $ 1,000.00 $ $ $1,000.00 $ $ 1,000.00 $ $ $ $ $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 20,000.00 4. PURPOSE: To complete Phase IIb and Phase III of the City of Round Rock Preservation Planning Project for the Downtown Master Plan Area, as described in the Subgrantee's FY 2011 Application. 5. BEGINNING & ENDING DATES: May 2, 2011 — September 30, 2012 6. No program income will be generated. 7. CERTIFICATION: As the duly authorized representative, I certify that this subgrant will be administered and work will be performed under the supervision of a professional meeting appropriate 36 CFR 61 requirements, in accordance with the Historic Preservation Fund Grants Manual and the Secretary of the Interior's "Standards and Guidelines for Planning, Identification, Evaluation and Registration." All documentation required by the Historic Preservations Fund Grants Manual will be maintained on file for audit and State Program Review purposes. All proposed costs for personal compensation charged to the Federal or nonfederal share of this subgrant are within the maximum limit imposed by Chapter 13, Section B.34.e. of the Historic Preservation Fund Grants Manual. Signature (0-13---// Date TEXASHISTORICAL COMMISSION 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 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. 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 fundsfivm 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 facilio 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, DC 20013-7127. 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 have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. (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: (over) (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. TEXASHISTORICAL COMMISSION ATTACHMENT D 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, but 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 for 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. SIGN RE OF AUTHO ED CERTIFYING OFFICIAL atitti") TITLE s51 STAN r r-rq AkAi\lAciElk. APPLIT/ORGAN TION G/* i&--) 4ea5 DATE SUBMITTED APPLICANT/ORGANIZATION MAILING ADDRESS 221 E. Alm NI s -r: Rccu.3D-Rocx.,TX19(o(04- BUREAU OF OFFICE EXTENDING ASSISTANCE TEXAS HISTORICAL COMMISSION ATTACHMENT D.1 ASSURANCES FOR CONSULTANTS OR SUBCONTRACTORS The consultant or subcontractor will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the consultant or subcontractor receives financial assistance from Department of the Interior, National Park Service, and hereby gives assurance that it will immediately take any measures to effectuate this agreement. 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 consultant or subcontractor, including installment payments after such date on account of arrangements for federal financial assistance which were approved before such date. The consultant or subcontractor 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 reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the consultant or subcontractor, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the consultant or subcontractor. DI 1350 Addendum. Also agrees to comply with the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to these titles, to the end that, no person in the United States shall, on the grounds of age or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the consultant or subcontractor receives financial assistance from the National Park Service, and hereby gives assurance that it will immediately take any measures to effectuate this agreement. 18 USC 1913. No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, will be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member of Congress, thorough the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined not more than $500 or imprisoned not more than one year, or both; and after notice and hearing by the superior officer vested with the power of removing him, shall be removed from office or employment. (June 25, 1948, ch. 645, 62 Stat. 792.) DI 1954. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Cover Transactions. (over) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR Part 12, Section 12.5.10, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are included in the proposal package. For further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C streets, N.W., Washington, D.C. 20240. (1) The prospective lower tier participant certified, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant/Subcontractor Date TEXAS HISTORICAL COMMISSION ATTACHMENT E FISCAL YEAR 2011 CERTIFIED LOCAL GOVERNMENT (CLG) CONTRACT AMENDMENT Amendment to CLG Grant Number: Title: 1. Subgrantee: Contact: Address: Phone: 2. Matching Share: See attached revised budget worksheet. 3. Budget: See attached revised budget worksheet. 4. Purpose: See attached project description. 5. Beginning & Ending Dates: 6. No program income will be generated. Note: Contract Amendment will not be effective until approved in writing by the Texas Historical Commission. The change must be noted in the future quarterly report. SUBMITTED BY: Signature of Grantee Signature Date Signature of Third Party Designee Signature Date APPROVED BY: Signature of Texas Historical Commission Staff Approval Date TEXAS HISTORICAL COMMISSION 1. Time Sheets Each employee or volunteer engaged in activities to be claimed against the grant must submit a time sheet signed by the employee/volunteer and the supervisor. Such records must show the actual hours worked, date worked and the specific duties performed. The records should also indicate the basis for determining the rate of the volunteer's contributions. Employees can claim their regular hourly wage. Time sheets must certify no other federal funds were used to pay salaries and that their salaries were not used as match for other federal grants. Volunteers must claim a reasonable wage rate. Professionals may claim their standard professional wage if volunteering professional services. In any case, hourly wages may not exceed the maximum rate of $74.92/hour. A sample volunteer time sheet is attached under miscellaneous forms attached. 2. Travel The miscellaneous forms include a travel record. This identifies traveler, dates of travel, mileage, lodging, costs of meals and other miscellaneous travel expenses. Receipts for all expenses are required. See attached allowable travel rates for limits. 3. Miscellaneous Expenses Proper documentation for miscellaneous expenses includes that information identified in the beginning of this attachment. Following this attachment are additional sample records for miscellaneous volunteer costs. 4. Subcontracts All services and products must be procured according to federal procurement standards set forth in OMB Circulars A-87 and A-112. If the government is not doing the actual work, it muse execute a contract with the subgrantee — i.e., professional consultant, local historical society, individuals, etc. All subcontracts must include the Assurances for Consultants and Subcontractors, attached. A very simple letter of agreement to be used as a guide is found in Attachment C. Since each local government may have different requirements, the appropriate local official should review this letter. A copy of the contract between the CLG and a subgrantee must be sent to the SHPO for audit purposes. 5. Payment Schedule Reimbursement payments to the CLG will be made according to the schedule outlined in the contract: (a.) after an acceptable billing and final product have been approved by the SHPO; and (b.) when federal funds become available to the State. 6. If there is more than one activity identified under the grant, each expense must be attributed to a specific activity to evaluate actual costs versus proposed costs. For example, if a grant funded both National Register nominations and survey, the billing must show each expense allocated to either nominations or survey. TEXAS HISTORICAL COMMISSION 7. For your guidance, the following is the checklist used by the SHPO to evaluate a CLG's billing: Signed invoice from the local government to the SHPO with federal tax identification number. Copies of vendors' invoices showing evidence that: i. invoices are in the name of the CLG. ii. invoice dates are within the project period. iii. purchase price is compatible with the estimated budget cost. iv. purchases are relevant to the project's scope. (c.) Copies of receipts or properly endorsed cancelled checks (front and back). (d.) Evidence of approved extensions and amendments to CLG subcontracts. (e.) Evidence that invoices were properly approved for payment including: i. evidence that discounts and other credits were deducted. ii. evidence that merchandise/services were received. Copies of daily time records (including supervisor's verification). Evidence of employees' rates of pay (including justification for rate paid), and verification no other federal funds are used for this purpose. Evidence that work was accomplished in accordance with the terms of the grant Memorandum of Agreement (final project report or products) and records to document the process are submitted). Evidence that the method for selecting professional services was in accordance with Federal procurement requirements. Comparisons schedule showing proposed costs vs. actual costs. TEXAS HISTORICAL COMMISSION ALLOWABLE TRAVEL RATES The Commission will reimburse a participant traveling for purposes of the program when identified in the Application. Since travel allowances may vary among federal, state or local organizations, a traveler will be reimbursed the lowest allowed amount. Check with a representative of your local government to verify local rates. Receipts for all expenses must accompany request for reimbursement. Lodging: $85/night* Mileage: $0.455/mile Meals: $36/day* * Lodging and meal rates may vary upon location. To check the current rates for your location, please visit the U.S. General Services Administration web site at: www.gsa.gov/portal/category/21287 MISCELLANEOUS FORMS The following are versions of time sheets, travel records and donated materials forms. Although it is not necessary to use these specific forms, it is necessary to record the name of the laborer, name of supervisor, date of donation to ensure it falls within the grant period and value of donation on any form used. If desired, SHPO staff will review any proposed format to ensure compliance with these requirements. TEXAS. HISTORICAL COMMISSION BILLING STATEMENT FORMAT [Date] TO: Texas Historical Commission P.O. Box 12276 Austin, TX 78711-2276 FROM: [Name & Address of Certified Local Government] TAX IDENTIFICATION NUMBER: RE: CLG Billing Enclosed is documentation to support a billing for $ [amount] to cover work done under the grant contract number TX -11 -[XXX] dated [initial date of contract] for [activity] as identified in the Project Notification received as part of the contract. I certify no other Federal funds were used for either the match or actual expenditures incurred during the execution of this project. Please send the above amount to: [Name & Address of CLG and/or department to receive funds] PROPOSED Activity Activity Activity Sincerely, ACTUAL Federal Match Federal Match (Original Signature) [Name] [Title/Office] Enclosures: time sheets receipts cancelled checks or copies of bank statements copies of final products TEXAS. HISTORICAL COMMISSION Historic Preservation Commission VOLUNTEER'S NAME TIME SHEET Date Project Project Project Hours X Rate = Total Totals PROJECT OR ACTIVITY EXPENSES Date Project number Item (attach receipt) Amount RD Date Project number Odometer Start Odometer Finish Total Miles X $.445 Project 1: Project 2: Project 3: Project 4: I certify that the work donated towards the completion of this project was not used as match for any other project and that it was completed during the grant period. TEXAS HISTORICAL COMMISSION Volunteer Date Supervisor Date TRAVEL RECORD Name: TEXAS HISTORICAL COMMISSION Purpose: DATE AND TIME OF DEPARTURE ORIGIN/ DESTINATION MEALS LODGING OTHER (IDENTIFY) TRANSPORTATION Totals: Auto miles: miles X $.455/mile = Total Amount for Travel: Traveler Date Supervisor Date Enc.: Receipts TEXAS.. HISTORICAL COMMISSION DONATED LABOR TIME SHEET Project Name Name of Volunteer Type of Work Performed Hourly rate based on A person donating time to a project will be paid at minimum wage unless professionally skilled in the work being performed on the project (photographer taking pictures or data entry done by skilled person). When this is the case, the wage rate the individual is normally paid for performing this service may be charged to the project. DATE DESCRIPTION OF WORK NUMBER OF HOURS X RATE = Value of Donation: I certify that the work donated towards the completion of this project was not used as match for any other project and was completed during the grant period. Signature of Volunteer Date Signature of Supervisor Date TEXAS HISTORICAL COMMISSION: VALUE OF DONATED MATERIAL AND EQUIPMENT Project Name Donor Description of Material Donated Date of Donation Fair Value Basis of Value Total Value of Donation: Signature of Donor Date Project Supervisor Date