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Ord 20-2013 4/16/2013 ORDINANCE NO. 20-2013 Ordinance Authorizing The City Manager And Mayor To Execute All Documents Necessary To Accept Grant Funds Through The Texas Historical Commission In The Amount Of $21,000 To Update A Historic Preservation Survey And Plan For Wichita Falls, And Making Appropriations Into The Special Revenue Fund WHEREAS, the City of Wichita Falls, in conjunction with the Landmark Commission, through grant contract TX-13-022 with the Texas Historical Commission (THC), will research, revise, collaborate and produce an updated policy document — Historic Preservation Survey and Plan for Wichita Falls; WHEREAS, this project will assist local residents, the Landmark Commission and City staff by creating a document to increase community awareness of key historic resources throughout the community while outlining long-term preservation goals and priorities; and WHEREAS, approval of these funds could not have been anticipated prior to the adoption of the FY 2012-2013 budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . Grant funds in the amount of $21 ,000 from the Texas Historical Commission (THC) are hereby appropriated to the Special Revenue Fund to assist in the research, development, and production of the updated Historic Preservation Survey and Plan. 2. The sum of $12,000 is hereby appropriated from the General Fund to the Special Revenue Fund to provide for the City's monetary contribution for the THC Grant. 3. The City Manager and Mayor are hereby authorized to execute all documents necessary to accept the aforementioned grant in a form to be approved by the City Attorney. PASSED AND APPROVED this the 16t" day of April, 2013. ATTEST: M A Y O R City Clerk EXHIBIT A TEXAS HISTORICAL COMMISSION FISCAL YEAR 2013 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT CONTRACT TX-13-022 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 Wichita Falls hereinafter referred to as Grantee. II. PURPOSE This contract is entered into pursuant to a grant made to the Commission for fiscal year 2013 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 0.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. III. 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 Survey/Inventory Projects (Attachment 13). 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$21,000.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. V. PERIOD This contract shall commence on March 1,2013 and shall terminate on December 31,2014. It is further agreed that all work associated with this project shall be completed by September 30,2014 and all materials stipulated in Attachments A and B and all reimbursement requests shall be submitted to the Commission by October 31,2014. 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 31,2014.All expenses incurred by the Grantee associated with work completed after September 30,2014 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 March 1,2013 and August 31,2014 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 April 30,2013,August 30,2013,December 31,2013,April 30,2014, and August 30,2014.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$21,000.00 in federal funds.The Grantee agrees to contribute matching share,either donated services or cash match,for a minimum total of$21,000.00 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 251'0 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: Tbis 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 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 sbould 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 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-lacy/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 2013 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 terns of this contract.Persons signing are expressly authorized to obligate the parties to the terms of this contract. TEXAS HISTORICAL COMMISSION: GRANTEE: Signature Signature Mark Wolfe,Executive Dir ctor Typed Name&Title Typed Name&Title of Chief Elected Official 760'&�? Date Date THIRD PARTY DESIGNEE: (IF APPLICABLE) Signature Typed Name&Title of Delegated Third Party Date APPROVED AS TO FORM BY: S' afar Joe H.Thrash,Assistant Attorney General Typed Name&Title Z i14 l3 Date Texas Historical Commission P.O. Box 12276 Austin,TX 78711-2276 512.463.6100 TEXAS HISTORICAL COMMISSION fax 512.475.4872 real places telling real stories thc@thc.state.tx.us www.thc.statc.tx.us ATTACHMENT A PROJECT NOTIFICATION TITLE:City of Wichita Falls—Historic Preservation Survey and GRANT NUMBER:TX 13-022 Plan Update AREA AFFECTED BY PROJECT: TOTAL PROJECT COST: $43,610.00 Wichita County 50%FEDERAL SHARE: $21,000.00 CONGRESSIONAL DISTRICT:1 50%NONFEDERAL SHARE: $22,610.00 STATE CONTACTS: CLG Coordinator. 512.463.7812 TYPE: NEW:® REVISION:❑ Megan Koch: 512.463.3805 PRE-DEVELOPMENT: YES:❑NO: Brad Patterson: 512.936.2315 1.SUBGRANTEE: PROJECT MANAGEMENT FISCAL MANAGEMENT Contact: Karen Montgomery-Gagne Patrick Halverson PlanningAdministrator Contact: Finance Manager Address: City of Wichita Falls Address: City of Wichita Falls PO Box 1431,Room#400 PO Box 1431,Room#400 Wichita Falls,TX 76307 Wichita Falls,TX 76307 Email Address: Karen.montgomery@wichitafallstx.gov Email Address: Pat.halverson@wichitafallstx.gov Phone: 940.761.7451 Phone: 940.761.7476 Fax: 940.761.7419 Fax: 940.761.7470 2.MATCHING SHARE: Donor: Subgrantee Donor: Subgrantee Source: City of Wichita Falls Source: City of Wichita Falls Kind: Local Cash Kind: In-Kind Amount: $ 12,000.00 Amount: $ 10,610.00 3.BUDGET: IN-KIND CASH FEDERAL TOTAL MATCH Determine and finalize sites for survey $ 520.00 $ $ $ 520.00 Provide GIS data $ 220.00 $ $ $ 220.00 Prepare fieldwork routes for volunteers $ 220.00 $ $ $ 220.00 Attend training session for volunteers $ 390.00 $ $ $ 390.00 Photograph previously identified $ 3 properties&complete survey forms 270.00 $ $ $ 3,270.00 Scan old and new survey data and link to database $ 2,180.00 $ $ $ 2,180.00 Maintain photo logs linking images to surveyed properties $ 2,180.00 $ $ $ 2,180.00 Resolve issues identified by HHM $ 1,630.00 $ $ $ 1,630.00 Phase I Update Historic Resources Survey $ $ 12,000.00 $ 15,000.00 $ 27,000.00 Phase 11-Update Preservation Plan $ $ $ 6,000.00 $ 6,000.00 TOTAL $ 10,610.00 $ 12,000.00 $ 21,000.00 $ 43,610.00 4.PURPOSE: Fund the update of the City's Historic Preservation Survey and Plan. 5.BEGINNING&ENDING DATES: March 1,2013—September 30,2014 S.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."rU 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 Date TEXAS HISTORICAL COMMISSION ATTACHMENT B EXPECTED PRODUCTS OF HISTORIC RESOURCES SURVEY AND INVENTORY PROJECTS Surveys are a process of identifying and gathering data on a community's historic resources.In as comprehensive a manner as possible,surveys document all potentially historic buildings,objects,structures, sites and districts within a given geographical boundary.Surveys assign high,medium or low priority rankings to these resources.Initial identification is followed by a phase that concentrates on high priority properties, generally those which may be eligible for inclusion in the National Register of Historic Places. Such resources are of significance in American history,architecture,archeology and culture,and generally are more than 50 years of age.The full range of products for a historic resources survey includes the following,with representative samples appended. Two(2)copies(one bound hard copy and one electronic copy archival CD or DVD-R)of the report and all photographic documentation,maps,etc.shall be submitted. • A Texas Historic Sites Inventory Form must be provided for every NRHP-eligible(e.g.individual or contributing to a district)property in the survey area.Utilize the THC survey database form(in Microsoft Access software format). • Photo documentation for all surveyed sites must be provided.Color digital images,saved in 8-bit(or larger)color format,must be used and named in a manner which will help identify them in isolation from the survey. Save survey images as JPGs,but do not alter the images(other than naming the files) before saving them to a CD or portable media for submission to the THC.In addition,a second set of digital images are encouraged which shall include all NRHP-eligible properties and representative streetscapes.Digital format shall consist of.JPEG;300dpi resolution;3000x2000 in size;and submitted on archival CD or DVD-R.Proper identification of each view must be provided with all photo documentation,utilizing the standard 2-letter Texas county abbreviations recognized by TARL.Photos taken with camera phones,disposable or single-use digital cameras,digital cameras with fewer than two megapixels of resolution will not be accepted. • Detailed Maps must identify the location of all surveyed properties and districts.Local maps(preferably with building footprints)or USGS 7.5 series maps may be used to identify clearly surveyed sites and their site numbers.A figure for the total number of acres surveyed must also be provided.Maps developed using GIS data is encouraged but not required. • A Final Report must outline the survey's purpose and methodology.In addition,observations about the background history of the area,patterns of settlement,development trends and resource distribution shall be included.Results should discuss analysis,implications and recommendations for local,state and federal historical designation and other appropriate preservation methods.This report must be in conformance with the U.S. Secretary of the Interior's Guidelines for Identification. • All of the above-mentioned products become the property of the THC upon completion of the grant project. Survey and inventory projects may modify the full range of products,as specified by the attached Project Proposal. 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. TEXAS HISTORICAL 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.reg.),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. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT/ORGANIZATION DATE SUBMITTED APPLICANT/ORGANIZATION MAILING ADDRESS 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. Qune 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 1 91 60-1 921 1).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,18"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 2013 CERTIFIED LOCAL GOVERNMENT (CLG) CONTRACT AMENDMENT Amendment to CLG Grant Number: Title: 1. Subgrantee: Contact: Address: Phone: 2. Amendment Type(Please select one below) ❑Matching Share-must include revised Budget Summary ❑Budget-must include revised Budget Summary ❑Scope-must include revised Project Description ❑ 30 Day No Cost Extension*-must include explanation *30 Day No Cost Extension does not extend September 30 deadline for expending CLG funds. Regardless of extension all CLG funds must be expended by September 30 and reimbursements submitted to the THC no later than October 31. 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 State Historic Preservation Officer Approval Date TEXAS HISTORICAL COMMISSION ATTACHMENT F REIMBURSEMENT REQUEST PROCEDURES AND REQUIRED RECORDS The required reimbursement procedures and format are found in this chapter.Requests must be received by THC no later than October 31,2014,and may be submitted electronically as a pdf file or hard copy by US mail,or local land-carrier service.Each request must be separated accordingly per grant number.Requests for payment shall be accompanied by complete documentation,including receipts for all expenses and all products identified in the approved application.Non-federal or match share should be documented in the same method as federal expenditures.Acceptable documentation must show: 1. invoices in the name of the CLG; 2. invoice dates within the project/contract period; 3. purchase price compatible with the estimated budget costs; 4. purchase(s)relevant to the scope of the project/contract; 5. copies of properly endorsed cancelled checks (both front and back); G. evidence that invoices were properly approved for payment including evidence that discounts and other credits were deducted and evidence that merchandise/services were received; 7. copies of daily time records including supervisor's verification of time worked,and evidence of employees' rates of pay including justification for rates paid; 8. evidence that work was accomplished in accordance with the terms of the grant agreement and evidence that the method for selecting professional services was accomplished in accordance with federal procurement requirements. Grant participants should maintain any other documentation that might be useful to an auditor in verifying the propriety of the procedures used and compliance with federal and state regulations. CLG's must retain financial records,supporting documents,statistical records,and all other records pertinent to a grant for a period of three years or until an acceptable audit has been performed and resolved.The three-year retention period begins from the date of the submission of the final expenditure report.The grant participant will provide access to,and the right to examine,all records,books,papers or documents related to the grant to authorized representatives of the Texas Historical Commission.Only items listed in the approved Budget and Application will be approved for payment. Under the"Single Audit Act of 1984,"a single,comprehensive,organization-wide audit of local governments receiving any federal funds will be conducted.Governments that receive$100,000 or more in federal funds from all sources during their fiscal year will be required to have a single audit.Governments receiving between$25,000 and $100,000 federal assistance have the option of having a single audit or complying with any applicable audit requirements of the individual grants they have received.Governments receiving less than$25,000 are exempt from the act.The CLG is responsible for covering the cost of the audit. 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. 7. For your guidance,the following is the checklist used by the SHPO to evaluate a CLG's billing. (a.) Signed invoice from the local government to the SHPO with federal tax identification number. TEXAS HISTORICAL COMMISSION (b.) 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. (f.) Copies of daily time records (including supervisor's verification). (g.) Evidence of employees'rates of pay(including justification for rate paid),and verification no other federal funds are used for this purpose. (h.) 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). (i.) Evidence that the method for selecting professional services was in accordance with Federal procurement requirements. (j.) 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.