HomeMy WebLinkAboutContract 62042Page 1 of 15
TEXAS HISTORICAL COMMISSION
FISCAL YEAR 2024 CERTIFIED LOCAL GOVERNMENT (CLG) GRANT
CFDA: 15.904
FEDERAL AGENCY: NATIONAL PARK SERVICE (NPS)
GRANT CONTRACT
TX-24-003
ARTICLE I. PARTIES
The parties of this contract (“Contract”) are the Texas Historical Commission (the “Commission” or
“THC”), an agency of the State of Texas; and the City of Fort Worth (“Grantee”).
ARTICLE II. PURPOSE
This Contract is entered into pursuant to a grant made to the Commission for fiscal year 2024 by the
U.S. Department of the Interior, National Park Service, under the provisions of the National Historic
Preservation Act of 1966 and as amended, P.L. 89-665 (54 U.S.C. 300101 et seq.) and pursuant to the
terms and conditions of the Historic Preservation Fund (HPF) Grants Manual, 2007. 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.
ARTICLE 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.
Products developed under this agreement must conform to the requirements of the Commission and the
Project Proposal, as stipulated in the Expected Products of Historic Resources Survey and Inventory
Projects (Attachment B). Grantee will complete a reconnaissance-level historic resources survey and
update the inventories for ten local historic districts as described in the grant application. Survey data
and report will comply with the Commission’s state inventory form and standards. The Grantee will
submit a copy of the final survey report to the Commission in accordance with 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. All subcontracted services and products must be procured according to
Federal procurement standards set forth in Chapter 17 of the HPF Grants Manual, 2 CFR Part 200.317-
200.326, 43 CFR 12.940-12.948, and 43 CFR 12.76 (See Attachment N). 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 the U.S. Department of the
Interior Civil Rights Assurance (Attachment D) and return the signed form to the Commission with
this Contract. Similarly, all consultants, subcontractors, and subrecipients retained by the Grantee must
sign the Assurances for Consultants, Subrecipients or Subcontractors (Attachment D.1). 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.
ARTICLE IV. AMOUNT OF THE CONTRACT
The total amount of this Contract shall not exceed $36,770.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.
ARTICLE V. PERIOD
This Contract shall commence on the date it is executed by both parties and shall terminate on
December 31, 2026. It is further agreed that all work associated with this project shall be completed by
September 30, 2026, and all materials stipulated in Attachments A and B and all reimbursement
requests shall be submitted to the Commission by October 31, 2026.
An extension for completing products 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(s) must be received by
the Commission no later than December 31, 2026. All expenses incurred by the Grantee associated with
work completed after September 30, 2026, shall be considered ineligible for reimbursement under this
grant contract.
Contract amendments may be submitted in writing using the Certified Local Government (CLG)
Contract Amendment Form (Attachment E) at any time between execution of the Contract and
December 31, 2026, at the option of the Commission.
ARTICLE VI. INDEPENDENT CONTRACTOR STATUS; INDEMNITY AND HOLD
HARMLESS AGREEMENT
The Grantee is a Texas Municipal Corporation. It is not an agency of the State of Texas. It is expressly
understood and agreed that the Grantee and Grantee’s subcontractors, if any, are independent contractors
and not employees of the Commission. The Grantee or any subcontractor shall not be considered the
agent, the servant, or the employee of the Commission for any purpose whatsoever.
If the Grantee is authorized by this Contract to use grant funds for contractual purposes, all
persons furnished, used, retained, or hired by or on behalf of the Grantee or any of the Grantee’s
subcontractors shall be considered to be solely the employees or agents of the Grantee or
Grantee’s contractors. The Grantee or Grantee’s contractors shall be responsible for ensuring that
any and all appropriate payments are made, such as unemployment, workers compensation, social
security, and other payroll taxes for such persons, including any related assessments or
contributions required by law. In no event shall this provision relieve Grantee of the responsibility
for ensuring that the services rendered, or products, materials, or items provided under all
subcontracts are rendered in compliance with this Contract.
To the extent allowed by law, the Grantee or subcontractors are responsible for any and all claims
whatsoever due to actions or performance under this grant, including, but not limited to, the use
of automobiles or other transportation taken by its owners, incorporators, officers, directors,
employees, volunteers or any third parties. TO THE EXTENT ALLOWED BY LAW, THE
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GRANTEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF
TEXAS AND THE COMMISSION, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES,
REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY
AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED
COSTS, ATTORNEY FEES, AND EXPENSES, ARISING OUT OF, OR RESULTING FROM
ANY ACTS, PERFORMANCE, OR OMISSIONS OF THE GRANTEE OR ITS AGENTS,
EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND
ANY PURCHASE ORDERS ISSUED. UNDER THIS CONTRACT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENT ACT OR OMISSION, INTENTIONAL TORT, INTELLECTUAL
PROPERTY INFRINGEMENT, OR THE FAILURE TO PAY A SUBCONTRACTOR. THE
DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS
ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN
ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT
FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS
ATTORNEY GENERAL. GRANTEE AND THE COMMISSION AGREE TO FURNISH
TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
ARTICLE VII. DOCUMENTATION AND PAYMENT
The 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 (Attachment F). The 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 it currently exists and is currently available at
https://www.thc.texas.gov/preserve/projects-and-programs/certified-local-government/grant-
information, 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 Reports will be due on August 31, 2024, December 31, 2024, April 30, 2025,
August 31, 2025, December 31, 2025, April 30, 2026, and August 31, 2026. The Grantee represents
and warrants that it will submit timely, complete, and accurate reports in accordance with the grant and
maintain appropriate backup documentation to support the reports. 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 Estimated Project
Budget (Attachment M), 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 $36,770 in
federal funds. The Grantee agrees to contribute matching share, either donated services or cash match,
for a minimum total of $36,770 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 Contract. 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 material, products, and
deliverables and the Commission’s comments are incorporated therein; (b) receipt of final reports; and
(c) receipt of properly documented reimbursement materials.
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Subject to the limitations of the Contract, the Commission’s payments will be made in accordance with
the Texas Prompt Payment Act.
The Commission shall only reimburse costs incurred and paid by the Grantee during the term of this
grant. The Commission shall only reimburse the Grantee for employee costs that are directly related to
performing the responsibilities of this grant.
ARTICLE VIII. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES OR OTHER
RECOGNIZED ACCOUNTING PRINCIPLES
The Grantee shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the
American Institute of Certified Public Accountants, unless other recognized accounting principles are
required by the Grantee.
ARTICLE IX. REFUNDS AND DEDUCTIONS
If the Commission determines that the Grantee has been overpaid grant funds under this Contract, such
as payments made inadvertently or payments made but later determined to not be actual and allowable
allocable costs, the Grantee shall refund that amount of the Commission reimbursement identified by the
Commission as an overpayment. The Commission may offset and deduct the amount of the
overpayment from any amount owed to the Grantee, as a reimbursement, but not yet paid by the
Commission to the Grantee. The Commission may choose to require a payment directly from the
Grantee rather than offset and deduct a specified amount. The Grantee shall refund any overpayment to
the Commission within thirty (30) calendar days of the receipt of the notice of the overpayment from the
Commission unless an alternate payment plan is specified by the Commission.
ARTICLE X. REQUIRED REPORTS; COOPERATION; NOTIFICATION OF CHANGES IN
ORGANIZATION
The Grantee shall forward to the Commission the applicable reports on forms as specified by the
Commission or as required under Attachment B. The Grantee shall ensure that it files each document or
form required by the Commission in an accurate and timely manner. Unless filing dates are given herein,
all other reports and other documents that the Grantee is required to forward to the Commission shall be
promptly forwarded. From time to time, the Commission may require additional information from the
Grantee.
The Grantee shall cooperate fully with the Commission. In addition to the information contained in the
required reports, other information may be required as requested by the Commission.
The Grantee shall submit, within ten (10) business days, notice to the Commission of any change of the
following: Grantee’s name; contact information; key personnel, officer, director, or partner;
organizational structure; legal standing; or authority to do business in Texas. The Grantee shall promptly
notify the Commission, preferably in advance, of a change in address or main telephone number of the
Grantee. A change in the Grantee’s name requires an amendment to the grant.
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ARTICLE XI. STANDARDS FOR FINANCIAL AND PROGRAMMATIC MANAGEMENT
The Grantee and its governing body shall bear full and sole responsibility for the integrity of the fiscal
and programmatic management of the organization. The Grantee and its governing body shall also
implement policies and procedures to ensure the integrity of the fiscal and programmatic management of
the organization.
Such fiscal and programmatic management shall include accountability for all funds and materials
received from the Commission; compliance with Commission rules, policies and procedures, and
applicable federal and state laws and regulations; and correction of fiscal and program deficiencies
identified through self-evaluation and/or the Commission's monitoring processes. Ignorance of any
grant provisions or other requirements referenced in this Contract or the HPF Grants Manual shall not
constitute a defense or basis for waiving or failing to comply with such provisions or requirements.
The Grantee shall develop, implement, and maintain appropriate financial management and control
systems, which include budgets that adequately reflect all functions and resources necessary to carry out
authorized activities and the adequate determination of costs; accurate and complete payroll, accounting,
and financial reporting records; cost source documentation; effective internal and budgetary controls;
allocation of costs; timely and appropriate audits and resolution of any findings; and applicable annual
financial statements.
ARTICLE XII. CORRECTIVE ACTION PLAN
If the Commission finds deficiencies in Grantee’s performance under this grant, the Commission, at its
sole discretion, may impose one or more of the following remedies as part of a corrective action plan:
increase monitoring visits; require that additional or more detailed financial and/or programmatic reports
be submitted; require prior approval for expenditures; require additional technical or management
assistance and/or make modifications in business practices; reduce the grant amount; and/or terminate
this grant. The foregoing are not exclusive remedies, and the Commission may impose other
requirements that the Commission determines will be in the best interest of the State.
ARTICLE XIII. OWNERSHIP OF PRODUCTS AND DELIVERABLES OF THIS CONTRACT
All material, concepts, and products including but not limited to all software, software tools, reports,
plans, ordinances, standards, guidelines, indexes, surveys, tables, photographs, nominations, maps,
forms, user-inputted data, records created or maintained in ay database repository, or other products
(“Deliverables”) that are produced, developed or conceived by the Grantee during or arising out of the
Contract are, or shall become, the property of the Commission, and all rights, title and interest, including
all intellectual property rights to these products and Deliverables shall vest in , and shall be deemed to
be works made for hire upon creation and made in the course of the services rendered pursuant to this
Contract. To the extent that title to any such product or Deliverable may not, by operation of law, vest in
the Commission, or such work may not be considered a work made for hire, all rights, title and interest
therein, including all intellectual property rights, are hereby irrevocably assigned to the Commission,
without further action or consideration. Upon termination or expiration of this Contract, all products and
Deliverables including all documents, data (including databases), information, software, procedures, and
everything created or gathered pursuant to this Contract shall be provided to the Commission upon
request.
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The Commission hereby grants, and Grantee accepts a non-exclusive, non-transferable, non-assignable,
fully-paid, royalty-free, perpetual, worldwide, revocable right and license, to use, reproduce, copy,
modify, distribute, publicly-perform, publicly-display, and create derivative works of the products and
Deliverables for the purpose of performing under this Contract. Notwithstanding the foregoing, the
Grantee shall have an unrestricted right to use any or all products so produced, developed, or conceived
and any component of such intellectual property made the subject of this Contract, at no additional cost
in any manner the Commission deems appropriate at its sole discretion.
The parties hereby acknowledge and agree that National Park Service (“NPS”) is granted a royalty-free,
nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to
use: (1) the copyright in any work, products, or Deliverable developed under this Contract; and (2) any
rights of copyright to which Grantee purchases ownership during the performance of this Agreement or
with funds received under this Agreement.
Pursuant to the stipulations in Attachment B, all final products and completion reports, if
applicable (Attachment H) 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 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 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.
ARTICLE XIV. TERMINATION
Termination for Convenience. Either party may, at its sole discretion, terminate this Contract without
recourse, liability, or penalty, upon a seven (7) calendar day notice to the other party. In the event that
notice of termination is given, all work by the Grantee shall cease and no amount shall be paid by the
Commission for work performed following the receipt of notice of termination by the Grantee. The
Grantee shall be paid for all work performed prior to the notice of termination, and accepted by the
Commission, in accordance with the terms of the Contract. Final invoices shall be submitted to the
Commission no later than 30 days following the date of termination of this Contract.
Termination for Cause. In the event that the Grantee fails to perform or comply with an obligation of
the terms, conditions, and provisions of this Contract of the HPF Grants Manual, the Commission may,
upon written notice of the breach to the Grantee, immediately terminate this Contract.
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Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an
exclusive remedy but will be in addition to any other rights and remedies provided in equity, by law, or
under this Contract.
ARTICLE XV. 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. The venue of any suit arising under this Contract is fixed in
any court of competent jurisdiction of Travis County, Texas. All projects funded under the Certified
Local Government grant program must meet the Secretary of the Interior’s Standards. The Standards can
be accessed at the National Park Service web site:
https://www.nps.gov/subjects/historicpreservation/upload/standards-guidelines-archeology-historic-
preservation.pdf.
ARTICLE XVI. AUDIT AND RECORDS RETENTION
The Grantee represents and warrants its compliance with the records retention requirements of 2 CFR §
200.333. The Grantee must maintain and retain all records relating to the performance of the grant
including, but not limited to, administrative, financial, procurement, reporting, and any other grant-
related records and supporting fiscal documents adequate to ensure that claims for grant funds are in
accordance with applicable State of Texas requirements. These records will be maintained and retained
by the Grantee for a period of seven (7) years following the grant expiration date or until all audit, claim,
and litigation matters are resolved, whichever is later. This period begins on the date of receipt of the
final reimbursement by the Grantee, or if applicable, after any issues have been resolved that may have
arisen from any litigation, claim, negotiation, audit, open records request, or any other action involving
these records.
The Commission reserves the right to direct the Grantee to retain documents for a longer period of time
or transfer certain records to Commission custody when it is determined the records possess longer term
retention value. The Grantee must include the substance of this clause in all subawards and subcontracts.
The Grantee will provide full access to these records to the Commission as well as any authorized
Federal, state, or independent auditors, to examine their contents and procedures to verify compliance
with Federal and state regulations.
United States Code of Federal Regulations 2 CFR 200, Subpart F, requires that all non-Federal entities
that expend $750,000 or more in federal awards from all sources during any fiscal year must undergo a
Single Audit or program-specific audit for that year. This grant award is to be reported under Catalog of
Federal Domestic Assistance (CFDA) #15.904, Historic Preservation Fund Grants, if applicable. Single
Audits must be submitted electronically by the Grantee to the Federal Audit Clearinghouse along with a
data collection form (Form SF-SAC) within 30 days after receipt of the auditor’s report, or nine months
after the end of the audit period, whichever is earlier. If you have questions regarding the submission or
processing of your Single Audit package, contact the Federal Audit Clearinghouse at (800) 253-0696 or
by email at govs.facs@census.gov.
The Grantee is responsible for covering the cost of any audits conducted.
In addition to the terms of this Contract, all federal laws and regulations governing grants are applicable,
including the entirety of 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit
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Requirements for Federal Awards. This CFR is effective for audit years beginning after December 26,
2014, and replaces all administrative requirements, cost principles, and audit requirements for grants to
state and local governments under OMB Circulars A-50, A-87, A-102, and A-133.
ARTICLE XVII. CONTRACT NOT ENTITLEMENT OR RIGHT
Reimbursement with Contract funds is not an entitlement or right. Reimbursement depends, among
other things, upon strict compliance with all terms, conditions, and provisions of this Contract and the
HPF Grants Manual. Parties agree that any act, action or representation by either party, their agents or
employees that purports to increase the amount of the contract is void, unless a written amendment is
first executed. The Grantee agrees that nothing in this Contract will be interpreted to create an
obligation or liability of the Commission in excess of the funds delineated in this Contract.
ARTICLE XVIII. FUNDING LIMITATION
Grantee agrees that nothing in this grant will be interpreted to create an obligation or liability of the
Commission in excess of the funds delineated in this grant. The Grantee agrees that funding for this
Contract is subject to the actual receipt by the Commission of grant funds (state and/or federal)
appropriated to the Commission. The Grantee agrees that the grant funds, if any, received from the
Commission are limited by the term of each state biennium and by specific appropriation authority to
and the spending authority of the Commission for the purpose of this Contract. The Grantee agrees
that notwithstanding any other provision of this Contract, if the Commission is not appropriated
the funds or if the Commission does not receive the appropriated funds for the purpose of this
grant program, or if the funds appropriated to the Commission for this grant program are
required by the state or federal government to be reallocated, the Commission is not liable to pay
the Grantee any remaining balance on this Contract.
ARTICLE XIX. STATE AUDITOR
In addition to and without limitation on the other audit provisions of this Contract, pursuant to Section
2262.154 of the Texas Government Code, the State Auditor’s Office may conduct an audit or
investigation of the Grantee or any other entity or person receiving funds from the State directly under
this Contract or indirectly through a subcontract under this Contract. The acceptance of funds by the
Grantee or any other entity or person directly under this Contract or indirectly through a subcontract
under this Contract acts as acceptance of the authority of the State Auditor’s Office, under the direction
of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds.
Under the direction of the Legislative Audit Committee, the Grantee or any other entity that is the
subject of an audit or investigation by the State Auditor’s Office must provide the State Auditor’s Office
with access to any information the State Auditor’s Office considers relevant to the investigation or audit.
The Grantee further agrees to cooperate fully with the State Auditor’s Office in the conduct of the audit
or investigation, including providing all records requested. The Grantee shall ensure that this paragraph
concerning the authority to audit funds received indirectly by subcontractors through the Grantee, and
the requirement to cooperate, is included in any subcontract it awards. The State Auditor’s Office shall
at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books,
documents, working papers, and records of the Grantee related to this Contract.
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ARTICLE XX. FEDERAL AND STATE LAWS, RULES AND REGULATIONS, DIRECTIVES,
GUIDELINES, OMBS AND OTHER RELEVANT AUTHORITIES
The Grantee agrees to comply with all applicable federal and state laws, rules and regulations,
directives, guidelines, OMB circulars, or any other authorities relevant to the performance of the
Grantee under this Contract.
ARTICLE XXI. STANDARD FEDERAL AND STATE GRANT CERTIFICATIONS
Child Support Obligation Affirmation.To the extent applicable, under Section 231.006 of the Family
Code, the Grantee certifies that the individual or business entity named in this Contract is not ineligible
to receive the specified grant and acknowledges that this Contract may be terminated and payment may
be withheld if this certification is inaccurate in addition to other remedies set out in 231.006(f).
Compliance With Law, Rules, and Requirements. The Grantee represents and warrants that it will
comply, and assure the compliance of all its subrecipients and contractors, with all applicable federal
and state laws, rules, regulations, and policies in effect or hereafter established, including but not limited
to the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter 783, as
amended. The Grantee also agrees to comply with the HPF Grants Manual, 2007 and as updated, the
Texas Grant Management Standards (TxGMS), as promulgated by the Texas Comptroller’s Office. In
addition, the Grantee represents and warrants that it will comply with all requirements imposed by the
Commission concerning special requirements of law, program requirements, and other administrative
requirements. In instances where multiple requirements apply to the Grantee, the more restrictive
requirement applies.
Contract Oversight. Grantee represents and warrants that it will maintain oversight to ensure that
contractors perform in accordance with the terms, conditions, and specifications of their contracts or
purchase orders.
Cybersecurity Training Programs. Grantee represents and warrants its compliance with Section
2054.5191 of the Texas Government Code relating to the cybersecurity training program for local
government employees who have access to a local government computer system or database. If Grantee
has access to any state computer system or database, Grantee shall complete cybersecurity training and
verify completion of the training program to the Commission pursuant to and in accordance with Section
2054.5192 of the Government Code.
Debarment and Suspension. Grantee certifies that it and its principals are not suspended or debarred
from doing business with the state or federal government as listed on the State of Texas Debarred
Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award
Management (SAM) maintained by the General Services Administration.
Debts and Delinquencies. Grantee agrees that any payments due under this Contract shall be applied
towards any debt or delinquency that is owed to the State of Texas.
Disclosure of Violations of Federal Criminal Law. Grantee represents and warrants its compliance
with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal criminal law
involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative
proceedings to SAM.
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Disclosure Protections for Certain Charitable Organizations, Charitable Trusts, and Private
Foundations. Grantee represents and warrants that it will comply with Section 2252.906 of the Texas
Government Code relating to disclosure protections for certain charitable organizations, charitable trusts,
and private foundations.
Dispute Resolution. The dispute resolution process provided in Chapter 2009 of the Texas Government
Code is available to the parties to resolve any dispute arising under the agreement.
Excluded Parties. Grantee certifies that it is not listed in the prohibited vendors list authorized by
Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the
Treasury, Office of Foreign Assets Control.
Executive Head of a State Agency Affirmation. Under Section 669.003 of the Texas Government
Code, relating to contracting with an executive head of a state agency, Grantee represents that no person
who served as an executive of the Commission, in the past four (4) years, was involved with or has any
interest in the contract or grant. If Grantee employs or has used the services of a former executive of the
Commission, then Grantee shall provide the following information to the Commission: name of the
former executive, the name of the state agency, the date of separation from the state agency, the position
held with the Commission, and the date of employment with the Commission.
Law Enforcement Agency Grant Restriction. If Grantee is a law enforcement agency regulated by
Chapter 1701 of the Texas Occupations Code, Grantee represents and warrants that it will not use
appropriated money unless the law enforcement agency is in compliance with all rules adopted by the
Texas Commission on Law Enforcement (TCOLE), or TCOLE certifies that it is in the process of
achieving compliance with such rules.
Legal Authority. Grantee represents that it possesses legal authority to apply for the grant. A resolution,
motion or similar action has been duly adopted or passed as an official act of the Grantee’s governing
body, authorizing the application for this grant, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official representative, or the designee
of Grantee to act in connection with the Contract and to provide such additional information as may be
required.
Limitations on Grants to Units of Local Government . Grantee acknowledges and agrees that
appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local
government unless the terms of the grant or contract require that the funds received under the grant or
contract will be expended subject to the limitations and reporting requirements similar to those provided
by the following:
Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for
increased salaries for local government employees;
Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and
Sections 2113.012 and 2113.101 of the Texas Government Code.
Lobbying Expenditure Restriction. Grantee represents and warrants that the Commission’s payments
to Grantee and Grantee’s receipt of appropriated or other funds under the Contract are not prohibited by
Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures.
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Open Meetings.If the Grantee is a governmental entity, the Grantee represents and warrants its
compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called
meetings of a governmental body to be open to the public, except as otherwise provided by law.
Political Polling Prohibition. The Grantee represents and warrants that it does not perform political
polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity
which performs political polling.
Public Camping Ban. The Grantee certifies that it has not received a final judicial determination
finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a
public camping ban in an action brought by the Attorney General under Local Government Code
§364.003. If the Grantee is currently being sued under the provisions of Local Government Code
§364.003, or is sued under this section at any point during the duration of this grant, the Grantee must
immediately disclose the lawsuit and its current posture to the Commission.
Reporting Suspected Fraud and Unlawful Conduct. The Grantee represents and warrants that it will
comply with Section 321.022 of the Texas Government Code which requires that suspected fraud and
unlawful conduct be reported to the State Auditor’s Office.
Subaward Monitoring. The Grantee represents and warrant that it will monitor the activities of the
subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance
with applicable statutes, regulations, and the terms and conditions of the subaward, and that subaward
performance goals are achieved.
ARTICLE XXII. CONFLICTS OF INTEREST; DISCLOSURE OF CONFLICTS
The Grantee has not given or offered to give, nor does the Grantee intend to give at any time hereafter,
any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
service to a public servant or employee of the Commission, at any time during the negotiation of this
Contract or in connection with this Contract, except as allowed under relevant state or federal law. The
Grantee represents and warrants its compliance with the Federal awarding agency’s conflict of interest
policies in accordance 2 CFR § 200.112. The Grantee represents and warrants that performance under
the contract or grant will not constitute an actual or potential conflict of interest or reasonably create an
appearance of impropriety. Further, the Grantee represents and warrants that in the administration of the
grant, it will comply with all conflict of interest prohibitions and disclosure requirements required by
applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. The
Grantee will establish safeguards to prohibit its employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.
The Grantee will operate with complete independence and objectivity without actual, potential, or
apparent conflict of interest with respect to its performance under this Contract. If circumstances change
during the course of the Contract, including discovery of any existing or potential conflicts of interest
relative to the Grantee’s performance under this Contract, the Grantee must disclose and shall promptly
notify the Commission, in writing, within fifteen (15) calendar days of discovery of the change or
conflict.
Page 12 of 15
ARTICLE XXIII. NO WAIVER OF SOVEREIGN IMMUNITY
The parties expressly agree that no provision of this Contract is in any way intended to constitute a
waiver by the Commission or the State of Texas of any immunities from suit or from liability that the
Commission or the State of Texas may have by operation of law.
ARTICLE XXIV. CONFIDENTIALITY AND PUBLIC INFORMATION ACT
Notwithstanding any provisions of this grant to the contrary, the Grantee understands that the
Commission will comply with the Texas Public Information Act, (Texas Government Code, Chapter
552) as interpreted by judicial opinions and opinions of the Attorney General of the State of Texas.
Information, documentation and other material in connection with this Contract may be subject to public
disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the
Texas Government Code, the Grantee is required to make any information created or exchanged with the
State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public
Information Act, available in a format that is accessible the public at no additional charge to the State.
The Commission agrees to notify the Grantee in writing within a reasonable time from receipt of a
request for information related to the Grantee’s work under this grant. The Grantee will cooperate with
the Commission in the production of documents responsive to the request.
The Grantee shall establish a method to secure the confidentiality of records required to be kept
confidential by applicable federal or state law, rules or regulations. This provision shall not be construed
as limiting the Commission’s access to such records and other information.
ARTICLE XXV. COMPLIANCE WITH REGULATORY AND LICENSING BODIES
The Grantee agrees that it has obtained all licenses, certifications, permits and authorizations necessary
to perform the responsibilities of this grant, and is currently in good standing with all regulatory
agencies that regulate any or all aspects of the Grantee’s business or operations. The Grantee agrees to
remain in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts
and related federal governmental bodies related to the Grantee’s right to conduct business in Texas. The
Grantee agrees to comply with all applicable licenses, legal certifications, inspections, and any other
applicable local ordinances or state or federal laws.
ARTICLE XXVI. AMENDMENT
This grant shall not be modified or amended except in writing, signed by both parties, using the
Certified Local Government (CLG) Contract Amendment Form (Attachment E). Any properly
executed amendment of this grant shall be binding upon the parties and presumed to be supported by
adequate consideration.
ARTICLE XXVII. ENTIRE AGREEMENT, INCLUDING ALL EXHIBITS
This grant, including all exhibits, reflect the entire agreement between the parties with respect to the
subject matter therein described, and there are no other representations (verbal or written), directives,
guidance, assistance, understandings, or agreements between the parties related to such subject matter.
By executing this Contract, the Grantee agrees to strictly comply with the requirements and obligations
of this contract, including all exhibits.
Page 13 of 15
ARTICLE XXVIII. DISPUTE RESOLUTION
The dispute resolution process provided for in Texas Government Code, Chapter 2260, shall be used by
the parties to resolve any dispute arising under this Contract.
ARTICLE XXIX. NOTICES
Any notices and/or documents required hereunder shall be deemed to have been duly provided if in
writing and delivered personally or by pre-paid guaranteed overnight delivery service, or sent postage
prepaid by United States certified mail, return receipt requested. Any such notice shall be effective on
the date of delivery if delivered personally, on the next business day following delivery to the
guaranteed overnight delivery service if the notice was so delivered and the charges were prepaid, or on
the date the recipient signed for the notice if sent by certified mail.
Notices shall be addressed as follows, or at such other address as any party hereto shall notify the
other of in writing:
If to THC:
Texas Historical Commission
P.O. Box 12276
Austin, TX 78711
If to Participant:
City of Fort Worth
Development Services
200 Texas Street
Fort Worth, TX 76102
ARTICLE XXX. 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 of
Attachment C: 36 CFR 61, Professional Qualifications Standards Attachment D: DI
Form 1350, Civil Rights Assurance
Attachment D.1: Assurances for Consultants, Subrecipients or Subcontractors
Attachment E: Certified Local Government (CLG) Contract Amendment Form
Attachment F: Reimbursement Request Procedures
Attachment G: Grant of Easement
Attachment H: Completion Report
Page 14 of 15
Attachment I: Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity
Attachment I.1: Equal Opportunity Clause for Construction Projects
Attachment J: Standard Federal Equal Employment Opportunity Construction Contract
Specification
Attachment K: Equal Employment Opportunity Clause
Attachment L: Certification of Non-Segregated Facilities
Attachment M: Estimated Project Budget
Attachment N: Subcontracts
Page 15 of 15
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 following parties accept the terms of this Contract. Persons signing are expressly authorized to
obligate the parties to the terms of this Contract.
TEXAS HISTORICAL COMMISSION: GRANTEE:
Bradford Patterson, Deputy Executive
Director for Preservation Program
Date Date
THIRD PARTY DESIGNEE: (IF APPLICABLE)
Signature
Typed Name & Title of Delegated Third Party
Date
Attachment B
Page 1 of 2
Historic resources surveys are a process of identifying and gathering data on a community’s historic resources. In as
comprehensive a manner as possible, a survey documents 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 as well as assess eligibility 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 Survey Project Manager must meet the Professional Qualifications Standards as outlined in 36 CFR 61
(Attachment C). Please provide a résumé for the Survey Project Manager.
Project Manager Name: Employed by:
Phone Number: Email address:
Résumé received
Who will be providing the survey fieldwork labor?
Professional consulting firm:
In-house (qualified city/county staff):
Volunteers (university students, local organization):
Per the CLG contract, the Project Manager must contact the Texas Historical Commission’s (THC) Certified Local
Government and Historic Resources Survey staff prior to commencing work.
Contacted:CLG Coordinator (date contacted)
Historic Resources Survey Coordinator (date contacted)
Leslie Wolfenden leslie.wolfenden@thc.texas.gov 512-463-3386
CLG Grant Report Due Dates to the THC
August 31, 2024 project update
December 31, 2024 project update with Research Design Report due
April 30, 2025 project update
August 31, 2025 project update
December 31, 2025 project update
April 30, 2026 project update with Draft Historic Resources Survey Report due
August 31, 2026 project update
September 30, 2026 project completion date with Final Historic Resources Survey Report
Milestones
Research Design due by December 31, 2024 (date received)
Draft Historic Resources Survey Report due by April 30, 2026 (date received)
Final Historic Resources Survey Report due by Sept. 30, 2026 (date received)
ATTACHMENT B
Expected Products of Historic Resources Survey and Inventory Projects
Attachment B
Page 2 of 2
Final Deliverables
One (1) bound hard copy for the THC.The hard copy should be printed on 8½ x 11 and 11 x 17 paper. Do
not use 8½ x 14/legal-sized paper. For binding, use 3-hole punch binder; do not use spiral or comb bindings.
One (1) electronic copy on thumb drive or via a secure file-sharing service.The electronic copy should
include the Historic Resources Survey Report and all photographic documentation, maps, etc. The survey data shall
also be submitted in Microsoft Access, Microsoft Excel, or GIS-based format. This allows the THC to upload the
survey data into the THC Online Atlas database.
Each CLG survey grant recipient is sent a THC Historic Resources Survey Packet via THC’s OneDrive file-sharing
service that includes a THC Access database for survey purposes. While it is not required to use this Access
database, the survey data should include the same information. The full range of products for a historic resources
survey includes the following:
A Research Design Report is written to establish knowledge of the area’s historical development and to list
known existing historical resources such as National Register of Historic Places and districts, Recorded Texas
Historic Landmarks, State Antiquities Landmarks, Official Texas Historical Markers, and local landmarks and
districts, and to provide a map of the area to be surveyed. This report sets up periods of significance and areas
of significance, so surveyors know how to assess the resources while doing fieldwork.
A Draft and Final Historic Resources Survey Report should include the survey’s purpose and methodology,
a historic context (pulled from the Research Design and updated), survey results, and survey recommendations.
Survey 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.
A Historic Resources Survey Form must be provided for each surveyed resource in the survey area. It is
preferred that the THC survey database form (Microsoft Access format preferred) is used, but an equivalent
format is acceptable.
An Inventory Table must be provided for all surveyed resources in the survey area. This should include basic
information about each resource: thumbnail image, address, historic and current name, historic and current
function, construction date, existing designations, National Register of Historic Places eligibility, and Priority
rating at a minimum.
Photo documentation for all surveyed resources must be provided. Color digital images should be saved as
uncompressed TIF files. If this format is not available, save as JPGs. Do not alter images (other than naming
files). The size of each image must be at least 1200 x 1600 pixels at 300 ppi (pixels per inch) or larger (2000 x
3000 preferred). It is recommended that digital images be saved in 8-bit (or larger) color format. Proper
identification of each view must be provided with all photo documentation, utilizing the standard 2-letter Texas
county abbreviations recognized by TARL (see the THC Photo Labeling Protocol). Example: The first image
for 103 East Marshall Street in Pittsburg, Camp County would be: TX-CP-Pittsburg-Marshall-St-E-103-01.tif. In
addition, a second set of digital images of representative streetscape views is encouraged.
Detailed Maps must identify the location of all surveyed resources with their site numbers. Maps developed
using GIS data are strongly encouraged, but not required.
The Project Manager is responsible for reviewing all survey work before submission to the THC. Reports and other
documentation require proper citations and may not be plagiarized. All of the above-mentioned products become
the property of the THC upon completion of the grant project. Survey and inventory projects may be modified, but
should be discussed with and approved by THC staff prior to modification. Attachment E must be submitted with
all contract amendments, including modifications to the deliverables described here.
Attachment C
Page 1 of 2
To ensure 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 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.
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.
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.
ATTACHMENT C
Professional Qualifications Standards
Attachment C
Page 2 of 2
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.
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.
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.
Attachment D
Page 1 of 1
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.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT/ORGANIZATION DATE SUBMITTED
APPLICANT/ORGANIZATION MAILING ADDRESS BUREAU OF OFFICE EXTENDING ASSISTANCE
ATTACHMENT D
U.S. Department of the Interior Civil Rights Assurance
Attachment D.1
Page 1 of 2
Child Support Obligation. Under Section 231.006 of the Family Code, the consultant, subrecipient, or
subcontractor certifies that the individual or business entity named in this contract, bid or application is not
ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated
and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan
paid from state funds must include the name and social security number of the individual or sole proprietor and
each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity
submitting the bid or application.
Discrimination Prohibited. The consultant, subrecipient 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, subrecipient 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,
subrecipient or subcontractor, including installment payments after such date on account of arrangements for
federal financial assistance which were approved before such date. The consultant, subrecipient 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, subrecipient 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, subrecipient or subcontractor.
DI 1350 Addendum.The consultant, subrecipient or subcontractor 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, subrecipient 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.
ATTACHMENT D.1
Assurances for Consultants, Subrecipients or Subcontractors
Attachment D.1
Page 2 of 2
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.
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, 18 th 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 are 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.
Records Retention. The consultant, subrecipient or subcontractor represents and warrants its compliance with the
records retention requirements of 2 CFR § 200.333. The consultant, subrecipient or subcontractor shall maintain
and retain all records relating to the performance of the grant including supporting fiscal documents adequate to
ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records will
be maintained and retained by the consultant, subrecipient or subcontractor for a period of seven (7) years after the
grant expiration date or until all audit, claim, and litigation matters are resolved, whichever is later. The Commission
reserves the right to direct a consultant, subrecipient or subcontractor to retain documents for a longer period of
time or transfer certain records to Commission custody when it is determined the records possess longer term
retention value. The consultant, subrecipient or subcontractor must include the substance of this clause in all
subcontracts.
State Auditor’s Right to Audit. Pursuant to Section 2262.154 of the Texas Government Code, the state auditor
may conduct an audit or investigation of any entity receiving funds from the state directly under any contract or
indirectly through a subcontract under the contract. The acceptance of funds by the consultant, subrecipient or
subcontractor, or any other entity or person directly under the contract or indirectly through a subcontract under
the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit
committee, to conduct an audit or investigation in connection with those funds. Under the direction of the
legislative audit committee, the consultant, subcontractor, or other entity that is the subject of an audit or
investigation by the state auditor must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit. The consultant, subrecipient or subcontractor shall ensure that this
paragraph concerning the authority to audit funds received indirectly by subcontractors through the contract and
the requirement to cooperate is included in any subcontract it awards.
Consultant/Subcontractor Date
Attachment E
Page 1
1. Amendment to CLG Grant Contract Number:
2. Project Title:
2. Grantee:
Contact:
Address:
Phone:
3. Amendment Type (please select one below:)
Contract Terms and Conditions
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
Note: Contract Amendment will not be effective until approved in writing by the Texas Historical Commission.
TEXAS HISTORICAL COMMISSION: GRANTEE:
Signature Signature
Typed Name & Title Typed Name & Title
Date Date
THIRD PARTY DESIGNEE: (IF APPLICABLE)
Signature
Typed Name & Title of Delegated Third Party
Date
*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.
ATTACHMENT E
Certified Local Government (CLG) Contract Amendment Form
Attachment F
Page 1 of 9
The required reimbursement request procedures and format are found in this attachment. Requests must be
received by the THC no later than October 31, 2026, and must be submitted electronically by email or a secure
file-sharing service. CLGs working on multiple grants must submit a separate request for each project.
Requests for payment shall be accompanied by complete documentation, including receipts for all expenses and all
products identified in the approved grant application and contract. Please refer to Chapter 13 of the HPF Grants
Manual for all allowable and unallowable costs: https://www.nps.gov/orgs/1623/upload/HPF-
GrantsManual_2011-508.pdf. Food and drink is an unallowable cost under THC policy, with the exception of per
diem (cost of meals) for traveling employees/volunteers. Only work completed by the September 30, 2026
deadline will be reimbursed. 25% of the total grant award will be retained by the Commission until final
deliverables have been received.
Non-federal (or match share) expenditures should be documented in the same method as federal expenditures.
Use this list of acceptable documentation when preparing a reimbursement request:
_____ (a.) Signed Billing Statement from the local government to the THC with federal tax identification number.
_____ (b.) Copies of vendors’ invoices showing evidence that:
i. invoices are in the name of the Grantee.
ii. service 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 (deposited) checks (front and back).
_____ (d.) Evidence of any approved extensions and/or amendments to Grantee subcontracts.
_____ (e.) Evidence that invoices were properly approved for payment including:
v. evidence that discounts and other credits were deducted.
vi. evidence that merchandise/services were received.
_____ (f.) Copies of daily time records for both volunteers and staff (including supervisor’s verification).
_____ (g.) Evidence of employees’ rates of pay, and verification that no other federal funds were used for this
purpose.
_____ (h.) Evidence that work was accomplished in accordance with the terms of the grant agreement (final project
report or products).
_____ (i.) Comparison schedule showing proposed costs versus actual costs. (See attached template)
ATTACHMENT F
Reimbursement Requests Procedures
Attachment F
Page 2 of 9
Payment Schedule
Reimbursement payments to the Grantee are subject to the receipt of Federal funds from the National Park Service.
Reimbursement requests can be sent to the THC as costs are incurred and work is completed, but not more
frequently than monthly. The final payment will be made after an acceptable final product, final report, and final
billing have been received and approved by the THC.
Description of Acceptable Documentation
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(s) worked, and the specific duties performed. The records should also indicate the basis for
determining the rate of the employee or volunteer’s contributions. Employees can claim their regular hourly
wage. Time sheets must certify that 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 that is comparable to the current market value of the work being
performed. Independent Sector provides a current estimated national value of volunteer time that can be used
as a guide if necessary. It can be found here: https://independentsector.org/resource/value-of-volunteer-time/.
Professionals may claim their standard professional wage if volunteering professional services. In any case,
hourly wages may not exceed the maximum rate of $96.61/hour. A sample volunteer time sheet can be found
with the miscellaneous forms attached.
2. Travel
The miscellaneous forms include a travel record that should be used for employees or volunteers who must travel
for grant-related work. This identifies traveler, date(s) of travel, mileage, lodging, per diem (cost of meals), airfare,
parking, and other miscellaneous travel expenses. Receipts for all expenses are required. See the maximum allowable
travel rates below.
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: $107/night*
Mileage: $0.67/mile for Personal Vehicle Use (As of 1/1/2024)
Per Diem: $59/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
Attachment F
Page 3 of 9
Forms and Templates
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(s) of
work/travel/donation(s), and value of time/donation(s) on any form used. If desired, THC staff will review any
proposed format to ensure compliance with these requirements.
Attachment F
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BILLING STATEMENT FORMAT
[Date]
TO: Texas Historical Commission
Attn: CLG Grants
P.O. Box 12276
Austin, TX 78711-2276
clg@thc.texas.gov
FROM: [Name & Address of Certified Local Government]
TAX IDENTIFICATION NUMBER: _________________
RE: CLG Billing
Enclosed is documentation to support a billing for $[amount] to cover work done under the grant contract number
TX-24-[XXX] dated [initial date of contract] for [activity]. I certify no other Federal funds were used for either the
match or actual expenditures incurred during the execution of this project.
Please send the above amount to:
[Name & Address of Grantee and/or department to receive funds]
PROPOSED ACTUAL
Federal Match Federal Match
Activity
Activity
Activity
Sincerely,
____________________________________
[Name]
[Title/Office]
Enclosures:
[time sheets]
[receipts]
[cancelled checks or copies of bank statements]
[copies of final products]
Attachment F
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TEXAS HISTORICAL COMMISSION
FY 2024 TEXAS CERTIFIED LOCAL GOVERNMENT (CLG) GRANT PROGRAM
FEDERAL AGENCY: NATIONAL PARK SERVICE
FEDERAL AWARD IDENTIFICATION NO.: P24AF_ _ _ _
CFDA NO.: 15.904
EMPLOYEE TIME RECORD
Grantee: _________________________________________________
Subgrant Agreement Number:TX-24-____
Employee Name: ___________________________ Title: __________________________________
Please double-click on table to open.
Date(s) or
Date Range
Description of Grant Activities
Performed
No. of
Hours
Worked
Hourly
Rate
($/Hr.)
Value of Time
($)
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
-$ Total Value of Time:
PROJECT OR ACTIVITY EXPENSES
Date Project/Activity Item (attach receipt) Amount
MILEAGE RECORD
Date Project/Activity Odometer Start Odometer Finish
Total Miles X
$0.655
Attachment F
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Attach additional pages as necessary.
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.
Employee Date Supervisor Date
Attachment F
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TEXAS HISTORICAL COMMISSION
FY 2024 TEXAS CERTIFIED LOCAL GOVERNMENT (CLG) GRANT PROGRAM
FEDERAL AGENCY: NATIONAL PARK SERVICE
FEDERAL AWARD IDENTIFICATION NO.: P24AF_ _ _ _
CFDA NO.: 15.904
TRAVEL RECORD
Name: ____________________________________
Purpose: __________________________________
DATE AND
TIME OF
DEPARTURE
ORIGIN/
DESTINATION PER DIEM LODGING OTHER
(IDENTIFY)
TRANSPORTATION
(RENTAL, CAB, etc.)
Totals:
Auto miles: ______________ miles X $0.655/mile = ______________
Total Amount for Travel: ________________
_______________________________________ ______________
Traveler Date
_______________________________________ ______________
Supervisor Date
Enclosures:
Receipts
Attachment F
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TEXAS HISTORICAL COMMISSION
FY 2024 TEXAS CERTIFIED LOCAL GOVERNMENT (CLG) GRANT PROGRAM
FEDERAL AGENCY: NATIONAL PARK SERVICE
FEDERAL AWARD IDENTIFICATION NO.: P24AF_ _ _ _
CFDA NO.: 15.904
DONATED LABOR (VOLUNTEER) TIME SHEET
Grantee: _________________________________________________
Subgrant Agreement Number: TX-24-____
Volunteer Name: ___________________________
Type of Work Performed: ___________________________
A person donating time to a project will be paid at minimum wage unless professionally skilled in the work being
performed on the project (photographer taking pictures or data entry done by skilled person). When this is the case,
the wage rate the individual is normally paid for performing this service may be charged to the project.
Please double-click on table to open.
Date(s) or
Date Range
Description of Grant Activities
Performed
No. of
Hours
Worked
Hourly
Rate
($/Hr.)
Value of Time
($)
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
-$ Total Value of Time:
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
Attachment F
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DONATED MATERIAL AND EQUIPMENT
____________________________________
Project Name
____________________________________
Donor
Description of Material/Equipment Donated
Date of
Donation Fair Value Basis of Value
Total Value of Donation:
_______________________________________ ______________
Signature of Donor Date
_______________________________________ ______________
Project Supervisor Date
Attachment M
Page 1 of 1
GRANT RECIPIENT City of Fort Worth TOTAL PROJECT COST $73,540.00
GRANT NUMBER:TX-24-003 FEDERAL SHARE:$36,770.00
PROJECT TITLE:City of Fort Worth
Historic Resources
Survey Update-Phase
VII
NONFEDERAL SHARE:$36,770.00
PROJECT ACTIVITY FEDERAL
SHARE
CASH
MATCH
IN-KIND
MATCH TOTAL
Professional services and associated
expenses related to a historic
resources survey $36,770.00 $36,770.00 $0.00 $73,540.00
TOTALS $36,770.00 $36,770.00 $0.00 $73,540.00
ATTACHMENT M
Estimated Project Budget
Attachment N
Page 1 of 2
If the Grantee is not doing the actual work, it must execute a contract with a subcontractor. All
subcontracted services and products must be procured according to Federal procurement standards set
forth in Chapter 17 of the Historic Preservation Fund (HPF) Grants Manual and 2 CFR Part 200.317-
200.326.
The THC will verify that Federal procurement standards have been met, and will issue a Notice to Proceed
letter to the Grantee once the following has been completed:
Approval of the Grantee’s Request for Proposal (RFP), if applicable
Approval of the executed contract between the Grantee and subcontractor
Receipt of Attachment D.1: Assurances for Consultants, Subrecipients or Subcontractors signed by
subcontractor
Receipt of the procurement method checklist (see below)
Procurement Method Checklist:
Subcontractors meet the Standards for Professional Qualifications (Attachment C).
Subcontractors have signed the Assurances for Consultants and Subcontractors (Attachment D.1).
Copies of all contracts between the Grantee and any subcontractors have been sent to the Texas
Historical Commission (THC).
Grantee understands that subcontractors must be employed in a way that encourages competition to the
maximum extent possible.
Grantee understands that it must retain copies of RFPs, solicitations for price quotes, lists of who they
were sent to, lists of responders (bidders), price quotes, and justification for selections as documentation
that the method for selecting a subcontractor was in accordance with Federal procurement requirements.
Grantee understands that it shall use its own procurement procedures which reflect applicable state and
local laws and regulations, provided that procurements conform to the standards set forth in the HPF
Grants Manual and Federal laws.
Methods of Procurement (please select which procurement method was used by the Grantee):
1. Small Purchase (acceptable for purchases under $250,000)
a. Solicitation for price quotes was approved by the THC. Yes/No
b. Price quotes were obtained from an adequate number of qualified sources. Yes/No
ATTACHMENT N
Subcontracts
Attachment N
Page 2 of 2
2. Competitive Sealed Bids
a. Request for Proposals (RFP) was approved by the THC. Yes/No
b. RFP was formally advertised. Yes/No
c. Sufficient time was given prior to the date set for opening of bids (generally 20-30 days). Yes/No
d. Bids were solicited from an adequate number of known suppliers Yes/No
3. Competitive Negotiation
a. Request for Proposals (RFP) was approved by the THC. Yes/No
b. Proposals were solicited from an adequate number of known suppliers Yes/No
c. RFP was publicized. Yes/No
4. Noncompetitive Negotiation (Select the applicable circumstance and provide a detailed explanation
of why the Grantee’s procurement method was justified.)
(a.) The item is available only from a single source;
(b.) Public exigency or emergency;
(c.) The THC and National Park Service authorized, in writing, noncompetitive negotiation
because of compelling special circumstances; or,
(d.) After solicitation of a number of sources, competition was determined inadequate.
PROJECT MANAGER CERTIFICATION:
Signature
Typed Name & Title
Date
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
City (Client):
By: ___________________________
Name: Dana Burghdoff
Title: Assistant City Manager
Date: ___________________________
THC
By: ___________________________
Name: Bradford Patterson
Title:Deputy Executive, Director for
Preservation Program
Date: ___________________________
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: ______________________________
Name: D.J. Harrell
Title: Director
Approved as to Form and Legality:
By: ______________________________
Name: Trey Qualls
Title: Assistant City Attorney
Contract Authorization:
M&C: 24-0835
Form 1295: N/A
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By: ______________________________
Name: Lorelei Willett
Title: Historic Preservation Officer
City Secretary:
By: ______________________________
Name: Jannette Goodall
Title: City Secretary
City of Fort Worth,
Mayor and
DATE: 09/17/24
Texas
Council Communication
M&C FILE NUMBER: M&C 24-0835
LOG NAME: 06TEXAS HISTORICAL COMMISSION GRANT - PHASE VII - APPLICATION
SUBJECT
(ALL) Ratify the Application for and Authorize Acceptance of a Grant and Execution of a Grant Agreement in the Amount Up to $73,540.00 with the
Texas Historical Commission, with a Grant Amount Up to $36,770.00 and a Local Match in the Amount Up to $36,770.00, to Support the City of
Fort Worth's Historic Resources Survey, Authorize Transfer of $20,000.00 from the General Fund for a Portion of the City's Required Match, and
Adopt Appropriation Ordinances
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the application for and authorize acceptance of a grant and execution of a grant agreement in the amount up to $73,540.00 with the
Texas Historical Commission, with a grant amount up to $36,770.00 and a local match in an amount up to $36,770.00, to support the City of
Fort Worth's Historic Resource Survey;
2. Adopt the attached appropriation ordinance reallocating appropriations in the Development Services Department of the General Fund by
decreasing the General Operating and Maintenance accounts in the amount of $20,000.00 and increasing the Transfer Out category by the
same amount, for the purpose of transferring to the Grants Operating Federal Fund for a portion the City's required match for the Texas
Historical Commission grant; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund, subject
to receipt of grant, in an amount up to $73,540.00, for the purposes of funding Phase VII of the City-wide Historic Resources Survey in the
Central Arlington Heights Historic Preservation Project.
DISCUSSION:
As a participating community in the Texas Historical Commission's (THC) Certified Local Government (CLG) program, the City of Fort Worth is
eligible for grant funding for preservation-related projects tied to the THC's Statewide Preservation Plan. Upon adoption of the Fort Worth Citywide
Historic Preservation Plan in July 2003, recommendations were made that all previously conducted historic resource surveys should be updated
and expanded.
In August 2017, the Texas Historical Commission undertook its four-year evaluation of the City of Fort Worth's Certified Local Government program
under Section 101 (a)(7)(C) of the National Historic Preservation Act of 1966. That evaluation highlighted an item in the Certification Agreement
between the City of Fort Worth and the Texas Historical Commission, where it states that the CLG will maintain a system for the survey and
inventory of local historic properties that is coordinated with the statewide cultural resources survey process, with technical assistance provided
by the National Register Program office of the Texas Historical Commission's History Programs Division. In order to resolve this outstanding
issue, a proposal was developed that outlined the City's plan to undertake a multi-year survey update in phases, administered by staff and
undertaken by a preservation consultant. The proposal was deemed acceptable by the THC.
In 2019, the City completed Phases I and II of the update, completing a historic context statement for the City of Fort Worth during the period
between 1900-1945. In 2021, the City completed Phases III and IV of the update, completing a historic context statement for the City of Fort Worth
between 1840-1980; developing a comprehensive survey plan for Fort Worth; and developing an ArcGIS online mapping system and digital survey
collector tool for future survey efforts. In 2023, the City completed Phases V-VI of the update, which surveyed the Terrell Heights local historic
district and resurveyed the near Southeast National Register District, and encoded previously identified historic resources across Fort Worth into
the online ArcGIS mapping system that was created in Phase IV.
The City then applied to the THC in the fall of 2023 for the next phase of the update. Staff was notified on January 31, 2024 that the City's grant
application was successful and the full amount requested ($36,770.00) was being awarded for Phase VII of the update to the Historic Resource
Survey in Fiscal Year (FY) 2024. This grant is a 1:1 matching grant; the City is also committing $36,770.00 to Phase VII. The CLG Grant funds, in
conjunction with the City's matching share, will be used to pay for a consultant to perForm the next phases of the historic resources survey
update. The Texas Historical Commission administers the Texas CLG grant program utilizing federal funding it receives from the U.S. Department
of Interior, National Park Service (NPS) Historic Preservation Fund Program.
The City's matching funding will be provided from finro sources. The first $20,000.00 will be transferred from the FY2024 Development Services
operating budget within the General Fund. The remaining $16,770.00 is already appropriated in the Central Arlington Heights Historic
Preservation project within the Stormwater Capital Projects Fund (City Project No. 102742). The mitigation funds from the Central Arlington
Heights Historic Preservation project are part of the mitigation of an adverse effect on an eligible National Register Historic District, and will be
used for a range of mitigation measures including, but not limited to, paying a consultant to advance the next phases of the historic resources
survey update.
The objectives of the current phase of the overall update to the City's historic resource survey update are:
a. Survey previously unsurveyed or out of date surveys for 10 districts including: Central Handley, Chase Court, Elizabeth Blvd, Garden of Eden,
Hillcrest, Kenwood Court, Linden Avenue, Mistletoe Heights, Stockyards and W.A. Powers Historic District;
b. To begin to address a key area (an inaccurate and out-of-date historic resource survey) identified in the 2017 four-year CLG review, which is
an essential component of the City's Certification Agreement with the THC;
c. To work towards the establishment of an accurate survey that is used regularly in virtually all land-use decisions involving historic resources;
and
d. To utilize the products from each phase as part of an ongoing education and awareness initiative.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Development Services Department
(and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to an expenditure being
incurred, the Development Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office b� Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: