Res 2013-096/Approving an Agreement of Sale with the Trust for Public Land for the city to purchase 93 acres of land for the expansion of Purgatory Creek

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Landowner Permission: In accordance with 12.103 of the Texas Parks and Wildlife Code, acknowledges that any work to be performed on private lands in Texas using these funds requires that grantees secure written permission from the private landowner(s) for the purposes of (i) access to the land, and (ii) use of data collected on that land. As such the Landowner Permission for Wildlife Research Form, is attached hereto as Attachment B, and is incorporated herein for all purposes. shall submit a Final Report, upon completion of all tasks related to Section 6 grant TX E- 120 -HP in fulfillment of the Objective (See Attachment A) and following guidelines provided by TPWD, on or before 13 September 2013. The Final Report shall then be forwarded to U. S. Fish and Wildlife Service (USFWS, Austin) for review and comments. TPWD will send revisions requested by USFWS, Austin, to the Principal Investigator for, who shall respond to TPWD in writing within sixty (60) days of receipt of revision request. III. BASIS FOR CALCULATING REIMBURSABLE COSTS: See Budget in Attachment A for details. Allowable costs are restricted to those that comply with UGMS and additional state and federal rules and law. The Parties agree that all the requirements of the UGMS apply to this Contract, including the criteria for allowable costs. Additional federal requirements apply when federal funds are included in the reimbursement. The Performing Agency may make adjustments up to % (5% if less then $100,000 and 10% if over) within cost categories without prior approval from TPWD, provided that the total reimbursable costs do not exceed total annual costs. Expenditures for travel and travel - related expenses will be reimbursed at the official rate authorized by the State of Texas. The cost of materials and supplies should be charged at their actual prices. Proper documentation is required for reimbursement. Reimbursements are conditioned on the Contract activities being performed in compliance with the Contract. IV. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: with minimum match requirement of Budgeted monies not spent in a given fiscal year may not be eligible to be rolled over to the following fiscal year(s). Fund availability for this contract is dependent on a funding source which is approved on a fiscal year (9/1 — 8/31) basis. Consequently, this contract is subject to cancellation, without penalty, either in whole or in part, if those funds are unavailable, to TPWD. V. PAYMENT FOR SERVICES: Receiving Agency shall pay for services received from appropriation items or accounts of the Receiving Agency from which like expenditures would normally be paid, based upon vouchers drawn by the Receiving Agency payable to Performing Agency. For payment purposes, the Performing Agency (agency receiving payment) shall submit to the Receiving Agency (agency making payment) an invoice with the Performing Agency's RTI (for funds transfer at the Treasury) or a Purchase Voucher (for deposit in local bank account). The Receiving Agency will enter payment information into USAS. This shall be recorded as a federal pass through grant in USAS (expenditure code 7612) Page 2 PWD 8 A1500- (01/2011)