HomeMy WebLinkAbout020944 RES - 07/10/1990A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS
HISTORICAL COMMISSION FOR ACCEPTANCE OF A GRANT OF $7,400,
MATCHED BY THE CITY THROUGH IN-KIND SERVICES OF $8,000 AND
$7,500 FROM 15TH YEAR CDBG FUNDING, FOR UPDATING THE 1974
PRESERVATION PLAN AND ASSOCIATED EXPENSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
execute an agreement with the Texas Historical Commission for
acceptance of a grant of $7,400, matched by the City through in-kind
services of $8,000, and $7,500 from 15th Year CDBG Funding, for
updating the 1974 Preservation Plan and associated expenses.
ATTEST:
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City Secretary JMAYOR
APPROVED :7 '¢r DAY OF
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THE CITY OF CORPUS CHRISTI
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HAL GEORGE, CITY ATTORNEY
ASsi tant City Attctney
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TEXAS HISTORICAL COMMISSION
P.O. BOX 12276
AUSTIN. "I EX AS 78711
CERTIFIED LOCAL GOVERNMENT GRANT
(512)4636100
This agreement is entered into by the Texas Historical
Commission, a State Agency, hereinafter referred to as the
Commission, and the City of Corpus Christi, hereinafter referred
to as the Contractor, pursuant to a grant made to the Commission
for Fiscal Year 1990, by the U.S. Department of the Interior,
National Park Service, under the provisions of the National
Historic Preservation Act of 1966, P.L. 89-665 (16 U.S.C. Sec.
470 f). This grant is made for the purpose of funding a project
or projects to be undertaken by the Contractor as a participant
in the Certified Local Government program.
The Contractor in consideration of the hereinafter monetary
sum to be paid by the Commission agrees as follows:
SEC. 1. The Contractor shall undertake and complete the
project and/or projects detailed in the Project Proposal
(Attachment I), to be executed within the jurisdiction of the
City of Corpus Christi, Texas, in the County of Nueces, Texas.
SEC. 2. It is agreed that the Contractor shall be an
independent Contractor for the purposes of this Agreement. The
Contractor shall not be considered the agent, the servant, or the
employee of the Commission for any purpose whatsoever. The
liabilities of any kind arising from the performance of the
contracted work covered by this Agreement and all Appendices
thereto are the responsibility of the Contractor.
SEC. 3. In the event that the Contractor proposes to
undertake an inventory of cultural resources in the City of
Corpus Christi, then the Contractor shall be required to enter
into an Architectural Survey Agreement with the Commission, and
to fulfill all of the requirements stated in that contract
document and in "Guidelines for Survey and Planning Grants"
(Attachment II).
SEC. 4. In the event that. the Contractor proposes to
undertake the preparation of a nomination tc the National
Register of Historic Placers, the Contractor :Mail utilize the
Attachment 4
current forms in use by the Commission, as well as the current
instructions for the completion of such forms, which are also
provided by the Commission.
SEC 5. The staff employed by the Contractor shall meet the
criteria for employment as prescribed by the Commission as
outlined in "Guidelines for Survey and Planning Grants"
(Attachment II), must meet the professional qualifications as
outlined in 36 CFR 61, and be employed by competitive
procurement. Regulations of the U.S. Department of the Interior
strictly prohibit unlawful discrimination in federally -assisted
programs on the basis of race, color. and/or national origin.
Therefore, the Contractor must sign DI Form 1350 (Attachment III)
and return signed form to the Commission with this contract. In
all cases the person(s) employed by the Contractor to complete
the work specified in Sec. 1 must meet with the approval of the
Commission. The professional hired must also attend an
orientation session with the Commission's National Register staff
prior to commencing work.
SEC. 6. The Contractor shall keep accurate financial
records available for audit by the Commission or by Federal
auditors three years from Project End Date. In addition to the
terms detailed in this Agreement, all Federal requirements
governing grants (Office of Management and Budget Circulars A-87
or A-122, A-102 or A-110, and A-128) are applicable.
SEC. 7. All grant funds shall be spent in the manner and
amounts specified in the approved detailed Budget, a copy of
which is attached to this document as Attachment I.
SEC. 8. The work covered by this Agreement shall begin June
1, 1990 and be completed by July 31, 1991. If for any reason the
work is not completed by such date or if the Agreement is
cancelled due to Contractor's default, then all amounts paid
under this Agreement shall be immediately due and repayable to
the Commission. It is further agreed that all materials
stipulated in Attachment I and all reimbursement requests be
submitted to the Commission by August 31, 1991.
SEC. 9. All documents referred to herein are hereby
specifically adopted as part of this Agreement, as is set forth
herein.
The COMMISSION, in consideration of the hereinbefore
described undertaking by the Contractor, agrees as follows:
The Commission shall reimburse the Contractor exclusively
from U.S. Department of the Interior grant-in-aid funds for
historic preservation (Certified Local Government) upon the
receipt and approval of invoices fro. Contractor as long as
the Contractor is in compliance with this Agreement, up to the
total grant sum of $7,100 as specified in the Grant Award Letter
(Attachment 1:V). Such payments to be made as requested for
services actually rendered, or if mutually agreed, in one lump
sum up to the total grant sum, upon completion and approval of
all the requirements set forth in this Agreement. The Contractor
shall submit documented reimbursement requests to the Commission
and the Commission will in turn reimburse the Contractor up to
one half of the requested figure. It is further agreed that a
sum not to exceed 25% of the total granted sum will be retained
by the Commission until all stipulated materials and properly
documented reimbursement requests are submitted by the
Contractor.
IT IS FURTHER AGREED and understood by both parties that:
SEC. 1. All materials published, printed, or used for
public distribution funded in whole or in part by the Commission
will note on its materials that the Texas Historical Commission
and the U.S. Department of the Interior, National Park Service,
aided in financially assisting this work. However, the contents
and opinions 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.
SEC. 2. This Agreement may not be amended by either party
without the written consent of the other party. In special
cases, adjustment of the contractual requirements may be
necessary pursuant to recommendations by the National Register
Department with the approval of the Texas Historical Commission.
SEC. 3. The Commission reserves the right to terminate this
Agreement when it is determined that the Contractor has failed to
comply with the terms and conditions of this Agreement or if it
is determined by both parties that the products being produced
are not beneficial to the project.
WITNESS OUR HANDS this 1st day of June, 199.0.
THE TEXAS HISTORICAL COMMISSION
by:
Curtis Tunnel]
Executive Director
AITEST: by:
Armando Chapa, City Secretary
APPROVED AS TO FORM this
day of , 1990.
HPL GEORGE, CITY ATTORNEY
By:
Assistant City Attorney
b
Contractor, City Manager
City of Corpus Christi
APPROVED AS TO 1 -RM:
in+ Jei,r r:31
Attachment I:
Attachment II:
Attachment III:
Attachment IV:
Project Proposal and Budget
"Guidelines for Survey & Planning Grants"
DI Form 1350 and Addendum
Grant Award Letter
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
May 31, 1990
I certify to the City Council that $ 7,500.00 , the amount requirei for
the contract, agreement, obligation or expenditures contemplatedin the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund No. and Name
Project No.
Project Nave
162 Federal/State Grants
162-152-807.15
Landmark Commission
from which it is proposed to be drawn, and such Honey is not appropriated tor any
other purpose.
FIN 2-55
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$ 5
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Corpus Christi, Texas
day of
, 19
The above resolution was passed by the following vote:
Betty N. Turner
Cezar Galindo (i`
Leo Guerrero (4 C / ,
Tom Hunt
Edward A. Martin (it
Joe McComb /// µ
Clif Moss (�1
Mary Rhodes (_
1 jt
Frank Schwing, Jr. (1/ )/
066