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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: c= -2L L L L. City Secretary JMAYOR APPROVED :7 '¢r DAY OF L /LL. - City/ THE CITY OF CORPUS CHRISTI /at-, , 19 /..- HAL GEORGE, CITY ATTORNEY ASsi tant City Attctney \ORD-RES\90078 r 1 N 1 \111.\\\ AN 1II\III 1HF .,A\ a1RV li I I IIN6_ 101 1,0141 Vll l 114114%1 AN 1114 DAN A. NII I IN, IIINI NIIN111 VII 1111 AN1 MRS. I1 N41.11 A. ANOINSO\, SAN \IAN( OS 1011% M. [JINNI I I, SAN ANTONIO (414X111.1 B. ( 415111 4.10111,1 C 1114191414, A I STIN 1411 S 11 ''111 1 411 1 1Ii1 1)11411 11114 111111141111 11 411 AN HANOI 1,11. (014 NV ION MANTIIA 141101111.. .gARI)SON MA\INI f 11111'14\01, AID I 141 111 1 111414144. BNFL F. AIR1111:! V11AAV N. 11A NNW AAN ANTONIO KANI A KUMA ISI 10111 N01111 W. MI: 1114IMAN A40111 ON, I101 "OW, IAMLN N 144140115, L AKI: .41 KS0N LAVRATLIFF. 41141114 iAANLK1111 L. %NORTON, I: AI VF\1(11N 1141.ANI) 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 }ise U J. C% 7 31 69 $ 5 et(- 5/3/1[? 9 `7 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