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HomeMy WebLinkAboutResolution - 3620 - Grant Agreement - Texas Historical Commission - 1991-92 CLGG - 05_23_1991Resolution No. May 23, 1991 Item #22 3620 DGV:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Texas, and the Texas Historical Commission, a State Agency, a Certified Local Government Grant Agreement and associated documents, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd ATTEST: anetye boya, city 5ecre-nry APPROVED AS TO CONTENT: ertram, Assistant City Manager t A ED AS TO FORM: 9 ucm aia u. vanaiver, rirst Hssistan City Attorney day of May 1991. C B. C. McMINN, MAYOR St��-vE op EXECUTIVE DIRECTOR TEXAS HISTORICAL P.O. BOX 12276 AUSTIN, TEXAS 78711 COMMI S S I ON (512)463-6100 CERTIFIED LOCAL GOVERNMENT GRANT This agreement is entered into by the Texas Historical Commission, a State Agency, hereinafter referred to as the Commission, and the City of Lubbock, hereinafter referred to as the Contractor, pursuant to a grant made to the Commission for Fiscal Year 1991, 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 Lubbock, Texas, in the County of Lubbock, 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 Lubbock, 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 III) . SEC. 4. In the event that the Contractor proposes to undertake the preparation of a nomination to the National Register of Historic Places, the Contractor shall utilize the 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. 92ze glace ayemylOz CZu&a ,�ewa,(zori 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 III), must meet the professional qualifications as outlined in 36 CPR 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 IV) 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 Project Notification with detailed Budget, a copy of which is attached to this document as Attachment II. SEC. 8. The work covered by this Agreement shall begin May 20, 1991 and be completed by July 31, 1992. 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, 1992. 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 from the Contractor as long as the Contractor is in compliance with this Agreement, up to the total grant sum of $5,000 as specified in the Grant Award Letter (Attachment I). 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 20th day of May, 1991. CONTRACTOR THE TEXAS HISTORI AL COMMISSION by: ' ?i�lr by . Contracto 's Agent xecutive Director B. C. McMinn Mayor APPROVED AS TO FO by: Assistant Attorney General Attachment I: Project Proposal and Grant Award Letter Attachment II: Approved Project Notification (with detailed budget) Attachment III: "Guidelines for Survey & Planning Grants" Attachment IV: DI Form 1350 and Addendum ATTACHMENT I 1991-1992 CLG GRANT PROPOSAL DECEMBER 21, 1990 The project professional for the CLG grant will be Sally Still Abbe, Assistant Planner for the City of Lubbock. Her professional qualifications are in accordance with the National Park Service Section 36CFR66 as outlined in the 1991 CLG grant application manual. A current resume is attached. Commission and Staff Attendance at Annual CLG Conference Members of the City of Lubbock Urban Design and Historic Preservation Commission and City of Lubbock staff must attend meetings and seminars in historic preservation to maintain the City's Certified Local Government status. The annual CLG conference, which is geared to local preservation commissions, allows the Commission members to gain preservation education and confer with their peers from across the state. Requested funding will allow 3 Commission members and 1 staff member to attend the conference. Overton Multiple Property District The Overton Addition to the City of Lubbock, platted in 1907, is the square mile immediately west of the Original Town of Lubbock (present downtown). It contains the largest concentration of pre-1945 structures in the city, with more than 1000 structures identified in the City of Lubbock Historic Site Survey. The Lubbock Urban Design and Historic Preservation Commission has expressed a concern that historic buildings in these areas are threatened, a concern shared by the Overton South Neighborhood Association. As part of the 1990-1991 CLG grant, the Planning Department will prepare a historic context for the Overton Addition and Central Business District, stressing both linkages and differences in the areas. The current Historic Site Survey contains a breadth and depth of material concerning individual buildings, but does not provide the information necessary to place the structures in their historic context for possible local landmark designation or National Register listing. The current request is for preparation of a National Register nomination for an Overton Multiple Property nomination, with a core district of historic residences and selected individual properties included. Using the Historic Context report as the basis for the significance statement, a research assistant with training in history and/or architectural history will prepare the nomination with clerical and professional assistance from the Planning Department staff. 1991 College of Architecture Symposium The 1991 Texas Tech College of Architecture symposium will focus on the federally funded projects of the New Deal era in Texas and the American Southwest. A keynote speaker with research experience in this era will be invited to address the two day meeting, which will include practical preservation sessions as well as scholarly papers. Tentative plans for sessions include a broad historical overview of the period with emphasis on federal projects, sessions on specific New Deal public works, a review of federal records of the period, and preservation/restoration workshops and panel discussions. A multi -disciplinary approach is planned, involving history, landscape architecture, and interior design as well as architecture and historic preservation. The Texas Historical Commission display on Post Office murals will be displayed at the conference site if scheduling allows. The target groups for the symposium will be preservation enthusiasts and professionals, students, and municipal, county, state, and federal officials. Publicity will be mailed to governmental, historical and architectural publications, both national and regional, preservation organizations, county and municipal governments and selected state agencies. The date of the symposium will be scheduled in late September or early October to avoid conflict with the CLG conference, Downtown Conference, and National Trust meeting. It is hoped that a State Board of Review meeting can be scheduled in conjunction with the symposium. APE OF? <vIN• -� CURTIS TUNNELI. EXECUTIVE DIRECTOR TEXAS HI S TOR ICAL P.O. BOX 12276 AUSTIN, TEXAS 78711 May 13, 1991 Honorable Peck McMinn City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Dear Mayor Peck: F73C2C) C O MM I S S I ON (512)463-6100 We are pleased to announce 'on behalf of the Texas Historical Commission that a grant of $5,000 has been allocated for the City of Lubbock in conjunction with their participation in the Certified Local Government program. Funding for this grant has been provided by the U.S. Department of the Interior, National Park Service, under the provisions of the National Historic Preservation Act of 1966. To remain eligible for this grant allocation, it is necessary for the project coordinator and the project professional, if applicable, to jointly participate in a grant orientation session. These sessions will be held with the Commission staff members who will be working with you on this project, and are designed to familiarize you with the granting process. If not already approved, a Project Proposal will also need to be prepared and submitted to the Commission before final grant approval can be made. Please note that no work should begin prior to your grant orientation session and approval from the Texas Historical Commission of your Project Proposal. This approval will be in the form of a written contract between you and the Texas Historical Commission. Failure to participate in an orientation session and to submit a Project Proposal before commencement of work on this project will be cause for this grant allocation to revert to the Texas Historical Commission for reallocation to another project. It is, therefore, important that upon receipt of this letter you contact /fie S-M,41e cl�yeracy fog .�i��<<ruc .��z�r�u�ala>rr Dwayne Jones at (512) 463-6094 to arrange the necessary grant orientation session. We look forward to assisting you in this most worthwhile preservation endeavor. Sincerely Karl Komatsu Chairman xc: Hon. Lloyd Bentsen Hon. Phil Gramm Hon. John T. Montford Hon. Warren Chisum Hon. Delwin Jones Hon. Nolan Robnett ZOI4S;n nell 0 Executive Director ATTACHMENT II PROJECT NOTIFICATION TITLE: City of Lubbock Li—C,- AREA AFFECTED BY PROJECT (counties): Lubbock CONGRESSIONAL DISTRICT: 19 GRANT NO.: 48-91-60045.012 TOTAL PROJECT COST: $10,296 FEDERAL SHARE: $5,000 NONFEDERAL SHARE: $5,296 TYPE: NEW B REVISION r 1. SUBGRANTEE: City of Lubbock �0. a-K 2. NONFEDERAL MATCHING SHARE: Donor: Subgrantee Donor: Source: City Budget Source: Kind: Cash & In -Kind Kind: Amount: $5,296 Amount: 3. BUDGET: Multiple Property Nomination for Overton District City Planner (140 hrs @ $15.47) $2,166 Clerical Staff (100 hrs @ $6.60) 660 Research Assistant (350 hrs @ $6) 2,100 Benefits & Indirect Costs 2,320 Film, Processing & Prints (150 copies of 8"*1011) 1,650 Photocopying 200 SUBTOTAL $9,096 CLG Conference--6Z4k-2 tx- Lodging. (2 nights @ $55 for 4 persons) $ 440 Travelac_/____ (c(4 persons @ $125) 500 Per diem (2 1/2 days @ $26 for 4 Persons) 260 SUBTOTAL $1,200 PROJECT TOTAL $10,296 4. PURPOSE: To provide education and training for Local Landmark Commissioners, and preparation of a National Register Nomination for historic neighborhoods. x� -a• Anticipated products will include a Multiple Property Nomination x for the Overton District as well as a better educated staff and commission members. 5. BEGINNING/END DATES: May 1, 1991 - July 31, 1992 ^L 6. An Environmental Certification is attached. 7. No program income will be generated. : 8. CERTIFICATION: As the duly authorized representative, I certify that this subgrant will be administered and work will be ANDr,_, i 2 GRANT NO. 48-91-60045.012 performed in accordance with the National Register Programs Manual and the Secretary of the Interior's "Standards for Guidelines for Planning, Identification, Evaluation and Registration." All documentation required by the Manual will be maintained on file for audit and State Program Approval purposes. All proposed costs for personal compensation charged to the Federal or nonfederal share of this subgrant are within the maximum limit imposed by Chapter 13, Section B. 39.e. of NPS-49. These costs have been assessed by knowledgeable SHPO staff and found to be within the normal and customary range of charges for similar work in the local labor market, and appear to be appropriate charges for the product to be achieved with grant assistance. i l} i nature Date �— This Project Notification has been reviewed and determination made �.-that the information contained herein is in conformance with the ��~�-��,,}/programmatic mandates, procedures, and legislation as outlined in ✓�Jt% the National Register Programs Guideline (NVS-49). Approved: 01�;i j {,` `� C ief, Branqh of National Preservation Programs, National Park Service Date , ENVIRON`11"N'CAI. CERTIFICATION Based upon a review of the application, proposal narrative, and the supporting; documentation contained in the application, it has been determined that the proposed llI'F project City of Lubbock CLG Grant meets the criteria for categorical exclusion under Section A.4-c, Plans, Studies and Reports, Chapter 11. l date: April 10, 1991 Executive irector State Historic Preservation Officer I Concur: date: Regional Di r ctor (or designee for grant app"rival) National Park So ry i ce ATTACHMENT IV City of Lubbock (Nam* of AppIkent•Rwip"t) U.S. MUTORT Of THE 111TE1t10t ASSIJUJI F OF CONAIA1KE (TITLE t(1, CIVIL tIGNTS ACT Of 11641 (hereinafter called "Applicant. Recipient") HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L 66-352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title. to the end that, in accordance with Title VI of that Act and the Regulation, no per. son in the United States shall, on the ground of race, color, or national origin be excluded from participa- tion in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the Applicant -Recipient receives financial assistance from tT.S. Dent. of Interior and sue"" .W O(ice Hereby Gives Assurance That It will immediately take any measures to effectuate this agreement. any real property or s"cture thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant.Recipient by U.S. Dept. of''Interior , This assurance obligates the sue". or office Applicant. Recipient, or in the case of any transfrr;of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or bene. fits. If any perional property is so provided, this assurance obligates the Applicant.Recipient for the period during which it retains ownership or possession of the property. In all other cases. this assurance obligates the Applicant -Recipient for the period during which the Federal financial assistance is extended to it by— .U.S. Dept. of Interior eureaw or orocc. — 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.Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant -Recipient 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 Applicant -Recipient, its successors, trans- ferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant -Recipient. May 23, 1991 DATED P.O. Box 2000, Lubbock Tx. 79457 A F"J( A.N1 RC( I11t.1 I 1 11 q. i.P\(. Atl1`t I— City of Lubbock ArM WANiT.REGIMENT B r. of B�rd tar Co.np­ble .ueewrued C)A<..1 B. C. McMinn Mayor ADDENDUM DI Form 1350 (!larch 1966 ) U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE CIVIL RIGHTS ASSURANCE OF COMPLIANCE Cit of Lubbock Name of App scant- ecipient ALSO AGREES to comply with the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imoosed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to these titles. to the end that. no person in the United States shall. on the grounds of age or handicap be excluded frog participation in, be denied the benefits of. or be otherviso subjected to discrimination under any protract or activity for which the Applicant -Recipient receives financial assistance from the National Park Service and hereby gives assurance that it will im *diately take any_aeasureiiito effeccuate.this agreement. City_ of _Lubbock APPLICANT -RECIPIENT P.O. Box 2000, Lubbock Tx. 79457 APPLICANT -RECIPIENT S Mailing Address Srgna 'ure AUTHORIZED OFFICIAL (State/County/City) B. C. McMinn Mayor May 23, 1991 DATE