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HomeMy WebLinkAboutResolution - 2001-R0084 - Grant To City From Texas Historical Commission - 03/06/2001Resolution No. 2001-R0084 March 6, 2001 Item No. 19 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 and accept for and on behalf of the City of Lubbock a $500 Grant for their participation in the FY2001 Certified Local Government program and any associated documents, by and between the City of Lubbock and the Texas Historical Commission. Said Grant is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: 1 Rebecca Garza, City Secretary 6th day of March , 2001. WINDYSMqN,MATOR- I,,/ APPROVED AS TO CONTENT: Tcz &*-ell sem_ Randy Henson Sr. Planner AS As 0 ALS:cp L:\Cityatt\Amy\TxHistoricalCommGrant.res & ccdoes February 26, 2001 �s�zE 0 TEXAS HISTORICAL COMMISSION The State Agency for Historic Preservation December 15, 2000 Wade Shoop City of Lubbock P.O. Box 2000 Lubbock, TX 79457 Dear Shoop: Resolution No. 2001—R0084 GEORGE W. BUSH, GOVERNOR JOHN L. NAU, III, CHAIRMAN F. LAWERENCE OAKS, EXECUTIVE DIRECTOR The Texas Historical Commission is pleased to announce the allocation of a $500.00 grant to the City of Lubbock in conjunction with your participation in the FY 2001 Certified Local Government program (see attached list of approved projects.) The U.S. Department of the Interior, National Park Service, provided funding for this grant under the provisions of the National Historic Preservation Act of 1966. The National Park Service recently approved your Project Proposal. To remain eligible for this grant allocation, it is necessary for the project coordinator and the project professional, if applicable, to participate in a grant orientation session. Designed to familiarize them with the granting process, this session will provide an opportunity to discuss your project with the Commission staff members responsible for its coordination. Please note that no work should begin prior to your grant orientation session and finalization of a written contract (copy under separate cover) between you and the Texas Historical Commission. Failure to participate in this orientation session and to submit a signed contract 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. Upon receipt of this letter, please contact Bratten Thomason at (512) 463-5997 to arrange the necessary grant orientation session. We look forward to working with you in this most worthwhile preservation endeavor. Sincerely, F. Lawerence Oaks Executive Director cc: Betty Carr, Chair of Local Review Commission Windy Sitton, Mayor Robert Duncan, State Senator Larry Combest, U.S. Representative P.O. BOX 12276 - AUSTIN, TX 78711-2276 • 512/463-6100 • FAX 512/475-4872 • TDD 1-800/735-2989 www. thastate. M us 40 ���zE °�� TEXAS HISTORICAL COMMISSION The state Agency for Historic Preservation I. PARTIES Resolutlon No. 2001—R 0084 March 6, 2001, Item No. 19 GEORGE W. BUSH, GOVERNOR JOHN L. NAU, III, CHAIRMAN F. LAWERENCE OAKS, EXECUTIVE DIRECTOR GRANT CONTRACT The parties to this contract are the Texas Historical Commission, an agency of the State of Texas, hereinafter referred to as Commission; and the City of Lubbock hereinafter referred to as Contractor. II. PURPOSE This contract is entered into pursuant to a grant made to the Commission for Fiscal Year 2001, 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. 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. The Contractor shall undertake and complete the project and/or projects as set out in the Approved Project Notification (with detailed budget) and attached Environmental Certification (Attachment A). Products developed under this agreement must conform to the expectations of the Commission and the Project Proposal, as stipulated in Attachment B. Project personnel employed by the Contractor shall meet the Standards for Professional Qualifications as outlined in 36 CFR 61 (Attachment C), 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 D) 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 this contract must meet with the approval of the Commission. The professional staff hired must also attend an orientation session with the Commission's National Register staff prior to commencing work. IV. AMOUNT OF THE CONTRACT The total amount of this contract shall not exceed $500.00. The Commission shall reimburse the Contractor 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. P.O. BOX 12276 • AUSTIN, TX 78711-2276 • 512/463-6100 • FAX 512/475-4872 • TDD 1-800/735-2989 www.thc.state1x.us V. DOCUMENTATION AND PAYMENT Contractor will provide invoices to the Commission as costs are incurred and work is completed, but not more frequently than monthly. Upon the receipt and approval of invoices from the Contractor, the Commission shall authorize payments to the Contractor up to the total grant sum as specified in the Grant Award letter (Attachment E). 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 agreement. 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. VI. PERIOD This contract shall commence on December 1, 2000 and shall terminate on December 31, 2001. It is further agreed that all materials stipulated in Attachment A and B and all reimbursement requests shall be submitted to the Commission by January 31, 2002. In accordance with National Park Service (NPS) grant requirements, any CLG failing to have its grant project finalized, reviewed and approved by the THC and the NPS within 24 months from the beginning of the fiscal year of the grant cycle must forfeit its grant funds. The Texas Historical Commission requires that CLG grant projects be completed within the grant contract period from December 1, 2000 to December 31, 2001 so that the THC may obtain final NPS review and approval in a timely manner. VII. INDEPENDENT CONTRACTOR The contractor is a Texas Municipal Corporation. It is not an agency of the State of Texas. It is expressly understood and agreed that any subcontractor is an independent contractor and not an employee of the Texas Historical Commission. The contractor or any subcontractor shall not be considered the agent, the servant, or the employee of the Commission for any purpose whatsoever. VIII. OWNERSHIP OF PRODUCTS OF THIS CONTRACT All material, concepts and products produced, developed or conceived by the Contractor during or arising out of the contract shall remain the property of the Commission. The Contractor shall have an unrestricted right to use any or all materials so produced, developed, or conceived at no additional cost; in addition, 3 copies of all publications and videos 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 the this grant shall note the following on the materials: 2 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 3 712 7, Washington, D.C. 20013-7127. IX. TERMINATION Either party to this contract may terminate by giving seven days written notice to the other party. In the event notice of termination is given, all work by contractor shall cease and no amount shall be paid by Commission for work performed following receipt of notice of termination by Contractor. Contractor shall be paid for all work performed prior to the notice of termination in accordance with the terms of the contract. Final invoices shall be submitted to Commission not later than 30 days following the date of termination of this contract. X. 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. XI. AUDIT The Commission may audit the Contractor's records to verify the costs or expenses incurred in the performance of this contract or may, at its option, require an audit of the Contractor's records by an independent accounting firm, at Contractor's expense, or by Federal auditors to verify costs or expenses incurred in the performance of the contract. The Contractor shall keep accurate financial records available for audit 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, A-133, and A-128) are applicable. XII. ATTACHMENTS The following documents are included in and shall be a part of this contract for all purposes: Attachment A: Approved Project Notification and attached Environmental Certification Attachment B: Expected Products Attachment C: Standards for Professional Qualifications Attachment D: DI form 1350 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 National Register Department, Texas Historical Commission, with the approval of the U.S. Department of the Interior. The terms of this contract are accepted by the parties to the contract. Persons signing are expressly authorized to obligate the parties to the terms of this contract. Texas Historical Commission Signature F. Lawerence Oaks, Executive Director Typed Name and Title l�,1�5/od Date APPROVED AS TO FORM: S�nat re Joe H. Thrash, Assistant Attorney General Typed Name and Title Date 11 Contractor Signature Windy Sitton, Mayor Typed Name and Title March 6, 2001 Date ATTEST QJ'0--� ��� Rebecca Garza City Secretary PROJECT NOTIFICATION TITLE: Brochure on Mackenzie Park/Training/Travel AREA AFFECTED BY PROJECT (counties): Lubbock CONGRESSIONAL DISTRICT: 19 STATE CONTACT PERSON: Bratten Thomason 512/463-5997 1. SUBGRANTEE: Lubbock P.O. Box 2000 Lubbock, TX 79457 2. NONFEDERAL MATCHING SHARE: GRANT NUMBER: 48-01-16444.015 TOTAL PROJECT COST: $4,365 FEDERAL SHARE: $2,075 NONFEDERAL SHARE: $2,290 TYPE: NEW X REVISION PRE -DEVELOPMENT: YES_ NO_ DONOR: Subgrantee SOURCE: Lubbock KIND: Local/In Kind AMOUNT: $2,290 BUDGET: (Funding for this project is offered on a matching ratio of 60% provided by the Commission and at least 40% provided by the Contractor) IN KIND MATCH FEDERAL TOTAL Consultant $987 $987 Research Assistant $225 $225 $450 Printing $800 $800 Cost of Plaque $550 $550 $1,100 CLQ Workshop $228 $300 $500 $1.028 TOTAL: $1,440 $850 $2,075 $4,365 4. PURPOSE: Education/information brochure on Civilian Conservation Corps buildings in Mackenzie Park. Provide Training opportunities for preservation commission. 5. BEGINNING AND END DATES: December 1, 2000 through December 31, 2001 6. No program income will be generated. 7. An Environmental Certification is attached. ENVIRONMENTAL 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 HPF project, Meets the criteria for categorical exclusion under 516 DM 6. (You must indicate the appropriate categorical exclusion from those listed in Section A.4 of Chapter 11 of the Historic Preservation Fund Grants Manual) A.4.a(1-11); A.4.b.(1,2,9); A.4.c.(1-12); A.4.f.(1-3,9); A.4.g.(1,6). Applicable Categorical Exclusion [give number of exclusion from Section A.4. of Chapter 11 [e.g.,A.4.c(6)] Lawerence Oaks, Executive Director Title I Concur: Grant Awarding Official National Park Service Date Date STANDARDS FOR PROFESSIONAL QUALIFICATIONS To insure 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 Preservation Assistance Division of 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. (a) 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. (b) 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. U.S. DEPARTMENT OF THE INTERIOR CIVIL RIGHTS ASSURANCE 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 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 of 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. TEST Rebecca Garza City Secretary - bTOF Mayor T11; TIFYING OFFICIAL TITLE Windy Sitton City of Lubbock March 6, 2001 APPLICANT/ORGANIZATION DATE SUBMITTED City_ of Lubbock P0Box 2000 LuuN��OGA&APPLCARNIZAN MAqqLC ADDRESS BUREAU OF OFFICE EXTENDING ASSISTANCE TEST Rebecca Garza City Secretary