HomeMy WebLinkAboutPR 20084: FUNDING AGREEMENT WITH THE TEXAS HISTORICAL COMMISSION FOR TEXAS PRESERVATION TRUST FUND GRANT AWARD FOR REPAIRS TO ROSE HILL MANOR f
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Robert A."Bob"Bowers Civic Center
www.PortArthurTx.gov
INTEROFFICE MEMORAN D U M
Date: 1/25/18
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Adam J Saunders, Civic Center Dir
RE: Acceptance of Funding Agreement for Rosehill Manor grant
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
sign the Funding Agreement between the City and the Texas Historical Commission for the
Texas Preservation Trust Fund grant of$13,800.00 towards repairs to Rosehill Manor.
Background:
In July of 2017 the City Council approved Resolution# 17-174 authorizing the City Manager
to apply for the Texas Historical Commission Texas Preservation Trust Fund grant for funding
to go towards repairs to Rosehill Manor. The Civic Center Department was able to work with
volunteers and the LaBiche Architectural Group, Inc. of Beaumont, Texas to make application
towards repairs to Rosehill Manor. These repairs are to reduce water intrusion into the
building. The required matching funds for this grant is $13,800.00,but the City will be
spending $50,000.00 in matching funds on this project.
Budget Impact:
Matching funds will come from Hotel Occupancy Tax Account No. 140-1405-551.59-00,
Project No. M97908.
Recommendation:
It is recommended that City Council approve the City Manager to sign the Funding Agreement
for a grant toward Rosehill Manor repairs, as discussed and/or outline above.
"Remember,we are here to serve the Citizens of Port Arthur"
3401 Cultural Center Drive X Port Arthur,Texas 77642 X 409.985.8801
P.R. No. 20084
1/25/18 AJS/gt
PAGE 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A FUNDING AGREEMENT BETWEEN THE CITY OF PORT
ARTHUR AND THE TEXAS HISTORICAL COMMISSION FOR THE
TEXAS PRESERVATION TRUST FUND GRANT AWARD IN THE
AMOUNT OF $13,800.00 FOR REPAIRS TO ROSEHILL MANOR.
MATCHING FUNDS IN THE AMOUNT OF $50,000.00 ARE BUDGETED
IN HOTEL OCCUPANCY TAX ACCOUNT NO. 140-1405-551.59-00,
PROJECT NO. M97908
WHEREAS, on July 11, 2017 the City Council approved Resolution No. 17-174
authorizing the City Manager to apply for the Texas Historical Commission Texas Preservation
Trust Fund Grant for funding for repairs to Rosehill Manor; and
WHEREAS, the purpose of the grant is for historic preservation and sustainability of
historic sites; and
WHEREAS, the Texas Historical Commission has awarded the City of Port Arthur the
requested project amount of$13,800.00; and
WHEREAS, the required matching funds are $13,800, plus other funds available to
complete the project in the amount of$36,200, for a total match of$50,000; and
WHEREAS, the City of Port Arthur has budgeted $50,000.00 on matching funds for this
project; and
WHEREAS, a Funding Agreement between the City of Port Arthur and the Texas
Historical Commission is required as acceptance of the grant; and
WHEREAS, the City of Port Arthur will use the budget and scope of work outlined in
the grant application for the Funding Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct.
THAT,the City Manager is hereby authorized to sign the funding agreement between the
City of Port Arthur and the Texas Historical Commission for the Texas Preservation Trust Fund
Grant in the amount of$13,800 for repairs to Rosehill Manor, in substantially the same form as
attached hereto as Exhibit "A". Matching funds in the amount of $50,000.00 are budgeted in
Hotel Occupancy Tax Account No. 140-1405-551.59-00, Project No. M97908.
P.R. No. 20084
1/25/18 AJS/gt
PAGE 2 of 3
THAT a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED, AND APPROVED, this day of January, 2018, AD, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote:
AYES: Mayor: ,
Councilmembers: ,
NOES: .
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
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Valecia T eno, City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
APP OVED AS TO FUND AVAILABILITY:
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Andy Vasquez, A'- v Cliftol Williams, CPPB
Director of Finance Aretitig Purchasing Manager
EXHIBIT "A"
TEXAS HISTORICAL COMMISSION
real places telling real stories
December 8,2017
Adam Saunders
City of Port Arthur
P.O. Box 1089
Port Arthur,TX 77640
Re: Texas Preservation Trust Fund Grant Award of$13,800
For the Rose Hill,Port Arthur,Jefferson County
Dear Mr. Saunders:
Congratulations!We are pleased to inform you that the Texas Historical Commission (THC) has
awarded a Texas Preservation Trust Fund (TPTF) grant for the Rose Hill project.
In January 2017,the THC received 69 grant applications requesting over$1.5 million in grant funds.
Thirty-one projects were selected from the initial application stage to proceed to the project
proposal stage.Twenty-five project proposals were submitted to the THC in July 2017.Today at the
THC's quarterly meeting,thirteen proposals were approved for grant funding totaling$251,778.
Please remember that project work cannot begin until you complete the next steps of the process by
signing the funding agreement. Once the THC staff verifies if any revisions are necessary to the
project's scope of work this document will be sent to you for signature.
The THC looks forward to working with you on this important preservation project. If you need
additional information or have any questions,please contact your project reviewer Lydia Woods in
the Architecture Division at 512.463.9122.
Sincerely,
CW1 aAdt -
Mark Wolfe
Executive Director
4111.
GREG ABBOTT, GOVERNOR •JOHN L. NAU, III, CHAIR •MARK WOLFE, EXECUTIVE DIRECTOR
P.O. BOX 12276•AUSTIN,TEXAS •78711-2276•P 512.463.6100•F 512.475.4872 •thc.texas.gov
STATE OF TEXAS
COUNTY OF JEFFERSON
FUNDING AGREEMENT
This Funding Agreement ("Agreement") is entered into by and between the State of Texas,
acting by and through the Texas Historical Commission ("Commission") and City of Port Arthur
("Grant Recipient"),a political subdivision of the State of Texas.
For good and valuable consideration, the receipt of which is hereby acknowledged, the
parties do hereby contract,covenant,and agree as follows:
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to provide for the administration of grant of funds for a
development grant to the City of Port Arthur for the Rose Hill Manor project.
ARTICLE II
AUTHORITY
2.01 This Agreement is authorized under the Texas Preservation Trust Fund Account, Texas
Government Code § 442.015, et seq. (Program), and the rules promulgated thereunder at
13 Texas Administrative Code§§17.1,et seq.
2.02 This Agreement is subject to the Uniform Grant and Contract Management Act,
Government Code Chapter 783,and the conditions and assurances promulgated thereunder
by the Office of the Governor.
ARTICLE III
PERIOD OF THE AGREEMENT
3.01 This Agreement becomes effective when signed by the last party whose signing makes the
Agreement fully executed. This Agreement shall remain in effect until the completion of the
project,as provided in Article V hereof, and the Commission's final approval of such work,
or until earlier terminated as provided in Article VIII hereof.
Funding Agreement Rose Hill Manor
Page 1 January 11, 2018
ARTICLE IV
GRANT OF FUNDS
4.01 The amount of the grant under the Program, which is the subject of this Agreement will
not exceed $13,800. The grant of funds shall be paid to the Grant Recipient in accordance
with the procedure described in Article VII hereof.
4.02 The Grant Recipient acknowledges matching funds are available as outlined directly below
to complete the project:
Total Grant Award: $13,800
Total Required Grant Recipient's Match: $13,800
Other funds available to complete the project: $36200
Total Project Cost: $63,800
4.03 The Grant Recipient shall be responsible for contributing all matching funds at an amount
not less than that specified in 4.02, unless the final project cost is less than that specified in
4.02. If the final cost is less than that specified in 4.02, there will be a commensurate
reduction to each party's contribution.
4.04 The Grant Recipient shall be responsible for funding any non-Program eligible costs
associated with the Project including any cost overruns in excess of the Project Cost
Estimate, operating and maintenance expenses, or interest on borrowed funds associated
with this Project.
4.05 The Grant Recipient shall have sufficient funds available to meet the non-state share of the
cost for the project.
ARTICLE V
SCOPE OF WORK
5.01 The parties hereby agree that the Scope of Work the Grant Recipient shall perform under
this Agreement is attached as Attachment "A" and incorporated herein for all purposes
("Scope of Work"). Changes shall not be made to the Scope of Work without prior
approval of the Commission and substantive changes may require bilateral amendments to
this contract.
Funding Agreement Rose Hill Manor
Page 2 January 11,2018
ARTICLE VI
GRANT RECIPIENT'S RESPONSIBILITIES
6.01 The Grant Recipient shall ensure that all matters pertaining to the Project are conducted in
conformance with the procedures described in the Texas Preservation Trust Fund Development
Project Manual,A Checklist of Procedures for Selected Participants all applicable state and federal
laws,rules and regulations and the legal directives of the Commission and its staff.
6.02 If applicable, the Grant Recipient shall provide for the procurement of all necessary
professional (e.g., architecture, engineering, archeologist and/or consultant) services related
to the Project.The Grant Recipient's contract(s) for professional services shall be submitted
to and reviewed by the Commission. The Grant Recipient shall provide and maintain
competent and adequate architectural/engineering supervision and inspection at the
construction site to insure that the completed work conforms with the approved plans and
specifications.
6.03 If applicable, the Grant Recipient shall ensure that planning documents, architectural plans
and/or specifications for the Project shall be in accordance with the treatment for
restoration, rehabilitation, reconstruction or preservation, as applicable, described the U.S.
Secretary of the Interior's Standards for the Treatment of Historic Properties. 1995 (36
Code of Federal Regulations Part 68), the Archeological and Historic Preservation Secretary
of the Interior's Standards and Guidelines, the Texas Accessibility Standards (State
Architectural Barriers Act, Texas Government Code, Chapter 469) as determined by the
Commission.
6.04 If applicable, the Grant Recipient shall submit architectural plans, specifications and/or
other planning products for the Project to the Commission for review and approval. The
Grant Recipient shall make all necessary revisions to the Project as determined by the
Commission.
6.05 The Grant Recipient shall ensure that the Project deadlines as outlined in this Agreement
and in the Texas Preservation Trust Fund Development Project Manual,A Checklist of Procedures for
Selected Participants, are met unless an extension is approved in advance by the Commission.
Extension requests shall be made in writing by the Grant Recipient at least 14 days prior to
the scheduled deadline.
6.06 If applicable, any field changes, supplemental agreements, or revisions to the plans and
specifications related to a particular phase of the Project that occur after the construction
contract is awarded must be mutually agreed to by the Commission and the Grant Recipient
prior to the commencement of the work related to that phase of the Project.
6.07 The Grant Recipient shall submit a "Project Completion Report" to the Commission upon
completion of the Project and prior to final reimbursement. Three (3) copies shall be
provided to the Commission. For Projects involving planning only, a draft plan shall be
provided to the Commission for review and comment prior to the completion of the
planning report. The Grant Recipient shall allow approximately 30 days from date of receipt
Funding Agreement Rose Hill Manor
Page 3 January 11,2018
for the Commission to respond with comments and allow adequate time for the
incorporation of those comments and any additional research required to complete the
product prior to the project completion deadline. The Grant Recipient shall make all
necessary revisions to the planning report as determined by the Commission.
6.08 The Grant Recipient shall establish safeguards to prohibit employees from using their
positions for a purpose that is, or gives the appearance of being motivated by a desire for
private gain for themselves or others, particularly those with whom they have family,
business,or other ties.
6.09 The Grant Recipient shall not dispose of or encumber its title or other interests in the site
and facilities during the period of state interest without the written consent of the
Commission.
6.10 The Grant Recipient shall comply with Title VI of the Civil Rights Act of 1964 [42 USC
2000(d)], and the American's with Disabilities Act of 1990,in that no person in the United
States shall, on the ground of race, religion, color, disability, or national origin, be excluded
from participation in,be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity for which the applicant receives financial assistance and will
immediately take any measures necessary to effectuate this agreement.
6.11 The Grant Recipient of a Acquisition Grant shall agree to repay the State of Texas the full
amount of the Texas Preservation Trust Fund Grant if the purchased property,wholly or in
part, is sold within one year of the date of the purchase assisted with said Texas
Preservation Trust Fund Grant.
ARTICLE VII
REIMBURSEMENT
7.01 The Grant Recipient shall be reimbursed for costs and expenses incurred to perform the
work related to the Project by submitting to the Commission documentation showing that
such costs and expenses have been paid. Reasonable, allowable, and allocable costs
incurred by the Grant Recipient, after the Grant Recipient has obtained written
authorization from the Commission to incur such costs, shall be eligible for reimbursement
at an amount not to exceed the stated maximum of the eligible authorized costs.
Documentation for costs and expenses shall amount to twice the amount for which the
Grant Recipient is requesting reimbursement. The Commission shall reimburse the Grant
Recipient for such expenses and costs in accordance with the State Prompt Payment Law
after the Grant Recipient submits the documentation required hereunder.
7.02 Only costs and expenses identified as eligible by the Commission shall be eligible for
reimbursement in accordance with Article VII hereof. Notwithstanding, the parties agree
that costs may be shifted between budget categories with written approval from the
Commission.
Funding Agreement Rose Hill Manor
Page 4 January 11,2018
7.03 Documentation necessary for reimbursement of Project costs and expenses shall include a
completed and signed Request for Reimbursement Form;verification of each cost presently
claimed; verification of each corresponding payment; and, appropriate documentation for
all in-kind match work or donations if applicable.
7.04 For each reimbursement request, reimbursement of all eligible Project costs and expenses
shall be made by the Commission on a one-to-one match of local to state dollars. This
means for every two dollars spent on approved Project costs, one dollar of state grant
money will be reimbursed to the Grant Recipient.
7.05 The Grant Recipient may request an interim reimbursement after the award of contract and
submission of proof of all incurred allowable expenses in increments of at least$2,500 or at
least 10 percent of the total project cost, whichever is lesser; or according to a schedule as
determined by the executive director of the Commission. If interim reimbursements are
requested 10 percent of the grant allocation will be retained for the final payment.
7.06 The deadline to incur project expenses and make final application for payment is August,
31, 2019. If an extension is needed, a written request by the Grant Recipient must
be received by the THC at least 14 business days prior to the August 31 deadline.
ARTICLE VIII
TERMINATION
8.01 This Agreement may be terminated prior to completion of the Project by mutual consent
and agreement in writing signed by all parties. In addition, this Agreement may be
terminated by either party upon the failure of the other party to fulfill the obligations set
forth in this Agreement,in the manner provided in Article 8.02 hereof.
8.02 If an event of termination is based on a material breach of the obligations of a party under
this Agreement,then the party seeking termination shall notify the party of such breach and
provide such party a reasonable period of time,which shall not be less than thirty (30) days,
to cure such breach. If the breach is cured within the time permitted, no termination shall
occur. Otherwise, this Agreement shall terminate after the period to cure the breach has
expired. Any cost incurred due to such a breach of contract shall be paid by the breaching
party.
Funding Agreement Rose Hill Manor
Page 5 January 11,2018
8.03 If the Grant Recipient withdraws from the Project after this Agreement is executed, but
prior to completion of the Project, all previously reimbursed Project costs shall be repaid to
the Commission by the Grant Recipient within sixty (60) days of termination.
8.04 The termination of this Agreement shall extinguish all rights, duties, obligations, and
liabilities of either party under this Agreement except the repayment provision under Article
8.03 and the inspection provisions under Article XVIII.
ARTICLE IX
AMENDMENTS
9.01 This Agreement is the entire agreement between the parties.Any changes, deletions,
extensions, or amendments to this Agreement shall be in writing and signed by all parties
hereto prior to the ending date hereof. 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.
ARTICLE X
NOTICES
10.01 All notices to either party by the other required under this Agreement shall be delivered
personally or sent by certified or U. S. Mail, postage prepaid or sent by electronic mail,
(electronic notice being permitted to the extent permitted by law but only after a separate
written consent of the parties),addressed to such parties at the following addresses:
Commission: Texas Historical Commission
Post Office Box 12276
Austin,Texas 78711
Grant Recipient: City of Port Arthur
P.O. Box 1089
Port Arthur,TX 77640
ARTICLE XI
SEVERABILITY
11.01 In case one or more of the provisions contained in this Agreement shall for any reason be
held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provisions and this Agreement shall be construed
as if it did not contain the invalid,illegal,or unenforceable provision.
Funding Agreement Rose Hill Manor
Page 6 January 11, 2018
ARTICLE XII
RESPONSIBILITIES OF PARTIES
12.01 The Commission and the Grant Recipient agree that neither party is an agent, servant, or
employee of the other party and each party agrees it is responsible for its individual acts and
deeds as well as the acts and deeds of its contractors, employees, representatives, and
agents.
ARTICLE XIII
OWNERSHIP OF DOCUMENTS
13.01 Upon completion or termination of this Agreement, all documents prepared by either party
shall remain the property of such party. All documents and data prepared under this
Agreement shall be made available to the Commission without restriction or limit on their
further use.
ARTICLE XIV
COMPLIANCE WITH LAWS
14.01 The parties hereof shall comply with all applicable Federal, State, and Local laws, statutes,
ordinances, rules, and regulations, and the orders and decrees of any courts or
administrative bodies or tribunals in any matter affecting the performance of this
Agreement. When required, either party shall furnish satisfactory proof of their compliance
with such requirements stated above.
ARTICLE XV
LIMITATION OF LIABILITY
15.01 The Commission shall not be liable for any direct or consequential damages to Grant
Recipient or any third party for any act or omission of the Grant Recipient in the
performance of this Agreement.The Commission shall neither indemnify nor guarantee any
obligation of the Grant Recipient.
ARTICLE XVI
DISPUTE RESOLUTION
16.01 The dispute resolution process provided for in Government Code Chapter 2260 shall be
used, as further described herein, by the parties to attempt to resolve any claim for breach
of this Agreement made by either party.
16.02 A claim by the Grant Recipient for breach of this Agreement that cannot be resolved
between the parties in the ordinary course of business shall be submitted to the negotiation
process provided in Government Code Chapter 2260, Subchapter B. Compliance by Grant
Recipient with Government Code Chapter 2260, Subchapter B is a condition precedent to
the filing of a contested case proceeding under Government Code Chapter 2260,
Funding Agreement Rose Hill Manor
Page 7 January 11,2018
Subchapter C.
16.03 The contested case process provided in Government Code Chapter 2260, Subchapter C is
Grant Recipient's sole and exclusive process for seeking a remedy for any and all alleged
breaches of contract by Commission if the parties are unable to resolve their disputes under
this Article XVII.
16.04 Compliance with the contested case process as provided in Article 16.02 hereof is a
condition precedent to seeking consent to sue from the Texas Legislature under Civil
Practices and Remedies Code Chapter 107. Neither the execution of this Agreement by the
Commission nor any other conduct of any representative of Commission relating to the
Agreement shall be considered a waiver of sovereign immunity to suit.
16.05 The submission, processing, and resolution of any claim by Grant Recipient hereunder is
governed by 1 Texas Administrative Code§§68.1,et seq.,now and as hereafter amended.
16.06 Neither the occurrence of an event alleged to constitute breach of this Agreement nor the
pendency of a claim constitute grounds for the suspension of performance by the Grant
Recipient,in whole or in part.
ARTICLE XVII
SOLE AND ENTIRE AGREEMENT
17.01 This Agreement constitutes the sole and entire agreement between the parties and
supersedes any prior understandings or written or oral agreements with respect to the
Project or the grant of award funds under the Program.
ARTICLE XVIII
INSPECTION OF BOOKS, RECORDS,AND WORK
18.01 The parties to this Agreement shall maintain all books, documents, papers, accounting
records and other documentation relating to costs incurred under this Agreement and shall
make such materials available to the Commission, the Grant Recipient, and the
Comptroller, or their duly authorized representatives for review and inspection at its office
during the contract period and for four (4) years from the date of completion of the work
defined under this Agreement or until any impending litigation, or claims are resolved.
Additionally, the Commission, the Grant Recipient, and the Comptroller and their duly
authorized representatives shall have access to all the governmental records that are directly
applicable to the Agreement for the purpose of making audits, examinations, excerpts, and
transcriptions. The Commission may, during normal business hours, inspect the work on
the Project undertaken through this Agreement.
ARTICLE XIX
SIGNATORY WARRANTY
19.01 The signatories to this Agreement warrant that each has the authority to enter into this
Funding Agreement Rose Hill Manor
Page 8 January 11, 2018
Agreement on behalf of the party represented.
IN WITNESS WHEREOF, this Agreement is executed in duplicate originals as of the
dates herein below.
TEXAS HISTORICAL COMMISSION CITY OF PORT ARTHUR
By: By:
Mark Wolfe
Title: Executive Director Title:
Date: Date:
Funding Agreement Rose Hill Manor
Page 9 January 11,2018
Attachment A
Scope of work
Rose Hill Manor
Jefferson County
Scope of Work
Rose Hill Manor
The scope of work consists of repairs to the chimneys at Rose Hill Manor.The chimney
work will include the replacement of terrace edge flashing and tuck-pointing the chimneys as
needed. Some chimneys will require new chimney-top parging and new caps.New chimney
flues will also be required. Additional deterioration and damage may be present from
Hurricane Harvey.This work will be approved by the Texas Historical Commission.
