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CC Resolution No. 2344RESOLUTION NO. 2344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM HOUSTON - GALVESTON AREA COUNCIL (H -GAC) FYI DOWNTOWN PUBLIC SPACES IMPROVEMENT PROGRAM FOR THE CITY'S SECOND PROJECT STARS GATEWAY SIGNAGE PROJECT IN THE AMOUNT OF TWENTY -FIVE THOUSAND AND NO1100 DOLLARS ($25,000.00); AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Manager of the City of Baytown is hereby authorized to accept a grant award from Houston - Galveston Area Council (H -GAC) FY15 Downtown Public Spaces Improvement Program for the City's second Project Stars Gateway Signage Project in the amount of TWENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($25,000.00). Section 2: That the City Manager is hereby designated as the authorized representative for all purposes under the grant and is authorized to execute the agreement, which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 3: This resolution shall take effect immediately fm and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED, by the affi mativ vdte of thCity Council of the City of Baytown this the 26"' day of February, 2015. X1--1 ATTF ST: L TICIA BRYSCH, Ci lerk APPROVED AS TO FORM: NACIO RAMIREZ, SR., City orney DONCARLOS, Mayor RPKarenlFiles%City CouncillResolutions\2015\February 26\AcceptingHGACDowntownPublicSpaceslmprovementProg ramGrant.doc Exhibit "A" HOUSTON - GALVESTON AREA COUNCIL GENERAL PROVISIONS GRANTEE AGREEMENT This Grantee Agreement is made and entered into this 90, day of February 2015, by and between the Houston - Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite #100, Houston, Texas 77027; and, the City of Baytown, hereinafter referred to as the Grantee, having its principal place of business at P.O.Box 424, Baytown, Texas 77522 -0424. WITNESSETH: WHEREAS, H -GAC hereby engages the Grantee to perform certain services in accordance with the specifications of the Agreement; and WHEREAS, the Grantee has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H -GAC and the Grantee do hereby agree as follows: ARTICLE 1 LEGAL AUTHORITY The Grantee warrants and assures H -GAC that it possesses adequate legal authority to enter into this Agreement. ARTICLE 2 APPLICABLE LAWS The Grantee agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3 INDEPENDENT ENTITY The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H -GAC or the Grantee. No provision of this Agreement or act of H -GAC in performance of the Agreement shall be construed as making the Grantee the agent, servant or employee of H -GAC, the State of Texas, or the United States Government. Employees of the Grantee are subject to the exclusive control and supervision of the Grantee. The Grantee is solely responsible for employee payrolls and claims arising, therefrom. ARTICLE 4 WHOLE AGREEMENT The General Provisions, Special Provisions and Attachments, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided, herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5 SCOPE OF SERVICES The services to be performed by the Grantee are outlined in the Special Provisions. ARTICLE 6 PERFORMANCE PERIOD This Agreement shall be performed as specified in the special provisions to be completed within 180 days of the execution of this agreement. ARTICLE 7 PAYMENTS The Grantee agrees that payments are predicated upon properly documented and verified proofs of performance delivered and costs incurred by the Grantee in accordance with the terms of this Agreement and shall be paid in accordance with the Compensation Section in the Special Provisions. ARTICLE 8 REPAYMENTS The Grantee understands and agrees that it shall be liable to repay and shall repay upon demand to H -GAC any amounts determined by H -GAC, its independent auditors, or any agency of state or federal government to have been paid in violation of the terns of this Agreement. ARTICLE 9 CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terns of this Agreement which are required by changes in federal law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. H -GAC or the Grantee may, from time to time, require changes in the scope of the services, the term or other provisions of this agreement to be performed hereunder. Such changes that are mutually agreed upon by and between H -GAC and the Grantee in writing shall be incorporated into this Agreement. ARTICLE 10 TERMINATION PROCEDURES The Grantee acknowledges that this Agreement may be terminated under the following circumstances: A. Convenience H -GAC may terminate this Agreement in whole or in part without cause at any time by written notice by certified mail to the Grantee whenever for any reason H -GAC determines that such termination is in the best interest of H -GAC. The Grantee may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to H -GAC B. Default H -GAC may, by written notice of default to the Grantee, terminate the whole or any part of the Agreement in any one of the following circumstances: (1) If the Grantee fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Grantee fails to perform any of the other provisions of this Agreement for any reason whatsoever, and does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H -GAC in writing) after receiving written 21 notice by certified mail of default from H -GAC. In the event of termination for any reason, all services of the Grantee and its employees and subcontractors shall cease and the Grantee shall prepare a final invoice reflecting the services actually performed pursuant to the Agreement which have not appeared on any prior invoice. Such invoice must be satisfactory to the Executive Director of H -GAC or his designee. H -GAC agrees to pay the Grantee, in accordance with the terms of this Agreement, for services actually performed, less payment of any compensation previously paid. ARTICLE 11 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 12 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with the H -GAC. ARTICLE 13 EXAMINATION AND RETENTION OF RECORDS The Grantee shall maintain during the course of the work, complete and accurate records of all of the Grantee's costs and documentation of items which are chargeable to H -GAC under this Agreement. H- GAC, through its staff or designated public accounting firm, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises of the Grantee. Failure to provide access to records may be cause for termination of the Agreement. ARTICLE 14 TITLES NOT RESTRICTIVE The titles assigned to the various sections of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 15 ACKNOWLEDGEMENT OF FUNDING SOURCE The Grantee shall give credit to the appropriate funding agency and the Houston - Galveston Area Council and HGALDC as the funding source in all oral presentations, written documents, publicity, and advertisements regarding any of the Grantee's activities which arise from this Agreement. ARTICLE 16 DISPUTES Any and all disputes concerning questions of fact or of law arising under this Agreement which are not disposed of by agreement shall be decided by the Executive Director of H -GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Grantee. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Grantee requests a rehearing from the Executive Director of H -GAC. In connection with any rehearing under this Article, the Grantee shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. 31 The Grantee may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Grantee shall proceed diligently with the performance of the Agreement and in accordance with H -GAC's final decision. ARTICLE 17 GOVERNING LAW; VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. ARTICLE 18 ORDER OF PRIORITY In the case of any conflict between the General Provision, the Special Provisions, and Attachments to this Agreement, the following order of priority shall be utilized: Special Provision, General Provisions, and Attachments. H -GAC and the Grantee have executed the Agreement as of the date first written above. Jack Steele, Executive Director Houston - Galveston Area Council Date Bob Leiper, City Manager Date City of Baytown 41 HOUSTON - GALVESTON AREA COUNCIL SPECIAL CONTRACT PROVISIONS: DOWNTOWN PUBLIC SPACES IMPROVEMENT PROGRAM CONTRACTOR AGREEMENT _SECTION 1 PERIOD OF PERFORMANCE The period of performance of this agreement begins upon execution of this agreement, from the date of execution, and must be completed within one hundred and eighty (180) days from the date of execution. SECTION 2 SCOPE OF SERVICES All parties agree that the Grantee, in consideration of the compensation hereinafter described, shall provide the services with H -GAC approval and/or supervision as specifically described in Attachment A, which is attached hereto and incorporated herein for all purposes. The Grantee agrees to perform the prescribed services as described in the grantees application for funding under the Downtown Public Spaces Improvements Program. SECTION 3 COMPENSATION The $25,000 grant will be paid on a reimbursement basis upon submission of approved cost records AND a project final report. Interim reports detailing partial project accomplishments and costs will be accepted for partial payment. The amount paid will equal 50% of the approved project costs, not to exceed either the grant amount or the out -of- pocket expenses. The Grantee shall be responsible for a minimum match of $25,000 in eligible cash purchases or in -kind contributions. The Grantee shall be reimbursed by H -GAC for authorized costs incurred in performance of the services set out in this contract as specifically described in Attachment A. The total reimbursement under this contract shall not exceed Twenty Five Thousand Dollars ($25,000). The Grantee shall submit detailed payment invoices to H -GAC within thirty (30) days after the completion of Contract services rendered. Reimbursement shall be made within thirty (30) days after the receipt of the Grantee's properly documented invoice. Costs incurred after the Contract period of performance will not be honored unless prior arrangements are made and approved in writing by H -GAC. The Grantee shall submit invoices to the following address: Community & Environmental Planning Department Houston - Galveston Area Council Attention: Amanda Thorin P.O. Box 22777 Houston, TX 77227 -2777 5 I ATTACHMENT A: SCOPE OF SERVICES A. Goal: Funds available through this program will be used to improve the public spaces in the Downtown areas of communities in the H -GAC region. The program will benefit the region by making Downtown areas more attractive and increasing local economic vitality, sales tax and property values, while preserving and enhancing their architectural and cultural history. B. Objectives: • Stimulate reinvestment and commercial activity in Downtown areas • Restore and preserve the historical fabric and character of the region's communities • Eliminate blight conditions in downtown areas C. Eligible Areas: • Project area must be located in a Downtown area or a recognized community gateway of a community in the H -GAC region D. Eligible Improvements: Eligible improvements include, but are not limited to the following: • Repair, replacement or new installation of streetscape improvements including landscaping, sidewalks, street lighting, street amenities such as benches, trash receptacles, fountains, sculpture, monuments and the like • Repair, replacement or new installation of canopies and awnings • Repair of historic facades • Restoration of historic signage E. Use of Proceeds: Funding may be used for: • Materials and labor costs for eligible improvements • Architectural and design costs for eligible improvements E. Program Eligibility: • Qualifying improvements must be a part of a City- approved plan • Qualified applicants include but are not limited to municipalities, their affiliates and other special purpose units of local government, as well as civic oriented non - profit organizations. F. Policy and Conditions of the Grant Program: • Matching grant amounts will be awarded for 50% of the total estimated cost of the improvements • Maximum grant amount awarded will be $25,000 G. Reimbursement Procedure: As a general rule, all local funding for a project must be expended prior to the use of the grant funding. Matching grant funds will be disbursed at the completion of improvements and with the acceptance of work by H -GAC Staff. Documentation of proof of payment must be submitted with a written request for reimbursement. Acceptable proofs of payment for reimbursement include, but are not limited to the following: • Itemized grantee and/or sub - grantee's invoices with the corresponding receipts and /or cancelled checks • Paid Invoices for materials and/or supplies with the corresponding receipts and/or cancelled checks, or • A release of lien from grantees, sub - grantees, and/or suppliers (A sample of the release of lien is available upon request) 61 • The applicant will supply any additional documentation as required by the H -GAC to confirm expenses. H. Project Duration: Approved Construction must begin within sixty (60) days from the date of grant approval, and must be completed within one hundred and eighty (180) days. The need for a longer term will approval, and must be completed within one hundred and eighty (180) days. The need for a longer term will be addressed on an individual basis. I. Changes to Approved Scope of Work: Funding will not be awarded for any changes under construction without prior approval. Significant changes to the scope of work will require the authorization of the H- GALDC. Minor changes may be approved by staff. J. Eligible Labor: Matching grant monies may not be used to pay a property owner or members of the owner's family for labor on the project. K. Acknowledgement of Financial Support: Acknowledgement of financial support from the Houston - Galveston Area Local Development Corporation is required whenever work funded, in whole or part, by this Agreement is publicized or reported in news media or publications. L. Grant Limitations: Matching grants shall be processed on a first come — first served basis, as grant monies are limited, and can be competitive. Consideration will include the necessity of the repairs or improvements, the potential economic benefit to the area and the general public, and the historic significance of the structure. Matching grants may be used for approved work only. The total of H -GAC funded grants from the Downtown Public Spaces Improvements Program for a single project may not exceed the combined total of $20,000 unless approved by H -GAC and the H- GALDC. 71 DPSIP NO. 2014-04 CITY OF BAYTOWN PROJECT STARS — GATEWAY PROJECT #2 H -GAC & Houston Galveston Area Local Development Corporation Downtown Public Spaces Improvements Program Narrative The City of Baytown seeks a partner in H -GAC on the second in a series of three planned gateways in the San Jacinto Texas Historic District as part of an overall plan to enhance the District's image and highlight historical resources. Gateway Project # 2 will be located at the base of the Fred Hartman Bridge (South State Highway 146) and just down Highway 330 from an Epic Art piece located at the ExxonMobil Facility that closely aligns with the District's regional theme. The current project is the second element in the previously mentioned master plan for the District that includes innovative urban landscaping, unique image enhancement techniques and strategic economic development focusing on untapped historical resources including the historic Texas Avenue. The City of Baytown previously partnered with the Economic Alliance Houston Port Region for a gateway beautification project located at the intersection of I -10 and South Main. The gateways will support cultural and heritage tourism. As with the first, the second gateway design incorporates a historical depiction of an oil derrick and is topped by the signature blue star of the San Jacinto Texas Historic District. The gateway project will be a monument type structure consisting of one column (simulating an oil derrick) sitting on a large stone base with a lit 9 -point star atop. The monument will stand approximately 25 feet wide and 42 feet tall. The total gateway project cost after formal bids were solicited is $492,771.00 The City of Baytown respectfully requests LDC DPSIP Grant $25,000 Combined Match $467,771 Total Budget $492,771 Local support and funding is currently in place to complete the project. The City of Baytown is prepared to initiate the project immediately upon receiving notice to proceed. Grant Approval The Community Investment Committee approved the City of Baytown Gateway project for $25,000 on November, 19, 2014. The LDC Board approved the City of Baytown Gateway project for $25,000 on November 21, 2014. Pictures: I WAU O-V +�. • `�.• +�.. -•.�*. °1`'i I `{ 1 •., • �. a y. � • •.. - ''a... Y.. -t "_• -•l.; N e , ..