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HomeMy WebLinkAboutAgreement by and between the Department of Natural Resources "'- Augusta Richmond GA DOCUMENT NAME: .J;rp,v-e-emc.J/'\.- 'o'j ex-rd te-\-wee.n -\-he , \)c:,~V-\-mcn~ O.~ N,cx\t..LV-Q\ hCSOGLyc--e S DOCUMENT TYPE: ACOY'-ttYYlLn+- YEAR: LOO~ BOX NUMBER: '2-D FILE NUMBER: \ " \ \ \ NUMBER OF PAGES: \\ .'.... - ., " .. ,:.< \\ ;~..i ; f ,". -~.. ;.~." , ST A TE OF GEORGIA COUNTY OF FULTON THIS AGREEMENT made and entered into the 1st day of May, 200.}, by and between the -Department of Natural Resources, State of Georgia, 205 Butler Street, S. W., Atlanta, Georgia 30334 (hereinafter referred to as the "DEPARTMENT"), and the city of Augusta hereinafter referred to as the "RECIPIENT"), whose address is 530 Greene Street, Augusta, Georgia 30911. WIT N E SSE T H: WHEREAS, the provision of adequate public recreation and park facilities, equipment, and areas; the preservation of scenic, historic, ecological, and scientific sites; and, the safe maintenance of such areas and facilities is an obligation of State government and a benefit to all the people; and WHEREAS, O.C.G.A. ~12-3-32 authorizes the DEPARTMENT to provide the above- mentioned services and facilities; and -:.::r.~ WHEREAS, the DEPARTMENT is authorized by O.C.G.A. ~12-3-5 and 12-3-32 to contract and make cooperative agreements, leases, and rental agreements, with the United States Government, any county, municipality, local government, or any combination of same, any public or private corporation, firm, or any persons whatsoever, any public authority, agency, commission or institution, or between State agencies, for any of the services, purposes, duties, responsibilities, or functions vested in the DEPARTMENT, specifically including protection, restoration, preservation, marking, maintenance or operation of any historic, archaeological or scientific site, ground, reservation, structure, building, site or other property for public use; and WHEREAS, the D EP AR TMENT acts as the liaison between the State of Georgia and the National Park Service, U. S. Department of the Interior (hereinafter sometimes referred to as the 1 .i " -, ,,' "NPS"), by administering the Federal assistance program for preservation of properties listed in the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.c. 470). WHEREAS, RECIPIENT owns the Appleby Library and its outbuilding (hereinafter referred to as the "PROPERTY"), and is listed in the National Register of Historic Places; and WHEREAS, RECIPIENT has duly applied for and been awarded a Federal grant (hereinafter referred to as the "GRANT") in the amount of Six Thousand Dollars ($6,000.00) for the development of the PROPERTY, such amount to be no greater than sixty percent (60%) of the allowable cost to the RECIPIENT of the project work, which is described, together with the budget for carrying it out, on Exhibit B which is attached hereto and by reference specifically incorporated herein. Payments on a sixty percent (60%) reimbursement basis may be made at reasonable intervals and upon submission to the DEPARTMENT ofa request for reimbursement, supported by required financial documentation and progress reports. NOW THEREFORE, in consideration of the promises, conditions and covenants hereinafter set forth, the parties hereby agree as follows: A. The RECIPIENT agrees by the necessary negotiations, agreements and contract to: 1. Undertake a project to include the items as set forth in Exhibit A, attached hereto, and by reference incorporated herein. 2. Complete the project and submit one copy of a first draft of the project to the DEPARTMENT for review and comment. Such draft shall be submitted to the D EP AR TMENT no later than April 1, 2004. The final draft shall be submitted to the DEPARTMENT no later than June 1, 2004 for review and approval. 2 " 3. Submit the required number of copies of the final project, as specified in Exhibit A, to the DEPARTMENT for review and approval. Such final project shall be submitted no later than August 15, 2004. 4. Notify the DEPARTMENT and obtain its approval prior to employing or otherwise securing the services of any consultant to be compensated with funds provided for in this Agreement. the RECIPIENT in writing that such records are no longer needed, or for three years after the project is completed. C. The RECIPIENT agrees to comply with all applicable regulations, laws, policies, guidelines and requirements of the grant program, including OMB A-87 or A-122, A-102 or A- 110, A-128, FMC 74-4 and 74-8, National Register Programs Guidelines, the Secretary of the Interior 's" Standards for Archaeology and Historic Preservation," and any special conditions or regulations relating to the application, acceptance and use of Federal funds for a federally assisted project. Final products that do not conform to the applicable Secretary of the Interior's "Standards" will not be reimbursed. No part of the funds provided for under the terms of this Agreement shall be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designated to influence in any manner a member of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. Thus, costs associated with activities to influence legislation pending before the Congress, commonly referred to as "lobbying," are unallowable as charges to HPF-assisted grants, either on a direct or indirect basis (18 V.S.C. ~ 1913). 1. The RECIPIENT will comply with Title V of the Civil Rights Act of 1964, 42 V. S. C. ~ 2000d et seq., and in accordance with Title V of that Act, no person in the Vnited States shall, on the ground of race, color, 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 Federal financial 4 , . \. assistance. The RECIPIENT will immediately take any measures necessary to effectuate this provision. 2. The RECIPIENT will comply with Title VI of the Civil Rights Act of 1966 (42 U.S.c. ~ 2000e! seq.) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment, or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. 3. The RECIPIENT will comply with Section 504 of the Rehabilitation Act of 1973 (29 U .S.C. 794et. ~) which requires that no qualified handicapped individual is solely, by reason of handicap, excluded from the participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. 4. The RECIPIENT agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.c. 12101 et. seq.). This act prohibits discrimination on the basis of disability in services, programs and activities provided by State and Local governments entities. 5. "The RECIPIENT agrees that as a condition to the receipt of funds provided herein, and in consideration of other benefits to be derived herefrom, RECIPIENT covenants that it will have an organization-wide audit made by an independent accounting firm for fiscal years which begin after December 31, 1984, in accordance with the requirements, regulations, apd exceptions prescribed under the Single Audit Act of 1984, (31 U.S.c. ~ 7501 et seq.), or OMB Circular A-lIO, and in accordance with generally accepted 5 , . , . government auditing standards. Further, RECIPIENT agrees to provide one copy of any audit report so performed to the DEPARTMENT within 180 days following each audit period and as soon as such report is available to RECIPIENT. All records and financial statements as may be necessary to verify the proper accounting of federally financed programs shall be made available to the DEPARTMENT or its agents upon reasonable notice." D. The RECIPIENT and the DEPARTMENT mutually agree: 1. That project work is limited to the historic preservation project only and that no development and/or physical improvements are allowable. 2. Any publications, exhibits, public announcements, news releases or presentations related to the project shall acknowledge Federal assistance substantially as follows: "This project has been financed in part with Federal funds from the National Park Service, U. S. Department of Interior, through the Historic Preservation Division of the Georgia , Department of Natural Resources. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior or the Georgia Department of Natural Resources, nor does the mention of trade names, commercial products or consultants constitute endorsement or recommendation by these agencies. This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, gender or disability in its federally-assisted programs. If you believe you have been discriminated 6 against in any program, activity, or facility as described above, or if you desire further information, please write to: Office for Equal Opportunity, National Park Service, 1849 C Street, N. W., Washington, D. C. 20240." 3. That any publication produced with the assistance of this grant or matching funds must have prior approval by the DEPARTMENT and the National Park Service. 4. That this Agreement is based upon the condition that if the RECIPIENT fails to perform . fully that which it herein agrees to perform this Agreement shall be void and of no effect and in such event, any funds thus far paid by the DEPARTMENT to the RECIPIENT shall be returned except as provided in paragraphs D6 and D7 below, and shall be due and owing to the DEPARTMENT; but if such condition is fully and truly performed, this Agreement shall be and remain in full force and effect. That the failure of the DEPARTMENT at any time to require performance by the RECIPIENT of any provision hereof, shall in no way affect the right of the DEPARTMENT thereafter to enforce the same, nor shall the waiver by the DEPARTMENT of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself. 5. If through any cause, the RECIPIENT shall fail to fulfill in timely and proper manner the obligation under this Agreement, or if the RECIPIENT shall violate any of the covenants, agreements, or stipulations of this Agreement, the DEPARTMENT shall thereupon have the right to terminate this Agreement by giving written notice to the RECIPIENT of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, 7 -, . " , ,. data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the RECIPIENT shall, at the option of the DEPARTMENT, become the property of the DEPARTMENT, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the RECIPIENT shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this Agreement by the RECIPIENT, and the DEPARTMENT may withhold any payments to the RECIPIENT, for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 6. The DEPARTMENT may terminate this Agreement at any time by giving written notice to the RECIPIENT of such termination and specifying the effective date thereof at least fifteep (15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, ,become its property. If this Agreement is terminated by the DEPARTMENT as provided in this paragraph, the RECIPIENT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the RECIPIENT covered by this Agreement, less payments of compensation previously made. 7. All data assembled and documents prepared by the RECIPIENT shall become the property of the DEPARTMENT except as provided in paragraphs D6 and D7 above. Copies of such data.and documents may be retained by the RECIPIENT. The RECIPIENT may make copies of any information the RECIPIENT desires. All publication, reproduction and copyright privileges shall be the property of the DEPARTMENT. 8 " 8. If the RECIPIENT is a nonprofit contractor as defined in O.C.G.A. ~ 50-20-2, the RECIPIENT agrees to comply with the provisions ofO.C.G.A. ~ 50-20-1 through 50-20- 8, and in particular the requirements of O.C.G.A. ~ 50-20-3, and with such further instructions and requirements that the State of Georgia may subsequently require in the implementation of said audit and financial statement provisions. 9. The parties to this Agreement certify that the provisions of law regarding conflicts of interest of public officials and employees as set forth at O.C.G.A. ~ 45-10-20 through 45- 10-28 have not and will not be violated in any respect in regard to this Agreement. 10. The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The RECIPIENT further covenants that in the performance of this Agreement no person having such interest shall be employed. 11. This Agreement is at all time subject to applicable State and Federal laws, standards and/or rules and regulations now existing or which may be hereafter enacted and/or adopted. 12. This Agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 13. Neither the performance nor the proceeds of this Agreement may be assigned except with the prior written consent of the Commissioner of the DEPARTMENT. 9 ,: " 14. This Agreement represents the sole and complete agreement between the parties hereto and may be amendedc changed or modified only by a written document signed by both Parties, hereto. 15. This Agreement is executed in two (2) counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one in the same instrument as the other. ~ WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the day and year first above written. GEORGIA DEPARTMENT OF N~OURCES By w~ W. Ray Luce, Director Witness /J ,nil" _ RECIPI /1lll~~ ^' by Witness Lr Typed Name: p Typed Title: 10 . ':. . '." t: " , l . SCOPE OF WORK AND BUDGET City of Augusta-Richmond County Historic Structure Report for Outbuilding of Appleby Library SCOPE OF WORK The RECIPIENT will produce a Historic Structure Report for the brick outbuilding of the Appleby Library. All project work shall conform to Secretary of the Interior's "Standards for Archaeolo2Y and Historic Preservation," which include the "Standards for Rehabilitation." The RECIPIENT will provide five (5) copies of the documents to the DEPARTMENT within the contract period. All project development shall be reviewed by the DEPARTMENT. The review process includes reviewing and approving consultant selection, the consultant contract, the preliminary draft, final draft, and other materials determined necessary during project development. BUDGET TOTAL $10,000 FEDERAL SHARE MATCHING SHARE $6,000 $4,000 11