HomeMy WebLinkAboutDOWNTOWN AUGUSTA WALKING TOURS BROCHURE FY 2007 HISTORIC PRESERVATION FUND GRANT CONTRACT
WIT N E SSE T H:
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STATE OF GEORGIA
COUNTY OF FULTON
TIDS AGREEMENT made and entered into this 1st day of April, 2007, by and between the Department
of Natural Resources, State of Georgia, (hereinafter referred to as the DEPARTMENT), and the City of
Augusta, whose address is 530 Greene Street, Room 806, Augusta, Georgia 30911 (hereinafter referred
to as the RECIPIENT).
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, a.C.G.A. ) 12-3-32 authorizes the DEPARTMENT to provide the above mentioned
services and facilities; and
WHEREAS, the DEPARTMENT is authorized by a.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; and
WHEREAS, the DEPARTMENT acts as the liaison between the State of Georgia and the
National Park Service, U.S. Department of Interior, by administering the Federal assistance program
for preservation of properties listed on the National Register of Historic Places, as provided by the
National Historic Preservation Act of 1966; and
WHEREAS, the RECIPIENT has duly applied for and been awarded a matching Federal grant in
the amount of $8,580.00 to produce downtown walking tour brochures for the City of Augusta.
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
DEPARTMENT no later than April 1, 2008. The final draft shall be submitted to the
DEPARTMENT no later than June 1,2008 for review and approval.
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, 2008.
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.
B. The DEPARTMENT, in consideration of such promises, covenants and undertakings by the
RECIPIENT, shall pay to the RECIPIENT an amount not to exceed $8,580.00, such amount to be
matched forty percent (40%) by the RECIPIENT. Payments on a sixty percent (60%) reimbursement
basis may be made at reasonable intervals and upon submission to the DEP AR TMENT of a request
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C. The RECIPIENT agrees to comply with all applicable regulations, laws, policies, guidelines and
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for reimbursement, supported by required financial documentation and progress reports. To satisfy
Federal fiscal year financial reporting requirements, all costs including matching share from the
beginning of the contract period through the following September 30,2007, must be reported and
required reimbursement request submitted by November 1, 2007. These documented costs, if
acceptable, will be reimbursed by the DEPARTMENT no later than December 31,2007. Costs
including matching share incurred prior to September 30th cannot be reimbursed after this time. Ten
percent of the total grant amount shall be withheld until review and approval by the DEPARTMENT
of the final report. Final requests for reimbursement must be submitted to the DEPARTMENT no
later than September 30, 2008. RECIPIENT shall maintain financial documentation concerning the
project work until a successful audit has been completed by the DEPARTMENT and the
DEP AR TMENT has notified the RECIPIENT in writing that such records are no longer needed, or
for three years after the project is completed.
requirements of the grant program, including OMB A-87 or A-122, A-102 or A-I 10, 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
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(18 U.S.C. ) 1913).
1. The RECIPIENT will comply with Title V of the Civil Rights Act of 1964,42 U.S.C.
2000d et seq., and in accordance with Title V of that Act, no person in the United 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 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.
2000 et 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. 794 et. ~ 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
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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
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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, and exceptions prescribed under the Single Audit Act of 1984, (31 U .S.C. )
7501 et seq.), or OMB Circular A-II0, and in accordance with generally accepted
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 [name of
project/product] has been financed in part with Federal funds from the National Park
Service, U. S. Department ofInterior, through the Historic Preservation Division of the
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Georgia Department of Natural Resources. However, the contents, opinions, and
recommendations expressed in this [project/product] 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 fmancial 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 ofthe 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 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 ifthe 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 D5 and D6 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
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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 hereofbe 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 ofthis 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, 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 ofliability 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
fifteen (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. Ifthis 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 D5 and D6 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. 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 of O.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
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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 times 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 D14. This Agreement
represents the sole and complete agreement between the parties hereto and may be
amended, changed or modified only by a written document signed by both Parties, hereto.
14. This Agreement represents the sole and complete agreement between the parties
hereto and may be amended, 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.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as ofthe day
and year first above written.
GEORGIA DEPARTMENT OF NATURAL
By
Witness
W. Ray Luce, Director
j,) I;l,\ l A RECIPIENT: CITY OF AUGUSTA
(lj/I){~;ff/t/ jlJaY (0 ffi- ~
Witness Printed or Typed Name: 1>A~P .5.. L..oj'e oJ-HA<lGt......
Printed or Typed Title: f'tA'1 ~I-
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EXHIBIT A
SCOPE OF WORK AND BUDGET
CITY OF AUGUSTAlRICHMOND COUNTY
DOWNTOWN WALKING TOUR BROCHURES
SCOPE OF WORK
The RECIPIENT will design and produce a series of four to six thematic, web-based brochures of downtown
Augusta.
All project work shall conform to the Secretary of the Interior's Standards for Archaeology and Historic
Preservation, which include the Standards for Preservation Planning. The RECIPIENT will provide a
computer diskette/CD and six (6) printed copies of the fmal brochures to the DEPARTMENT within the
contract period.
All project work by the RECIPIENT 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
FEDERAL SHARE
MATCHING SHARE
$8,580.00
$5,720.00
TOTAL
$14,300.00
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