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HomeMy WebLinkAboutHARRISBURG WEST END HISTORIC DISTRICT PHASE TWO $8,400.00 GRANT AGREEMENT · A ,lo STATE OF GEORGIA COUNTY OF FULTON THIS GRANT AGREEMENT made and entered into this 1st day of May 2009, 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, Augusta, Georgia 30901 (hereinafter referred to as the RECIPIENT). 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 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; 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 $8,400.00 to produce a historic resources survey of the Harrisburg-West End Historic District, Phase Two. Page 1 of 9 - .. ..... ,. "<, 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, 2010. The finaI draft shall be submitted to the DEPARTMENT no later than June 1, 2010, 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, 2010. 3. 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 $8,400.00, 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 DEPARTMENT of a request for reimbursement, supported by required financial documentation and progress reports. Ten percent of the total grant amount shall be withheld until review and approval by the DEP AR TMENT of the final report. Final requests for reimbursement must be submitted to the DEPARTMENT no later than September 30, 2010. RECIPIENT shall maintain financial documentation concerning the project work until a successful audit has been completed by the DEPARTMENT and the DEPARTMENT has notified the RECIPIENT in writing that such records are no longer needed, or for three years after the project is completed. Page 2 of 9 .....J , .J '.:-- The RECIPIENT agrees to comply with all applicable regulations, laws, policies, guidelines and requirements ofthe grant program, including OMB A-87 or A-122, A-102 or A-llO, 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 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 ~., 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 ~.) 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. seq.) 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. Page 3 of 9 , .' 4. The RECIPIENT agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 D.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 here from, 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 D.S.C.. 7501 et~.), or OMB Circular A-lIO, 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 of Interior, through the Historic Preservation Division of the 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 financial assistance for Page 4 of 9 f",J I' 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 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 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 require performance by the RECIPIENT of any provision hereof, shall in no way affect the right of the DEP AR TMENT 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, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the RECIPIENT shall, at the option ofthe 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 Page 5 of 9 ", \'''' 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. 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. Except as otherwise provided in paragraphs D5 and D6 above, all rights, title and interest in all documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by RECIPIENT pursuant to this Agreement (hereinafter referred to as the "project materials"), including without limitation any copyright, title, trademark and intellectual property rights in and to the project materials, shall remain with RECIPIENT. RECIPIENT reserves unto itself all rights of every kind and nature except those expressly granted to DEPARTMENT herein. RECIPIENT hereby grants to DEPARTMENT a perpetual, nonexclusive, nontransferable, royalty free, license to use, copy, maintain and modify the project materials, in whole or in part, and to incorporate the project materials, in whole or in part, into other works. 8. If the RECIPIENT is a nonprofit contractor as defined in a.c.G.A. 50-20-2, the RECIPIENT agrees to comply with the provisions of a.e.G.A. 50-20-1 through 50-20-8, and in particular the requirements of a.e.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. Page 6 of 9 Ii,.' t. !" 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 a.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 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 D 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. 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. Page 7 of 9 " ..".-." ~ IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the day and year first above written. Witness W. Ray Luce, Director )RECIPIENT: CITY OF AUGUSTA By CJlJJ4. ~ Printed or Typed Name: j)~~ ~. Core~i-h4~ Printed or Typed Title: t111. ., ,~ ~ lO" ~\)6\ Page 8 of 9 J -'" I' EXHIBIT A CITY OF AUGUSTA HISTORIC RESOURCES SURVEY HARRISBURG- WEST END HISTORIC DISTRICT, PHASE TWO SCOPE OF WORK The RECIPIENT will conduct a comprehensive Phase Two historic resources survey of all buildings, structures and objects, approximately 400 properties, located within the Harrisburg-West End Historic District, located within the City of Augusta. All project work shall conform to the Secretary of the Interior's Standards for Archaeology and Historic Preservation. All work shall also conform to the National Register Bulletin 24 (Guidelines for Local Surveys: A Basis for Preservation Planning) and to the Georgia Historic Resources Survey Manual. The RECIPIENT will have all survey data and digital photographs entered in the Natural, Archaeological, and Historic Resources Geographic Information Systems (NAHRGIS) online database within the contract period. The required maps include USGS topographical maps marked with the locations of all surveyed properties and keyed to survey forms or community maps as appropriate. The resource numbers from any previous surveys and the present survey will be cross-referenced. A survey report will be prepared and will include (some of the following incorporated from the Phase One Report): · A description of the project, including how the survey was funded, who sponsored it, the name of the surveyor, and a clear statement of the boundaries of the area surveyed. · Survey results, including the total number of surveyed resources, broken into categories for rural sites, towns, and cities. Previous surveys should be named. · A brief, developmental history of the area, including how the area reflects distinctive aspects of Georgia's history. · An architectural analysis, including the main building types, local architectural character, some general observations, and local eccentricities. The RECIPIENT will provide six (6) final copies of the survey report to the DEPARTMENT within the contract period. All project development 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 $ 8,400.00 $ 5,600.00 TOTAL $14,000.00 Page 9 of 9 ~.. .. CERTIFICATION ~ I == above is a true and correct copy of the Resolution duly adopted by ~/ e date stated in the Resolution. I further certiry that I am ;~ of ttit~../u;,l/4tInd that said Resoh~~as been entered in the official records of . and remains in full force and effect this day of . ,2001-. Clerk's signature At;t{!I~ Federal Employer's Identification # 51-1) ~ If J 7 'i '-. ~ RESOLUTION STATE OF GEORGIA COUNTY OF w~s, at the ~ meeting of , Georgia, held 00 the ~a 0' , 2001!., a motion was made, du' seconded, and unanimously adopted that agrees to the terms of the contract for a sta~~an~~oUB~of $ ~~a Departmeot~Natural Resources and e ~ to authJ1};es the 0 execute said contract and y subsequent amendments on behal of ~~~I ~{tI ATTEST: ~COUNTY'GEORGIA BY: Signature [J~X- (--- .,[ 0"1 ~~I~