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HomeMy WebLinkAboutPinched Gut Historic District Augusta Richmond GA DOCUMENT NAME: ~\ ~D-I e;-.S) G.-u -r i-l,!;;T DR. I e. \) ~ OS -r R ; C -r DOCUMENT TYPE: AO)<Z.~~M~00T YEAR: ;).DD~ BOX NUMBER: \ ~ FILE NUMBER: } (p '7 L) "'7 NUMBER OF PAGES: It{ AUGUSTA-RICHMOND COUNTY COMMISSION Bon YOllNG Mayor STAFF ATTORNEYS VANESSA FLOURNOY SPARTlCUS HEYWARD LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G, HANKERSON WILLIAM B. KUHLKE. JR, WM, "WILLIE" H, MAYS, III STEPHEN E. SHEPARD MARION WILLIAMS JAMES B. WALL CITY ATTORNEY AUGUSTA LAW DEPARTMENT RICHARD L. COLCLOUGH Mayor Pro Tem GEORGE R. KOLB Administrator April 17,2003 Please Reply to: p,O, Box 2125 Augusta, GA 30903 (706) 821-2488 Fax (706) 722-5984 jwall@co,richmond,ga,us Ms. Lena BOlmer Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 30911 RE: Pinched Gut (Olde Town) Historic District Dear Lena: I enclose herewith the original of the fully executed Agreement between the Department of Natural Resources and Augusta. Please include this in the City's permanent records, Thanking you and with best personal regards, I am Yours very truly, ~ James B. Wall JBW/sjp Enclosure , .... ~1 -:. ~ ,O(lifnttl ~i tiel , , STATE OF GEORGIA COUNTY OF FULTON THIS AGREEMENT made and entered into this 1st day of May 2002, by and between the Department of Natural Resources, State of Georgia, (hereinafter referred to as the ~Sfal ~e--v~c" DEPARTMENT), and the' dygysta Ric ond Co. whose address is 530 Greene Street, Augusta, Georgia 30911- (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, Q,C.G.A. S 12-3-32 authorizes the DEPARTMENT to provide the above mentioned services and facilities; and WHEREAS, the DEPARTMENT is authorized by Q,C.G,A, S 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 Page .1 of 11 -.. i' ..; . . 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 $5,500,00 for Survey of Augusta's the Pinched Gut Historic District. 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 2, 2003. The final draft shall be submitted to the DEPARTMENT no later than June 3,2003 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, 2003. Page 2. of 11 . I .. , 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 $5,500.00 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 fmancial documentation and progress reports. To satisfy Federal fiscal year fmancial reporting requirements, all costs including matching share from the beginning of the contract period through the following September 30,2002 must be reported and required reimbursement request submitted by November 1, 2002, These documented costs, if acceptable, will be reimbursed by the DEPARTMENT no later than December 31,2002. 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 ofthe final report. Final requests for reimbursement must be submitted to the DEPARTMENT no later than September 30,2003. 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, I Page 1 of 11 i \ , . 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-lIO, 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. S 1913). 1. The RECIPIENT will comply with Title V of the Civil Rights Act of 1964,42 U.S.C. S 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. Page .1 of 11 .I' · ~ , , 2. The RECIPIENT will comply with Title VI of the Civil Rights Act of 1966 (42 U.S.C, S 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, and exceptions prescribed under the Single Audit Act of 1984, (31 U. S. C, S 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 ' Page .2. of 11 If ~,. " 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 against in any program, activity, or facility as described above, or if you desire further' Page Q. of 11 . . 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: Page 1 of 11 .' .. . 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 of liability to the D EP ARTMENT 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, 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: Page .a of 11 I. ~ . 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 a.C.G.A. 9 50-20-2, the RECIPIENT agrees to comply with the provisions of a. C, G .A, 950-20-1 through 50-20- 8, and in particular the requirements of a.c.G.A, 9 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. 945-10-20 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. Page .2. of 11 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, 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. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the day and OURCES w. Witness W, Ray Luce, Director Witness )1' ell Typed Name: Typed Title: o. RECIPIE Page 10 of 11 EXHIBIT A SCOPE OF WORK AND BUDGET CITY OF Augusta-Richmond Co. mSTORIC RESOURCE SURVEY SCOPE OF WORK The RECIPIENT will produce a historic resources survey of the Pinched-Gut historic district in the City of Augusta. All project work shall conform to the Secretary of the Interior's "Standards for Archaeol02Y 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 provide one hard copy of each form produced with appropriate photographs and maps to the DEPARTMENT 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. Photographs submitted should be black and white contact prints attached to the survey forms. The resource numbers from any previous surveys and the present survey should be cross-referenced. A survey report should be produced, which includes survey methodology, recommendations for future preservation activity and future National Register nominations, a brief developmental history (including architectural) of the area surveyed, and an analysis of survey results. The survey should also be submitted by the RECIPIENT to HPD on a computer diskette using the computer program provided by HPD. 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 MA TCHING SHARE $5,500 $3,666 TOTAL $9,166 Page 11 of 11 " RESOLUTION STATE OF GEORGIA COUNTY OF RICHMOND WHEREAS, at the regular meeting of the Augusta-Richmond County Commission of Augusta, Georgia, held on the 2151 day of May, 2002, a motion was made, duly seconded, and unanimously adopted that Augusta, Georgia agrees to the terms of the contract for a state grant in the amount of $5,500.00 between the Georgia Department of Natural Resources and Augusta, Georgia, to help pay for a survey of historic properties in the Olde Town neighborhood (Pinched Gut Historic District), authorized by the Mayor to execute said contract and any subsequent amendments on behalf of Augusta, Georgia. /1ii1f1Jti ~ :' r . .-.:,-}~ -~~ [SEAL ] "'l CERTIFICATION I certify that the above is a true and correct copy of the Resolution duly adopted by Augusta, Georgia on the date stated in the Resolution. I further certify that I am the Clerk of the Augusta-Richmond County Commission and that said Resolution has been entered in the official records of Augusta, Georgia and remains in full force and effect this 21" ::~~~ na 1. Bo er, Clerk Federal Employer's Identification #58-2204274