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
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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
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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.
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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
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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.
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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 '
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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'
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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:
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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:
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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.
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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
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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
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"
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.
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[SEAL ]
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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