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HomeMy WebLinkAboutHISTORIC PRESERVATION OLDE TOWN DESIGN GUIDELINES PROJECT j~ :/1~-/ fCfC}.t.J AUGUSTA-RICHMOND COUNTY PLANNING COMMISSION GEORGE A. PATTY EXECUTIVE DIRECTOR DAVID M. DARBY CHAIRMAN 525 TELFAIR STREET AUGUSTA, GEORGIA 30901 PHONE: (706) 821-1796 FAX: (706) 821-1806 www.AugustaGA.gov MEMORANDUM TO: Lena Bonner, Clerk of Commission Paul DeCamp, Planning Director~ FROM: DATE: May 22, 2006 SUBJ: Historic Preservation Fund Grant Contract aIde Town Design Guidelines Project / / Enclosed for your records is the fully executed original of the contract between the City of Augusta and the Georgia Department of Natural Resources (DNR) related to a 2005 Historic Preservation Fund grant project. The project involves developing a Design Guidelines Manual for the Pinch Gut (aIde Town) National Register Historic District. A consultant has been hired to complete the manual. The project will be completed by September of this year. Please contact me if you have any questions. PTD/s ENC /-1 STATE OF GEORGIA COUNTY OF FULTON TIDS AGREEMENT made and entered into this 20th day of June 2005, by and between the Department of Natural Resources, State of Georgia, (hereinafter referred to as.the DEPARTMENT), and the c. .ci~ of AugustalRichmond County 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, O.C.G.A. 3 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. 3 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 Page 1 of 11 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 $13,000 to produce design guidelines of the Pinched Gut Historic District in 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, 2006. The final draft shall be submitted to the DEPARTMENT no later than June 1,2006 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, 2006. 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 such amount to be matched forty Page 2 of 11 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. 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, 2005 must be reported and required reimbursement request submitted by November 1, 2005. These documented costs, if acceptable, will be reimbursed by the DEPARTMENT no later than December 31, 2005. 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 30,2006. RECIPIENT shall maintain fmancial 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. 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 ofthe 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, Page 3 of 11 \ . r 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 prop()sing 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 Page 4 of 11 . , 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. 3 7501 et seq.), or OMB Circular A-llO, 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. V 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 Page 5 of 11 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 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 Page 6 of 11 , . 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 maybe 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~ 3 50-20-2, the RECIPIENT agrees to comply with the provisions ofO.C.G.A. 350-20-1 through 50-20-8, and in particular the requirements ofO.C.G.A. 350-20-3, 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. 345-10-20 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. Page 8 of 11 ~ .' 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 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 year fIrst above written. GEORGIA DEPARTMENT OF NATU ~ Ou'-/ By , SOURCES Witness W. Ray Luce, Director ,A,I . _ j 1 fECIPIENT: QR'~J'F AUGUJ,~" CHMOND COUNTY .tt1/d!p#1];nJAJ -J8!Y pkff/f~ .-WitBe38 Typed Name: ~. ' ;J :,d{)_f h_a.f-- L II:JT r-' , Typed Title: f t!1rIW C-<5~..vv $Si-- Page 9 of 11 EXHmIT A SCOPE OF WORK AND BUDGET CITY OF AUGUSTAlRICHMOND COUNTY DESIGN GUIDELINES SCOPE OF WORK The RECIPIENT will produce Design Guidelines forthe Pinched Gut Historic District in the City of Augusta. All project work shall conform to Secretary of the Interiors "Standards for Archaeolo!!V and Historic Preservation," which include the "Standards for Preservation Plannine:." The RECIPIENT will provide six (6) copies of the design guidelines 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 fother materials,determinoo 'necessary during-project development. BUDGET FEDERAL SHARE MATCHING SHARE $13,006.00 $ 8,677.00 TOTAL $21,677 .00 Page 10 of 11