HomeMy WebLinkAboutHistoric Preservation Fund Grant Contract
Augusta Richmond GA
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,AUGUSTA,RICHMOND COUNTY
PLANNING COMMISSION
GEORGE A. PATTY
EXECUTIVE DIRECfOR
E. L. DICKERSON
CHAIRMAN
525 TELFAIR STREET
AUGUSTA, GEORGIA 30901
PHONE: (706) 821,1796
FAX: (706) 821-1806
MEMORANDUM
TO:
Lena Bonner - Interim Clerk of Commission-Council
Paul T. DeCamp, Planning Director --rIP
FROM:
DATE:
August 6, 1996
SUBJ:
1996 Historic Preservation Fund Grant Contract
Bethlehem Design Guidelines Manual
Enclosed for your records is an original of the contract between Augusta-Richmond County and
the Georgia Department of Natural Resources (DNR) regarding the referenced grant project. The
project will help fund the preparation of a design guidelines manual for the Bethlehem Historic
District (see attached map ).
Please let me know if you have any questions or need additional information.
PTDfs
ENe
cc: Erick Montgomery, Historic Augusta, Inc.
Addie Powell, Bethlehem Area Community Association
'.
STATE OF GEORGIA
COUNTY OF FULTON
TIllS AGREEMENT made and entered into this 3rd day of June. 1996, by and between
the Department of Natural Resources, State of Georgia, (hereinafter referred to as the
DEPARTMENT), and Augusta-Richmond County Commission- Council whose address is
530 Greene Street. Room 605. 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 preseIVation 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 setvices 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,
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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 preselVation of properties listed on the National Register of Historic
Places, as provided by the National Historic PreselVation Act of 1966; and
WHEREAS, the RECIPIENT has duly applied for and been awarded a matching Federal
grant in the amount of Fifteen Thousand Dollars ($15.000) for development of Bethlehem
Local Historic Dist.rict Design Guidelines.
NOW lHEREFORE, 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 March 31, 1997. The final draft shall be submitted to the
DEPARTMENT no later than May 31, 1997 for review and approval.
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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, 1997.
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 Fifteen Thousand
Dollars ($15.000) 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. 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, 1996 must be reported and required reimbursement
request submitted by November 1, 1996. These documented costs, if acceptable, will be
reimbursed by the DEPARTMENT no later than December 31, 1996. Costs including matching
share incurred prior to September 30th cannot be reimbursed after this time. Ten percent
ofthe 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, 1997. RECIPIENT shall maintain financial documentation
concerning the project work until a successful audit has been completed by the DEPARTMENT
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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.
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-I28, 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 approp.riation 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 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
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assistance. The REOPIENT will immediately take any measures necessary to effectuate
this provision.
2 The RECIPIENT will comply with Title VI of the Qvi1 Rights Act of 1966 (42 D.S.C.
9 2000e 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 D.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.
4. The REOPIENT 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 REOPIENT 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 D.S.C. 97501 et seq.), or OMB Circular A-110, and in accordance with
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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 preselVation 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 PreselVation 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 Inte.rior 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,
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.
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If you believe you have been discriminated against in any program, activity, or facility
as described above, or if you desire further information, please w.rite to: Office for
Equal Opportunity, National Park Service, Post Office Box 37127, Washington, D.C.
20013-7127."
3. That any publication produced with the assistance of this grant or matching funds
must have p.rior 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 REOPIENT 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
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(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 mate.rials. Notwithstanding the above, the RECIPIENT shall
not be relieved of liability 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 DEP AR1MENT may tenninate 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.
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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 REClPIENf 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.
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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 perfOlmance nor the proceeds of this Agreement may be assigned except
with the p.rior 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 NATURAL RESOURCES
Q l/{L~
Witness 3
By
~
Mark R. Edwards, Director
RECIPIENT:
~ufJ/~
Witness
Typed Name: I arry E. Sconyers
Typed Title:
Mayor
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.
..
EXHIBIT A
SCOPE OF WORK AND BUDGET
AUGUSTA-RICHMOND COUNTY COMMISSION COUNCIL
BEmLEHEM LOCAL HISTORIC DISTRICT
DESIGN GUIDELINES
SCOPE OF WORK *
The RECIPIENT will develop a design guidelines manual for the Bethlehem Local Historic
District. The manual will include the history, physical characteristics and architecture of
the district, and guidelines for building sites, residential rehabilitation, new construction and
additions, commercial buildings, and streetscapes. The manual will be developed by conducting
background research on the area, conducting a windshield survey to collect relevant
Information, and obtaining public Input on the project drafts as they are developed.
All project work shall conform to Secretary of the Interior's "Standards for Archaeolo2V and
Historic Preservation." which include the "Standards for Preservation Plannine." The
RECIPIENT will provide five (5) 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 other materials determined necessary during project development.
BUDGET*
Consultants
Staff (Paid Labor)
Travel
Publication Costs
$15,000
8,000
1,000
1,000 for 50 copies of design guidelines
TOTAL
FEDERAL SHARE
MATCHING SHARE
$25,000
$15,000
$10,000
*Subject to National Park Service Approval
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