HomeMy WebLinkAbout09- Agreement with Montana Historic Preservation Office
,`~ __
~~ ,i
!~
Agreement Number: MT-09-013
STATE OF MONTANA AGREEMENT ~ ~ ~'~ ---- S ~ ~°- - -
This agreement is hereby made between City of Bozeman, PO Box 1230, Bozeman, Montana, 59771
(The "Subgrantee") and the Montana Historic Preservation Office, Montana Historical Society, 1410 8th
Ave, PO Box 201202 Helena, Montana 59620-1202 (The "Grantee"). The two parties, in consideration of
mutual covenants and stipulations described below, agree as follows:
SECTION I: SERVICES
The Subgrantee will:
1. Maintain an active Historic Preservation Commission (HPC) that will advocate for preservation,
assist the HPO to accomplish preservation goals and fill vacancies on the HPC promptly.
2. Participate in and carry out the responsibilities for Certified Local Government program status as
outlined in "The Montana Certified Local Government Manual."
3. Insure historic preservation concerns are considered at all levels of local government planning and are
incorporated as goals of other local, state, and federal projects.
4. Administer local preservation ordinances.
5. Have on staff a minimum half-time designated Historic Preservation Officer (HPO) who
demonstrably plays an active and consistent role in the conduct of the subgrantee's historic
preservation activities. On behalf of the Subgrantee it is the role of HPO to conduct these activities
and/or work with the HPC to:
a. Regularly report on HPC activities at local government Commission meetings and be available for
comment to these groups and other local government offices;
b. Monitor Preservation Covenants and Agreements and provide historic preservation information and
assistance to property owners;
c. Provide technical assistance, direction, literature on historic preservation tax credits, National
Register, Federal regulations and Secretary of Interior Standards;
d. Inspect and evaluate historic properties for potential and feasible reuse and rehabilitation;
e. Coordinate, promote and participate in events such as National Historic Preservation Week and/or
other preservation related activities;
£ Cooperate and communicate with the Grantee and fellow HPO/HPCs in Montana and elsewhere as
appropriate; and
g. Submit quarterly reports, meeting minutes and financial reports per deadlines outlined in this
agreement. In the Final Progress Report, the HPO will identify benefits the local government has
derived as a result of the employment of a HPO, the needs of the local government for future
professional preservation efforts, and any additional functions of the HPO carried out which further
the understanding and implementation of historic preservation values and objectives in the local
government.
All work completed under this funding agreement must meet the Secretary of the Interior's Standards and
Guidelines for Archaeology and Historic Preservation as interpreted by the Grantee. Final products or
services that do not fulfill the requirements of this Agreement and do not comply with the appropriate
MT-09-013 1
Secretary of the Interior's Standards will not be reimbursed and any advance payments made in
connection with such products or services must be repaid to the Grantee.
SECTION II: EFFECTIVE DATE DURATION AND REMUNERATION
The Agreement shall take effect as of April 1, 2009 and shall terminate March 31, 2010 unless a new
termination date is set or the agreement is terminated pursuant to SECTION IV. Total payments by the
"Grantee" for all purposes under this contract shall not exceed: $5,500. Payment shall be made on a
reimbursement basis by request of Subgrantee to the SHPO.
SECTION III: CONSIDERATION AND PROCESS FOR PAYMENT
In consideration of Services rendered in this Agreement, the Grantee agrees to pay the Subgrantee as
follows:
The Subgrantee agrees to submit Progress Reports, meeting minutes and Requests for Reimbursement
quarterly. Reports will be accompanied by the following documentation:
a. The Subgrantee's name, address and agreement number MT-09-013;
b. Report discussing work completed during the quarter. Include meeting agendas and minutes;
c. An itemized listing of cash or in-kind donations that comprise the non-federal match;
d. An itemized listing of project expenses that are charged to the federal grant;
e. The net request for payment; and
£ Products produced during the quarter.
2. All Requests for Reimbursement must be approved by the Grantee prior to payment. Payment for
work completed under this Agreement may be withheld pending the delivery and acceptance of such
items. All Subgrantees must retain financial records, supporting documents, statistical records, and all
other records pertinent to the grant for a period of 3 years or until an acceptable audit (accessible by
auditors) has been performed and all claims and audit findings involving the records have been
resolved. The 3-year retention period starts from the date of the submission of the final report. A final
Request for Reimbursement must be submitted within thirty (30) days of the termination of this
Agreement if they are to qualify for payment..
3. All Requests for Reimbursement will be reviewed for eligibility and allowability under Chapters 12,
13 and 14 of the National Park Service's Historic Preservation Fund Manual and the State CLG
Manual. The Subgrantee may request a copy of the CLG Manual from the SHPO and the Historic
Preservation Fund Manual is available for inspection at the SHPO.
4. The Grantee may retain final payment of federal grant funds until such time as the approved project
work has been successfully completed and all conditions of this Agreement have been met.
SECTION IV: TERMINATION
The Subgrantee understands and agrees the Grantee, as a state agency, is dependent upon federal and
state appropriations for its funding and actions by Congress or the Montana Legislature may preclude
funding this Agreement completely through the termination date stated in Section II. Should such a
contingency occur, the parties agree the Grantee may set a new termination date or terminate the
contract immediately, depending upon the funding remaining available for the Agreement, and the
MT-09-013 2
Secretary of the Interior's Standards will not be reimbursed and any advance payments made in
connection with such products or services must be repaid to the Grantee.
SECTION II: EFFECTIVE DATE DURATION. AND REMUNERATION
The Agreement shall take effect as of April 1, 2009 and shall terminate March 31, 2010 unless a new
termination date is set or the agreement is terminated pursuant to SECTION IV. Total payments by the
"Grantee" for all purposes under this contract shall not exceed: $5,500. Payment shall be made on a
reimbursement basis by request of Subgrantee to the SHPO.
SECTION III: CONSIDERATION AND PROCESS FOR PAYMENT
In consideration of Services rendered in this Agreement, the Grantee agrees to pay the Subgrantee as
follows:
The Subgrantee agrees to submit Progress Reports, meeting minutes and Requests for Reimbursement
quarterly. Reports will be accompanied by the following documentation:
a. The Subgrantee's name, address and agreement number MT-09-013;
b. Report discussing work completed during the quarter. Include meeting agendas and minutes;
c. An itemized listing of cash or in-kind donations that comprise the non-federal match;
d. An itemized listing of project expenses that are charged to the federal grant;
e. The net request for payment; and
f. Products produced during the quarter.
2. All Requests for Reimbursement must be approved by the Grantee prior to payment. Payment for
work completed under this Agreement may be withheld pending the delivery and acceptance of such
items. All Subgrantees must retain financial records, supporting documents, statistical records, and all
other records pertinent to the grant for a period of 3 years or until an acceptable audit (accessible by
auditors) has been performed and all claims and audit findings involving the records have been
resolved. The 3-year retention period starts from the date of the submission of the final report. A final
Request for Reimbursement must be submitted within thirty (30) days of the termination of this
Agreement if they are to qualify for payment.
3. All Requests for Reimbursement will be reviewed for eligibility and allowability under Chapters 12,
13 and 14 of the National Park Service's Historic Preservation Fund Manual and the State CLG
Manual. The Subgrantee may request a copy of the CLG Manual from the SHPO and the Historic
Preservation Fund Manual is available for inspection at the SHPO.
4. The Grantee may retain final payment of federal grant funds until such time as the approved project
work has been successfully completed and all conditions of this Agreement have been met.
SECTION IV: TERMINATION
1. The Subgrantee understands and agrees the Grantee, as a state agency, is dependent upon federal and
state appropriations for its funding and actions by Congress or the Montana Legislature may preclude
funding this Agreement completely through the termination date stated in Section II. Should such a
contingency occur, the parties agree the Grantee may set a new termination date or terminate the
contract immediately, depending upon the funding remaining available for the Agreement, and the
MT-09-013 2
r
Subgrantee will be compensated for services rendered and expenses incurred to 5:00 p.m. of the
revised termination date.
2. In the event of termination, all property (except real estate) and finished or unfinished documents,
data, studies, and reports purchased or prepared by the Subgrantee under this Agreement shall, at the
option of the Montana Historical Society (MHS), become the property of the MHS and the Subgrantee
shall be entitled to compensation for any un-reimbursed expenses necessarily incurred in satisfactory
performance of this Agreement. Notwithstanding the above, the Subgrantee will not be relieved of
liability to the Grantee for damage sustained by the Grantee by virtue of any breach of the Agreement
by the Subgrantee and the Grantee may withhold any reimbursement to the Subgrantee for the purpose
of off-set until such time as the exact amount of damages due the Grantee from the Subgrantee is
agreed upon or otherwise determined.
3. Except for the provisions of SECTION IV, paragraph 1, and SECTION XII, either party may
terminate this Agreement without cause thirty (30) days after delivery of written notice in hand to the
other party.
4. The MHS may terminate this Agreement for failure of the Subgrantee to perform any of the services,
duties, or conditions in accordance with the time schedule contained in this Agreement. The Grantee
will provide the Subgrantee with written notification of the reasons for the Subgrantee's performance
failure and allow the Subgrantee a period of not less than ten (10) days nor more that thirty (30) days
after receipt of said notification to rectify the identified failure to perform.
SECTION V: GENERAL AND SPECIFIC CONDITIONS
The Subgrantee agrees to follow the General and Specific Conditions according to this Agreement and
Chapter 5 of the Historic Preservation Fund Grants Manual.
SECTION VI: ASSIGNMENT AND PROCUREMENT PROCEDURES
1. The Subgrantee agrees that the procurement of services, supplies, equipment, and construction will be
obtained efficiently and economically and in compliance with the applicable federal laws, and of OMB
Circular A-102, (as further amended, 8/29/97) and Chapter 17 of the Historic Preservation Grants
Manual.
2. The process for the selection of subcontractors to perform the services under this Agreement,
regardless of whether by competitive bidding or negotiated procurement, shall be conducted in a
manner that provides maximum open and free competition. Procurement procedures shall not restrict
or eliminate competition. Examples of what is considered to be restrictive of competition include, but
are not limited to: (1) placing unreasonable requirements on firms or individuals in order for them to
qualify to do business, (2) non-competitive practices between firms, (3) organizational conflicts of
interest, and (4) unnecessary experience and bonding requirements.
3. Competitive bidding or negotiated procurement is required for all survey and planning subcontracts.
Proposals shall be requested from an adequate number of sources (at least two or three sources) to
permit reasonable competition. The Request for Proposals shall be publicized and reasonable requests
by other sources to compete shall be honored to the maximum extent practicable. The Request for
Proposals shall identify the survey or planning area, population, number of properties to be
inventoried, funds available and volunteer support (if applicable). The Subgrantee shall document in
MT-09-013 3
writing the evaluation criteria used and the results of the technical evaluation of the proposals
received, determinations of responsible offerors for the purpose of written or oral discussions, and
selection for subcontract award. Subcontractors shall be selected on the basis of qualification, subject
to negotiation of fair and reasonable compensation. Unsuccessful offerors shall be notified promptly.
A copy of documentation of the selection process will be submitted to the Grantee prior to the
initiation of the project.
4. Noncompetitive negotiation may be used with prior written approval from the Grantee when, after the
solicitation in accordance with Section VI, 3. above, competition is determined inadequate.
5. The Subgrantee will notify the SHPO upon the selection of a subcontractor. Subgrantee will verify
Subcontractor is not on the debarred list. A copy of this contract will be submitted to the SHPO for
review and written approval prior to its execution.
6. Prior to the beginning of project work or any grant payment, the Subgrantee must submit to the SHPO
the below listed items to demonstrate that the federal procurement requirements have been met in full:
a. Copies of the letters to qualified sources and public advertisements requesting proposals and/or
invitations to bid;
b. Copy of the Subgrantee documentation of the selection criteria and process;
c. A copy of the successful proposal and a description of the Subgrantee reasons for selection;
d. Listing of the unsuccessful offerors;
e. Copy of the proposed contract between the Subgrantee and the subcontractor.
Note: SHPO must review and approve all contracts between the Subgrantee and subcontractors prior to
their execution. The parties agree that there will be no assignment or transfer of this Agreement or any
interest in the Agreement and that no service required under this Agreement may be performed under
subcontract unless both parties agree in writing.
SECTION VII: EQUAL EMPLOYMENT OPPORTUNITY
1. Pursuant to Sections 49-2-303 and 49-3-207 of the Montana Code Annotated and the federal Civil
Rights Act of 1964, (as amended) and Equal Employment Opportunity statute, in all hiring or
employment made possible by or resulting from this Agreement, the Subgrantee 1) will not
discriminate against any employee or applicant for employment because of race, color, social
condition, religion, sex, age, national origin, marital status, creed, political affiliation, or physical or
mental handicap and 2) will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, religion, sex, or national
origin. This requirement applies to, but is not limited to the following: employment, promotion,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship. The Subgrantee
will comply with all applicable statutes and Executive Orders on equal employment opportunity,
including enforcement provisions, as implemented by, but not limited to, Department of the Interior
policies, published in 43 CFR 17.
2. The Subgrantee will comply with Section 504 of the Rehabilitation Act of 1973 which provides that no
qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance.
MT-09-013 4
3. The Subgrantee will comply with The Age Discrimination Act of 1975 prohibit discrimination on the
basis of age in programs and activities receiving Federal Financial assistance.
SECTION VIII: FAIR LABOR STANDARDS
The Subgrantee agrees to comply with all Federal and State wage and hour rules, statutes, and regulations, and
warrants that all applicable Federal and State fair labor standards and provisions will be complied with both by
the Subgrantee and any subcontractors, in the event that subcontracted services are employed to fulfill the terms
and conditions of this Agreement are agreed upon by the MHS, SHPO and the Subgrantee.
SECTION IX: PROHIBITION AGAINST LOBBYING
The Subgrantee must conform to provisions of 18 USC 1913:
"No part of the money appropriated by an enactment of Congress shall in the absence of express authorization by Congress
be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written
matter, or any other device intended or designed to influence in any matter a Member of Congress, to favor or oppose, by
vote or otherwise, any legislation of appropriation by Congress, whether before or after introduction of any bill or
resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the U.S. or its
Departments or agencies from communicating to Members of Congress on the request of any Member of Congress,
through the proper channels, requests for legislation or appropriation that they deem necessary for the efficient conduct of
the public business." Thus, costs associated with activities to influence legislation pending before Congress,
commonly referred-to as "lobbying" is unallowable under this Agreement.
SECTION X: INDEMNIFICATION
The Subgrantee agrees that it will hold harmless and indemnify the MHS from any and all losses that may
result to the Grantee because of negligence on the part of the Subgrantee, its agents, representatives, or
employees. The Subgrantee shall hold harmless the MHS from any and all claims arising out of the execution
of this Agreement for injury to third persons, including their agents, employees, or volunteers, recipients, and
to the public at large, for injury to property of persons, which arise out of any Subgrantee's actions.
SECTION XI: WORKERS' COMPENSATION
The Subgrantee and all independent subcontractors earning compensation under this funding agreement
must elect to be bound personally and individually by the provisions of compensation plans 1, 2 or 3, but
he/she may apply to Montana Workers' Compensation division for an exemption from the Worker's
Compensation Act. The application must be made in accordance with the rules adopted by the division.
The division may deny the application only if it determines that the applicant is not an independent
contractor. When the division approves an application it is conclusive as to the status of an independent
contractor and precludes the applicant from obtaining benefits under this chapter.
SECTION XII: MODIFICATIONS AND PREVIOUS AGREEMENTS
This instrument contains the entire Agreement between the parties, and no previous statements,
promises, or inducements made by either party or agent of either party which are not contained in this
written agreement shall be valid or binding. This agreement may not be enlarged, modified, or altered
except in writing signed by the parties and attached to the original of this Agreement, except as
provided under Section IV (1). No change, addition, or erasure of any printed portion of this
Agreement shall be valid or binding upon either party.
MT-09-013
2. Any changes that substantially alter the scope of work or the cost of the approved project must be
submitted as a project amendment. These amendments must have prior written approval from NPS
before the change is implemented. Change orders will be treated as amendments. SHPO will be
consulted to review the change to determine if it substantially alters the scope of work or the cost of the
approved project. If the change is determined to be substantial, the SHPO will process the amendment
through NPS. Failure to notify the SHPO of any such changes may be construed as just cause for
revocation and/or recovery of the grant funds.
SECTION XIII: CONFLICT OF INTEREST
No officer or employee of the MHS or member of the Society Board or State Preservation Review Board
and no member of the Subgrantee's governing body at localities in which the project is situated or being
carried out who exercises any functions or responsibilities or who enjoys a position of influence in the
review or approval of the undertaking or carrying out of this project shall participate in any decision
relating to this Agreement which affects his personal or pecuniary interest. The Subgrantee agrees 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.
SECTION XIV: COPYRIGHT PROHIBITION
Except as otherwise provided in the terms and conditions of the grant agreement, the Subgrantee is
free to copyright any books, publications, or other copyrightable materials developed as a result of this
Agreement. However, any such copyrightable materials will be subject to a royalty-free, nonexclusive,
and irrevocable license throughout the work to the Grantee and/or the US Government to reproduce,
publish, or otherwise use, and to authorize others to use the work for Government purposes.
2. Any materials produced as a result of this Agreement which are to be publicly distributed, shall
include the following statement:
The (activity) that is the subject of this (type of publication) has been financed (in part/entirely) with Federal
funds from the National Park Service, U. S. Department of Interior, and administered by the SHPO of
Montana. The contents and opinions do not necessarily reflect the views or policies of the U.S. Department of
the Interior or the Montana Historic Preservation Office, nor does the mention of trade names or commercial
products constitute endorsement or recommendation by the Department of the Interior or SHPO.
Publications must include the nondiscrimination statement:
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, the U.S. Department of the Interior prohibits discrimination on the basis of race,
color, national origin, age, 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
MT-09-013 6
2. The Subgrantee shall not include in the materials produced as a result of this Agreement any
copyrighted matter without the written approval of the copyright owner that provided SHPO and the
United States Government with written permission to use the material in the manner provided herein.
SECTION XV: AUDITING
The Subgrantee agrees to allow access to the records of the activities covered by this Agreement as may
be necessary for legislative post-audit and analysis purposes in determining compliance with the terms of
this Agreement. The Subgrantee shall maintain all administrative and fiscal records relating to this project
for three years after the final grant reimbursement is made by the Grantee to the Subgrantee.
Notwithstanding the provisions of SECTION IV, this Agreement shall automatically terminate upon any
refusal of the Subgrantee to allow access to records necessary to carry out the legislative post-audit and
analysis functions set forth in Title 5 Chapter 12 and 13, MCA and the financial and programmatic audit
conducted by the Secretary of the Interior and the Comptroller General of the United States provided for in
OMB Circular A-102, as amended.
SECTION XVI: SEVERABILITY
It is understood and agreed by the parties hereto that if any term or provision of this contract is by the
courts held to be illegal or in conflict with any Montana law, the validity of the remaining terms and
provisions shall not be affected, and the rights and obligations of the parties shall be construed and
enforced as if the contract did not contain the particular term or provision held to be invalid.
ECTION XVII: EXECUTION
This Contract consists of this Agreement and pages of attachments; the original copy is to be retained by
SHPO. A copy of the original and attachments, if any, has the same force and effect for all purposes as
the original.
Each party has full power and authority to enter into and perform this Agreement, and the person signing
the Agreement on the behalf of each party has been properly authorized and empowered to enter into this
Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to
be bound by it.
To express the parties' intent to be bound by the terms of this Agreement, they have executed this
document on the date set out below:
Chief Elected/Auth 'zed Official ~ Subgrantee
-~~ ~
Date
Administrator, Centralized Services Division
Montana Historical Society
~~~
Date
MT-09-013 7