HomeMy WebLinkAbout11- Montana State Historic Preservation Office Agreement01111'1' 1 .11C 7 fD1Tf1J1
Agreement Number. MT-11-013
STATE OF MONTANA AGREEMENT
This agreement (Agreement) is hereby made between City of Bozeman, PO Box 1230, Bozeman, MT 59772 (The
"Subgrantee") and the Montana State 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 1: SERVICES
The Subgrantee shall:
Maintain an active Historic Preservation Commission (I.IPC) that will advocate for preservation, assist the
I-IPO 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 infori 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;
f. Cooperate and communicate with the Grantee and fellow HPO/HPCs in Montana and elsewhere as
appropriate; and
g. Submit semi-annual progress 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.
6. Send at least one (1) person from the Certified Local Government to a State Historic Preservation Office
(SHPO) - approved training. The attendee shall attend the entire training and report back to their Preservation
Commission.
MT -11 -013
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 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 11: EFFECTIVE DATE, DURATION, AND REMUNERATION
The Agreement shall take effect as of April 1, 2011 and shall terminate March 31, 2012 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 PAYMEN
In consideration of Services rendered in this Agreement, the Grantee agrees to pay the Subgrantee as follows:
1. The Subgrantee agrees to submit semi-annual Progress Reports, meeting minutes, and Requests for
Reimbursement. Reports will be accompanied by the following documentation:
a. The Subgrantee's name, address and agreement number MT -1 -013;
b. Report discussing work completed during the reporting period. 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 reporting period.
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 11. Should such a contingency occur, the
MT -11 -013 2
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 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, 8/29197) 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 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
MT -11 -013 3
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; and
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.
1 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,
3. The Subgrantee will comply with The Age Discrimination Act of 1975 prohibiting discrimination on the basis
of age in programs and activities receiving Federal Financial assistance.
MT -11 -013 4
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: PROIJIBITION 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
Congress be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, Jett
printed or written matter, or any other device intended or designed to influence in any matter a Member of Congress,
favor or oppose, by vote or otherwise, any legislation of appropriation by Congress, whether before or of
introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers
employees of the U.S. or its Departments or agencies from communicating to Members of Congress on the request
any Member of Congress, through the proper channels, requests for legislation or appropriation that they de(
necessary for the efficient conduct of the public business." Thus, costs associated with activities to influer
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 S actions.
... ... .......
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
I. 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.
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
MT-11-013 5
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
I. 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.
3. 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 Opportunit;
National Park Service
1849 C Street, N.W.
Washington, D.C. 20240
4. 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.
MT -11 -013 6
SECT12N 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 Agree-
ment. 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 TV, 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- 1 02, as amended.
SECTION XVI SEVERABIL:rTy
It is understood and agreed by the parties hereto that if any t erm or provision Of this contract is by the cou 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.
SEQ11:10N XVII. EXECUTION
This Contract consists of this Agreement and pages of attachments; the origir - i copy is to be retained by SHPO.
A copy of the original and attachments, if any, has the same force and effect for all purposc, 7,s 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:
Subgrantee
Administrator, Centralized Services Division
Montana Historical Society
MT -1 -013
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Date
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