HomeMy WebLinkAbout15- State of Montana Historic Preservation Grant Funding AidAgreement Number: MT -15-012
STATE OF MONTANA AGREEMENT
This grant agreement (Agreement) is hereby made between the City of Bozeman, P.O. Box 1230, Bozeman, MT, 59772,
DUNS# 083705293 (the "Sub -grantee") and the Montana State Historic Preservation Office, Montana Historical Society
("MHS"), 225 North Roberts, PO Box 201202, Helena, Montana 59620-1202 (the "Grantor"). Liaison for the sub -grantee
is Courtney Kramer. Liaison for the grantor is Kate Hampton.
The State has been awarded $785,524 of grant monies from the U.S. Department of the Interior, the National Park
Service under the Historic Preservation Fund for the Federal fiscal year of 2015 (October 1, 2014 — September 30, 2015).
The funding for this agreement is provided by this award, CFDA number 15.904, Historic Preservation Fund Grants -In -
Aid. The Federal Award Identification Number assigned by the National Park Service (NPS) , is to be determined. The
HPF number assigned by the NPS is 31-15-131226.
Section 17-1-106, Montana Code Annotated, requires any state agency which receives non -general funds to identify and
recover its indirect costs (IDC). MHS's indirect cost rate is determined annually and is applied as a percentage of direct
costs charged to a federal award. As defined by 2 CFR Part 200 (formerly OMB Circular A-87), MHS's current IDC rate is
11.15% for fiscal year 2015 (July 1, 2014 to June 30, 2016). IDC will not be charged in relation to this agreement.
The two parties, in consideration of mutual covenants and stipulations described below, agree as follows:
SECTION I: SERVICES
The Sub -grantee shall:
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.
Participate in and carry out the responsibilities for Certified Local Government program status as
outlined in "The Montana Certified Local Government Manual."
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.
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 sub -grantee's historic preservation activities. On behalf
of the Sub -grantee 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;
Provide technical assistance, direction, literature on historic preservation tax credits, National
Register, Federal regulations and Secretary of Interior Standards;
Evaluate historic properties for potential and feasible reuse and rehabilitation;
Coordinate, promote and participate in events such as National Historic Preservation Month
and/or other preservation related activities;
Cooperate and communicate with the Grantor 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 the 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.
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 Grantor. 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
Grantor.
SECTION II: EFFECTIVE DATE, DURATION, AND REMUNERATION
This Agreement shall take effect on April 1, 2015 and shall terminate on March 31, 2016 unless a new termination date
is set or the agreement is terminated pursuant to SECTION IV. Total payments by the "Grantor" for all purposes under
this contract shall not exceed $5,500. In the event that the grantor does not receive full funding from the National Park
Service, the total grant award maybe reduced, as outlined in the CLG Manual. Payment shall be made on a
reimbursement basis by request of Sub -grantee to the grantor.
SECTION III: CONSIDERATION AND PROCESS FOR PAYMENT
In consideration of Services rendered in this Agreement, the Grantor agrees to pay the Sub -grantee as follows:
The Sub -grantee agrees to submit semi-annual Progress Reports, meeting minutes, and Requests for
Reimbursement. Reports will be accompanied by the following documentation:
The Sub -grantee's name, address and agreement number MT -15-012;
A report discussing the work completed during the reporting period. Include meeting agendas
and minutes;
C. An itemized listing of cash or in-kind donations that comprise the nonfederal match;
d. An itemized listing of project expenses that are charged to the federal grant; If indirect costs
(IDC) are claimed for reimbursement (or match), the IDC rate must be in accordance with 2 CFR Part
200.414. A copy of the IDC approval letter from the Cognizant agency must be submitted to the grantor
and approved prior to any reimbursement.
e. The net request for payment (reimbursement); and
f. Products produced during the reporting period.
2. All Requests for Reimbursement must be approved by the Grantor prior to payment. Payment for work
completed under this Agreement may be withheld pending the delivery and acceptance of such items. All Sub -
grantees 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 allow -ability under Chapters 12, 13
and 14 of the National Park Service's Historic Preservation Fund Manual and the State CLG Manual. The Sub -
grantor may request a copy of the CLG Manual from the grantor and the Historic Preservation Fund Manual is
available for inspection at the SHPO.
4. The Sub -grantee shall, at minimum, provide documentation detailing forty percent (40%) matching non-
federal funds for the overall grant award. In order to receive the full grant award of $5,500, the minimum dollar
amount of match necessary to be provided by the Subgrantee is $3,666.67 in matching in-kind services or cash.
In the event that the grant award is reduced, the match requirement would be reduced proportionally.
Requests for Reimbursement require the same 40% documentation relative to the amount requested. The
accepted Grant Application, reviewed and approved by the Grantor, provides an estimation of sources and
amounts of matching funds from the Sub -grantee.
The Grantor 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 Sub -grantee understands and agrees the Grantor, 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 parties agree the Grantor may set a new termination date or terminate the contract immediately, depending
upon the funding remaining available for the Agreement, and the Sub -grantee 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 Sub -grantee under this Agreement shall, at the option of the
Montana Historical Society (MHS), become the property of the MHS, and the Sub -grantee shall be entitled to
compensation for any un -reimbursed expenses necessarily incurred in satisfactory performance of this
Agreement. Notwithstanding the above, the Sub -grantee will not be relieved of liability to the Grantor for
damage sustained by the Grantor by virtue of any breach of the Agreement by the Sub -grantee, and the Grantor
may withhold any reimbursement to the Sub -grantee for the purpose of off -set until such time as the exact
amount of damages due the Grantor from the Sub -grantee is agreed upon or otherwise determined.
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 Sub -grantee to perform any of the services,
duties, or conditions in accordance with the time schedule contained in this Agreement. The Grantor will
provide the Sub -grantee with written notification of the reasons for the Sub -grantee's performance failure and
allow the Sub -grantee a period of not less than ten (10) days or more than thirty (30) days after receipt of said
notification to rectify the identified failure to perform.
SECTION V: GENERAL AND SPECIFIC CONDITIONS
The Sub -grantee agrees to follow the General and Specific Conditions according to this Agreement and Chapter 5 of the
Historic Preservation Fund Grants Manual.
SECTION VI: ASSIGNMENTAND PROCUREMENT PROCEDURES
1. The Sub -grantee 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 2 CFR part
200.317 through 200.326, 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)
noncompetitive 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 Sub -grantee 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 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 Grantor
prior to the initiation of the project.
4. Noncompetitive negotiation may be used with prior written approval from the Grantor when, after the
solicitation in accordance with Section VI, 3 above, competition is determined inadequate.
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The Sub -grantee will notify the grantor upon the selection of a subcontractor. Sub -grantee will verify
Subcontractor is not on the debarred list. A copy of this contract will be submitted to the grantor for review and
written approval prior to its execution.
6. Prior to the beginning of project work or any grant payment, the Sub -grantee must submit to the
grantor the below listed items to demonstrate that the federal procurement requirements have been met in
full:
Copies of the letters to qualified sources and public advertisements requesting proposals and/or
invitations to bid;
b. Copy of the Sub -grantee documentation of the selection criteria and process;
C. A copy of the successful proposal and a description of the Sub -grantee reasons for selection;
d. Listing of the unsuccessful offerors; and
Copy of the proposed contract between the Sub -grantee and the subcontractor.
Note: The grantor must review and approve all contracts between the Sub -grantee 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
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 Sub -grantee: 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 Sub-
grantor will co ply 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 Sub -grantee 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 Sub -grantee will comply with The Age Discrimination Act of 1975 prohibiting discrimination on the
basis of age in programs and activities receiving Federal Financial assistance.
SECTION VIII: FAIR LABOR STANDARDS
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The Sub -grantee 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 Sub-
grantee 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 grantor and the Sub -grantee.
SECTION IX: PROHIBITION AGAINST LOBBYING
The Sub -grantee 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 bili 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 Sub -grantee agrees that it will hold harmless and indemnify the MHS from any and all losses that may result to the
Grantor because of negligence on the part of the Sub -grantee, 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 Sub -grantee's actions.
SECTION XI: WORKERS' COMPENSATION
The Sub -grantee 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
1. 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 by the Sub -grantee as a project amendment. These amendments must have prior written approval
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from NPS before the change is implemented. Change orders will be treated as amendments. The Sub -grantee
must consult with the grantor to review the proposed change to determine if it substantially alters the scope of
work or the cost of the approved project. If the grantor determines the change to be substantial, the grantor
will process the amendment through NPS. Failure of the Subgrantee to notify the grantor of any such changes
may be construed as just cause for revocation and/or recovery of the grant funds by the grantor.
SECTION XIII: CONFLICT OF INTEREST
No officer or employee of the MHS or member of the Society Board or State Historic Preservation Review Board and no
member of the Sub -grantee'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
or her personal or pecuniary interest. The Sub -grantee 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 Sub -grantee 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 Grantor and/or the US Government to reproduce, publish, or
otherwise use, and to authorize others to use the work for Government purposes.
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, or 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 Opportunity
National Park Service
849 C Street, N.W.
Washington, D.C. 20240
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4. The Sub -grantee 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 Sub -grantee 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 Sub -
grantor shall maintain all administrative and fiscal records relating to this project for three years after the final grant
reimbursement is made by the Grantor to the Sub -grantee. Notwithstanding the provisions of SECTION IV, this
Agreement shall automatically terminate upon any refusal of the Sub -grantee 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 2 CFR part 200.333 through 200.338.
Subgrantees that expend $500,000 or more in Federal funds, shall perform an audit in compliance with the Single Audit
Act Amendments of 1996, 31 U.S.C. 7501 et seq. and OMB Circular A-133, "Audits of States, Local Governments, and
Non -Profit Organizations." For local governments and school districts, the subgrantee will provide the report to the State
of Montana, Department of Administration, Local Government Services Bureau. All other subgrantees, such as Tribal
Communities and Non -Profit Organizations, will provide the report to the Montana Historical Society, State Historic
Preservation Office.
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.
SECTION XVII: EXECUTION
This Contract consists of this Agreement and pages of attachments; the original copy is to be retained by the grantor. 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
dates set out below:
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City g4oz "an D to
( / Y/
Administrator, Centralized Services Division Date
Montana Historical Society
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