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HomeMy WebLinkAboutRES.095.04-18-1984 BILL NO. 84-40 RESOLUTION N0. �S� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR AN HISTORICAL SURVEY AND PLANNING PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The City Manager on behalf of the City of Cape Girardeau, Missouri, is authorized to enter into an agreement with the Missouri Department of Natural Resources, Division of Parks and Historic Preservation, as the authorized liaison office with the Department of the Interior, National Park Service for an historical survey and planning project. A copy of this agreement is attached to this resolution and made a part hereof. �/� PASSED AND ADOPTED THIS �b DAY OF --�... , 1984 . ✓��w�c � % Howard C. Tooke, Mayor ATTEST: .,� ��`� � ��)1.�.LA� '�--�� Verna L. Landis, City Clerk • Project Number 29-84-8311 CONTRACT THIS AGREEMENT, made as of the 15th day of May , 1984 , and ending the 30th day of September , 1985 , between the State of Missouri , Department of Natural Resources, Division of Parks and Historic Preservation, as the authorized Liaison Office with the Department of the Interior, National Park Service, hereinafter sometimes called the "Grantee" on behalf of the State of Missouri , and the city of Cape Girardeau hereinafter sometimes called the "Transferee". WITNESSETH: THAT WHEREAS, the Transferee will conduct a reconnaisance level survey of an approximate 20 block area of the downtown area of the City of Cape Girardeau, in the County of Cape Girardeau. Upon completion of said survey, historic inventory survey sheets will be submitted to the grantee, as well as location maps and a photo of each identified historic or architectural site. In addition, two national register level surveys will be completed. NOW, THEREFORE, the Grantee and the Transferee for the consideration hereinafter named agree as follows: To submit: a)Approximately 194 inventory sheets with accompanying 3" X 5" black and white photographs, b) Approximately 194 site locations mapped on appropriate 1-inch-equals-400-feet scale maps, c) A report summarizing the project and describing methodology used, d) Preparation of a color videotape of at least the Class A sites found during the survey. I TRANSFEREE' S SERVICES The Transferee's professional services shall consist of the necessary conferences, field surveys, evaluation, delineation, drafting, photographing, completion reports and - I - EXHIBIT forms as determined by the Grantee. Services related to the detailed documentation of architecturally significant buildings shall include the provision of all information necessary to complete forms prepared by the Grantee, as well as photographs of each of the architecturally significant structures. The Transferee shall arrange conferences periodically between themselves and a duly appointed representative of the Grantee to insure work progress in accordance with the approved project, including a final inspection upon project completion. II TERMS DEFINED The following special terms as used in this contract are defined hereunder: The term "NPS" as used herein means the National Park Service, Department of the Interior - NPS-DOI; the term "DNR" as used herein means the State of Missouri , Department of Natural Resources, Division of Parks and Historic Preservation; the term "SHPO" (State Historic Preservation Officer) as used herein means the Director of the DNR or any representative delegated by the SHPO to act for him in official capacity. The term "Plan" as used herein means the Comprehensive Statewide Historic Preservation Plan as adopted by the National Park Service, Department of Interior, as extended by letter, and any amendments, revisions or supplements thereto; the term "The Program" as used herein means the National Register of Historic Places Program established by the National Historic Preservation Act of 1966, 16 U.S.C. Section 470; and all amendments. The term "Project Proposal " as used herein means the OHP form #2 application form and all attachments therein. The term "Transferee" as used herein means the City of Cape Girardeau , named as the second party to this amendment.; and the term "Fund" as used herein means any - P - monies received by the Transferee from the Grantee exclusively for this assistance program. The term "Attachment "A" Supplemental Report" also referred to as Attachment A refers to the official document for reporting all activities to the Grantee including time, expenditures, and project work. III TRANSFEREE' S COOPERATION The Transferee shall execute and complete the approved project in accordance with the project proposal . Failure to render satisfactory progress or to complete this or any other project which is the subject of federal assistance under this program to the satisfaction of the SHPO or the Grantee may be cause for the suspension of all obligations of the United States or the State of Missouri under this agreement. The Transferee shall secure completion of the project work in accordance with prevously approved methodologies. Deviation from the project proposal shall be submitted in writing to the Grantee for prior approval . Such approval , if given, shall also be in writing. In the event funds are not be available for future stages of a project, the Transferee shall bring the project to the point of usefulness which is feasible and reasonable and which is agreeable to both parties. The Transferee shall comply with the Policies and Procedures set forth in the NPS Handbook. Said handbook may be secured by written request to the Grantee. .Iv PROJECT COSTS Project costs for assistance under the Program shall be determined upon the - 3 - basis of the criteria set forth in the Handbook. The Transferee, when accepting a survey grant through the NPS, will do so in accordance with the Plan, the Handbook and the Program, and with the approval of the SHPO and/or Grantee. The Transferee shall act in accordance with those costs itemized in the Office of Management and Budget Circular A-1o2 . Said circular may be secured by written request to the Grantee. Those costs not listed in this circular shall be considered eligible costs only with the written approval of the NPS or its lawfully delegated representative. V PROJECT ADMINISTRATION The Transferee shall promptly submit such reports and data as the Grantee may request. Materials gathered pursuant to this agreement shall be available for inspection by the Grantee upon a twenty-four (24) hour request. Interest earned on funds granted pursuant to this agreement shall not-be available for expenditure by the Transferee, but shall be disposed of according to the instructions of the SHPO and/or Grantee. The Transferee shall use any funds received by way of advance payment from the United States under the terms of this agreement solely for the project stated herein and described. Because the basic objective of the Program is to enhance and increase the knowledge of Missouri 's historical resources through the enlargement of an historical archive, it therefore is the intent of both parties hereto; that the Transferee shall use monies granted exclusively for the purpose of this assistance program, including added administrative and record keeping costs necessary by this contract. The assistance granted from the fund will result in a net increase, - 4 - commensurate at a minimum with the amount of federal cost share. It is intended by both parties hereto that assistance from the fund shall be added to, rather than replaced by or substituted for, State and Local Historical Survey and Planning funds. • VI FINANCIAL RECORDS The Transferee shall maintain satisfactory financial accounts, documents, and records, and shall make them available to the National Park Service, the General Accounting Office, and the Grantee for auditing at reasonable times. Such documents, accounts, and records shall be retained by the Transferee for a period of five years or until completion of the subsequent audit and then destroyed only upon the writtem approval of the Grantee. VII REPORTS The Transferee shall use the Attachment "A" Supplemental Report as the only method of reporting to the Grantee. A copy of Attachment "A" Supplemental Report with instructions is attached and should be considered part of this contract document. The Transferee must submit Attachment "A" with all requests for reimbursement. If a Grantee makes no request for reimbursement within six months of contracting, the Transferee must submit an Attachment "A" even though no request for funding has occurred. Attachment "A" shall be considered to have a twofold purpose as follows: 1. To report all data cumulatively as expended or on the half year as noted above. 2. To report the complete and final project information to the end of - 5 - the final cumulative Attachment "A" shall be considered the final report. The final Attachment "A" shall report all costs of the grant assistance both federal local share, work months, and products. No closeout request for reimbursement will be honored without a final Attachment "A". VIII OWNERSHIP OF DOCUMENTS All documents, forms, plans, maps, photographs, specifications and data, unless otherwise stated elsewhere in this contract, shall become the property of the Transferee. The Transferee shall promptly, upon request, provide copies of said documents, forms, plans, photographs, specifications and data to the Grantee. IX REIMBURSEMENT The Grantee, as the official liaison office with the NPS, as stipulated by the Program, awards the Transferee a survey and planning grant in the amount of $11,000 . This grant is to be paid on a reimburseable basis to the Transferee upon completion of the obligations of this contract. This obligation henceforth is to be considered a part of this contract. X NON-DISCRIMINATION • The Transferee shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000(e), et seq. , and with the regulations promulgated pursuant to such act by the Secretary of the Interior and contained in 43 CFR 17 ( 1964). • - 6 - XI CONFLICT OF INTEREST 1. No offical or employee of the Transferee who is authorized in his official capacity to negotiate, make, accept, approve or take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in such contract or subcontract. 2. No person performing service for the Transferee in connection with this project shall have a financial or other personal interest other than his employment or retention by the Transferee in any contract or subcontract in connection with this project. No official or employee of such person retained by the Transferee shall have any financial or personal interest in any form unless such interest is openly disclosed upon the public record of the Transferee, and such officer, employee or person has not participated in such interest on the behalf of the Transferee. 3. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. No officer or employee of the Transferee whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this agreement shall take part in any of the political activity proscribed in the Hatch Political Activity Act 5, U.S.C. Section 1501 et seq., with exceptions therein enumerated. XII LOBBYING WITH APPROPRIATED FUNDS - 7 - Historic Preservation Fund grants must conform to provisions of 18 USC 1913: No part of this grant assistance appropriated by any 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, letter, printed or written matter, or other device intended or designed to influence in any manner a Member of Congress, to favor or oppose, by vote of otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such officers or employees of the United States or its Department or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business", as presented in 18 USC 1913. XIII PROJECT TERMINATION The Transferee may unilaterally rescind this agreement at any time prior to the commencement of the project by giving written notice of such action to the Grantee. After project commencement, the agreement may be rescinded, modified, or amended only by mutual written agreement, with the specific approval of the Director. The project shall be deemed to have commenced when the Transferee made any expenditure or incurred any obligation with respect to the project. Failure by the Transferee to comply with the terms of this agreement or any similar agreements, or to meet the standards of quality as adjudged by the Grantee, may be cause for the suspension of all obligations of the United States and/or the State of Missouri hereunder. Failure by the Transferee to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States - R - hereunder, if upon the judgement of the Director and/or Grantee, such failure was due to no fault of the Transferee. In such case, any amount required to settle at minimum costs and/or any irrevocable obligation properly incurred shall be eligible for assistance. XIV DISPUTES AND DISAGREEMENTS In order to prevent all disputes or disagreements between the parties aforesaid in relation to the performance hereof on the part of said Transferee, it is hereby expressly agreed and understood that in case any difference of opinion shall arise between the parties aforesaid as to the performance of services under this agreement, or any other matter connected with said services, the decision of the Director shall be binding. XV SUCCESSORS AND ASSIGNMENTS The Grantee and the Transferee each binds himself, his partners, successors, executors, and administrators, and assignees of such other party in respect to all covenants of this agreement. This agreement constitutes the only contract between the Grantee and the Transferee and along with forms, guidelines, reports, the Handbook and other documents attached or as stated herein is deemed complete and full . IN WITNESS WHEREOF the parties have executed this contract as of the day and year first above written. GRANTEE Approval Recommended: 4 ' (1- S&PJohn Karel , Director, Division of TRA SREE lity of Cape Girardeau Parks and Historic Preservation BY: Gary A. ide, City Manager B.H. Rucker, Assistant Director Division of Parks and Historic Preservation Approved as to form only: - 10 - Date: . Attachment "A" Supplemental Report Initial Application Cumulative Report Number: Amendment Cumulative Final Applicant N/A Project Number Fiscal Year • Original Cumulative Projection Actual Outlay ($) : Federal Local Federal Local A. National Register B. Other (Specify) : Effort (Work Months): Applicant Other Applicant other Staff (specify) Staff (specify)* A. National Register: B. Other (Specify): *Outside Contractors or Donated Time • Products: Number of Nominations Number of • Submitted to the Properties Contained HPP Office . in Nominations Original Cumulative Original Cumulative A. Projected Actual Projected Actual Individual Properties District Multiple Resource • Theme Original Cumulative Projection Actual • B. Number of Responses to Technical Assistance Requests C. Other (Specify) : 1 Date: Attachment "A" Supplemental Report Initial Application Cumulative Report Number: Amendment • Cumulative Final • Applicant N/A Project Number . Fiscal Year 1. Nominations Name Location Complete A. Single 1. 2. 3. 4. 5. 6. 7. 8. 9. • 10. 11. B. District 1. 2. OINIMINMo 3. 4. 5. - 2 - Date: Attachment "A" Supplemental Report Initial Application Cumulative Report Number: • Amendment Cumulative Final Applicant N/A Project Number • Fiscal Year Original Cumulative Projected Actual Outlay ($) : Federal Local Federal Local A. Preservation Tax Act B. Other (Specify) • Applicant Other Applicant Other Effort (Work Months): Staff (Specify) Staff (Specify)* A. Preservation Tax Act B. Other (Specify) * Outside Contractors or Donated Time • Original Cumulative Products: Projection Actual A. Technical Assistance Requests Answered • B. Other (Specify) C. List Contractors, Owners, Individuals • or Governmental Units assisted 1. • 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.15. _. , _ • Date: Attachment "A" Supplemental Report Initial Application Cumulative Report Number:_____ Amendment Cumulative • Final Applicant N/A Project Number Fiscal Year Products: st Contractors Continued: . 16. 17. 18. • 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. - 4 - Date: Attachment "A" Supplemental Report Initial Application Cumulative Report Number:_ Amendment Cumulative Final Applicant N/A Project Number Fiscal Year Original Cumulative Outlay: Projection Actual Federal Local Federal Local A. Survey B. Other (Specify) • Applicant Other Applicant Other Effort (Work Months) : Staff (Specify) Staff (Specify)* A. Survey B. Other (Specify) Original Cumulative Products: Projection Actual Federally Federally Funded Funded Surve Other* Survey Other A. Number of Properties Submitte to NPP Inventory: Minimum Level of Documentation: Architecture/History Archaeology National Register Level of Documentation: Architecture/History NIN=NNOMMMA . 01•M•1110111•111•• Archaeology B. Number of Square Miles Surveyed: Reconnaissance Level Survey: Architecture/History Archaeology Intensive Level Survey: Architecture/History Archaeology _ 3 _ Date: Attachment "A" Supplemental Report Initial Application Cumulative Report Number: Amendment Cumulative Final Applicant N/A Project Number Fiscal Year C. Number of Technical Assistance Requests Answered: D. Other (Specify) • E. Survey Area: Location Complete 1. 2. 3. 4. • 5. 6. *Only used if not involved with Grants-In-Aid • • - 6 - Date: Attachment "A" • Supplemental Report Initial Application Cumulative Report Number: Amendment • Cumulative Final Applicant N/A Project Number Fiscal Year Original Cumulative Outlay: Projection Actual Federal Local Federal Local A. Planning B. Other (Specify) Effort (Work Months): Applicant Other Applicant Other Staff (Specify) Staff (Specify)* A. .Planning B. Other (Specify) *Outside Contractors or Donated Time Original Cumulative Products: Projection Actual A. Number of Plans, Reports, or Guidelines developed (Specify)* . B. Number of Project Plans and Specifications *Specify on a continuation sheet C. Number of Historic Structure Reports D. Number of Technical Assistance . Requests Answered E. Other (Specify) F. List .by Name and Type Plans, Reports, or Guidelines: Complete 1. 2. 3. 4. 5. 6. 7. 8. • Date: Attachment "A" Supplemental Report Initial Application Cumulative Report Number: Amendment Cumulative Final Applicant • N/A Project Number Fiscal Year Products: • F. List by Name... Continued: 9. 10. 11. 12. 13. 14. • 15. • • Original . Cumulative Outlay ($) : Projection Actual Federal Local Federal Local . A. Active (Specify) Subgrants B. Other (Specify) Effort (Work Months): Applicant Other Applicant Other Staff (Specify) Staff (Specify)* A. Active Subgrants B. Other (Specify) *Outside Contractors or Donated Time • x Products: Complete pecify) 1. • 2. 3. 4. 5. • 6. 7. 8. Date:• • Attachment "A" Supplemental Report • Initial Application Cumulative Report Number: Amendment Cumulative Final Applicant N/A Project Number Fiscal Year Original Cumulative Applicant Projection Actual staff-time Federal Local Federal Local work months ($) ($) ($) ($) orig. cum pro3. act I. National Program Applicant B. Other II. Preservation • Tax Incentive • Program • Applicant B. Other III. Survey Program A. Applicant B. Other IV. Planning Program A. Applicant B. Other V. Other Activities • A. Applicant B. Other • TOTAL Percentage Planning and Survey: • • 9