HomeMy WebLinkAbout137-08 RESOLUTIONRESOLUTION NO. 137-08
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT AND
A CONTRACT WITH THE ARKANSAS HISTORIC
PRESERVATION PROGRAM TO RECEIVE A CERTIFIED
LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $7,500
TO PROVIDE TRAVEL AND TRAINING FUNDS FOR THE
HISTORIC DISTRICT COMMISSION AND STAFF
WHEREAS, the City Council reinstated the Historic District Commission on May 6,
2006; and
WHEREAS, the City Council established White Hangar as a local ordinance district on
February 5, 2008; and
WHEREAS, the Historic District Commission will gain needed skills and knowledge
related to historic preservation from conferences and meetings hosted by national and state
organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a
resolution to approve a budget adjustment and contract with the Arkansas Historic Preservation
Program to receive a Certified Local Government grant in the amount of $7,500 to provide travel
and training funds for the Historic District Commission and staff, conditional upon the applicant
or any successor in interest fully complying with and completing all offered conditions as shown
in the Whereas clauses of this Resolution. %%% 11111fIfflot
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PASSED and APPROVED this 15` day of July, 2008.
APPROVED: ATTEST:
By:
DAN OOD > Mayor
By:1\71/�t.tti
SO DRA E. SMITH, City Clerk/Treasurer
CERTIFIED LOCAL GOVERNMENT PROGRAM GRANT AGREEMENT
Grant Number 08-CLG-13
This agreement is entered into between the City of Fayetteville, Arkansas, herein referred to as the City, and the
Arkansas Historic Preservation Program, hereinafter referred to as AHPP. AHPP agrees to provide a grant in the
amount of $7,500 to the for the purpose of:
Providing training for the Fayetteville Historic District Commission and staff.
THIS GRANT IS FOR THE ACCOMPLISHMENT OF THE PURPOSE, OBJECTIVE AND SCOPE OF WORK
HEREIN DEFINED.
1. SCOPE OF WORK
The City will send one or more representatives of its Historic District Commission to the 2008 National
Commission Forum, the 2008 National Preservation Conference. the 2009 Arkansas Preservation Conference,
and to quarterly training meetings to be announced by AHPP.
11. TIME FRAME of AGREEMENT
This agreement will begin on July I. 2008. and shall extend until May 31. 2009.
111. SCHEDULE OF PAYMENTS
Payment of the full grant amount, shall he paid to the City upon a request for payment to AHPP.
IV. AHPP RESPONSIBIEITTES
AHPP staff agrees to make periodic reviews of the project to review practices and products. AHPP reserves the
right to enforce the procedures as outlined in this contract. AHPP agrees to make available advice and counsel
necessary to accomplish the objectives and to render compensation upon invoice within a reasonable time
frame.
V. REPORTING REQUIREMENTS
A. The City will submit quanerly reports detailing progress of work.
13. The City will submit a final project report detailing all completed projects and including 10 copies each
of all publications.
C. If grant crosses Federal fiscal years. the City is required to submit progress reports (both programmatic
and fiscal) including a grantee expenditure and progress report by September 30 of the year the grant is
allocated.
1
If changes in agreement - e.g.: scope of work, products, budgets. etc. - are required, then the City must
submit a written request detailing proposed changes and wait for written approval from the State.
Vl. COMPLIANCE
All policies and procedures of the Department of the Interior. the National Park Service as well as
Federal regulations concerning expenditures of all Federal funds must be followecl by the AHPP and all
subgrant recipients. All grant projects will be administered by the AHPP in accordance with the
Historic Preservation Fund Grants Manual, particularly "Chapter 9: Certified Local Governments".
Separate financial records for each project will be maintained by the AHPP following Office of
Management and Budget Guidelines. The City must maintain efficient and effective accountability and
control of all funds received and expended under a subgrant from the AHPP.
The City agrees to the right of the AHPP director to review and comment on art set-up, written
narrative of any printed material, and audio visual material produced by the grant prior to final printing
or production and distribution.
The City must supply the State with evidence of compliance with Federal competitive procurement
requirements for professional services and subcontractors prior to reimbursement.
D. All products and projects must comply with the applicable Secretary of the Interior's Standards for
Rehabilitation. The standards are:
A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment.
The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
Each property shall be recognized as a physical record of its time, place, and use. Changes that
create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
Most properties change over time; those changes that have acquired historic significance in
their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the old
in design, color, texture, and other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
2
3. Significant archeological resources affected by a project shall be protected and preserved. if
such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale, and architectural features to protect the
historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner
that if removed in the future, the essential form and integrity of the historic property and its
enviromnent would be unimpaired.
All surveys (either new or those in progress) of historic strictures, sites, etc. will meet the following
criteria:
Person(s) hired to conduct survey will train with the AHPP Survey Coordinator before starling
project.
2. All survey information will be recorded on survey forms supplied by AHPP and meeling all
AHPP requirements.
A minimum of four (4) black and white photos and four (4) color slides (one of each elevation
of a structure or one from each direction-- N, S. E, or W --of a site) will be taken using 35mm
filum for inclusion with the survey fonn.
4. Monthly reviews of work in progress by AHPP Survey Coordinator.
The City will donate to AHPP a conservation easement on the property of any historic structure(s)
being restored, rehabilitated, or repaired as a pan of any project(s) utilizing ten thousand dollars
($10.000) or more of AFPPP funds. On such projects involving private properties, it will be the City's
responsibility to secure this easement for donation to AHPP before any grant funds are released.
V11. MANAGEMENT AND BUDGET GUIDFLINES
The City must assure and certify that he will comply with the regulations, policies, guidelines and requirements
as they relate to the application, acceptance and use of Federal funds for this federally -assisted project, as
contained in attachment G of OMB circular A-102. Also the City assures and certifies that:
The City will comply with and administer the project in conformance with the Civil Rights Act of 1964
(Public Law 88-352), as amended; as well as 43 CFR 17 and Part 506 of the Department Manual issued
by the Department of the Interior; and Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination against the handicapped. Title VI of the Civil Rights Act of 1964 stated
that no person will, on the grounds or race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for
which the applicant received Federal linancial assistance and will immediately take any measures
necessary to effectuate this agreement;
3
B. In all hiring or employment trade possible by or resulting from grant awards, the City (1) will not
discriminate against any employee or applicant from employment because of race, color, religion, sex,
age, or national origin, 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, age, or
national origin. This requirement applies to, but is not limited to, the following: employment
promotion, demotion, or transfer; recruitment or other recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
City its subgrantees will comply with all applicable statutes and Executive orders on equal employment
opportunity and grant awards will be governed by the provisions, as implemented by, but not limited to.
Department of the Interior policies, published in 43 CFR 17;
The City will give AHPP and the National Park Service or the Comptroller General through any
authorized representative the access to and the right to examine all records, books, papers, or
docutnents related to the grant;
The City must comply with Federal competitive procurement requirements for professional services and
subcontractors and will provide documentation of such compliance upon request.
The City will comply with the minimum wage and maximum hours provisions of the Federal Fair
Labor Standards Act, as they apply to hospital and educational institution employees of state and local
governments.
Upon completion of the project, the Secretary of the Interior. the Comptroller General of the United
States, the AHPP, and/or any of their duly authorized representatives shall have access for the purpose
of financial or programmatic audit and examination any books, documents, papers and records of the
City that are pertinent to the grant at all reasonable times during the period of retention provided in
OMB Circular A 102, attachment C, for at least three (3) years or until all claims or audit findings have
been resolved.
Lobbying with appropriated funds. Historic Preservation Fund grants must conform to provisions of 18
USC 1913: "No par of the money 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 services,
advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or
designed to influence in any manner a Member or Congress, through ihe proper official channels,
requests for legislation OPR appropriation which they deem necessary for ihe efficient conduct of the
public business." Thus, costs associated with activities to influence legislation pending before the
Congress, commonly referred to as "lobbying," are unallowable as charges to NPS assisted grants.
The City must submit acceptable Federal and non -Federal share supporting documentation prior to
reimbursement.
In addition to the terms detailed in this grant agreement, alt Federal requirements governing grants
(Office of Management and Budget Circulars A-87 or A-122. A-102 or A-1 10, and A-128) are
applicable.
4
VIII. PUBLICATIONS AND PUBLIC INFORMATION
An acknowledgment of National Park Service and Arkansas Historic Preservation Program support must be
made in connection with the publication of any material based on, or developed under, any activity supported
by Historic Preservation Fund grant funds. This acknowledgment shall be in the form of a statement as follows:
The activity which is the subject of this (type of publication ) has been financed (in part/entirely) with Federal
fiends from the National Park Service, Department of the Interior, administered through the Arkansas Historic
Preservation Program, an agency of the Department of Arkansas Heritage. However, the contents and
opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention
of trade names or commercial products constitute endorsement or recommendation by the Department of the
interior or the Arkansas Historic Preservation Program.
Press releases, publications, and other public dissemination of information by the City made possible by a grant
shall acknowledge National Park Service. Department of the Interior and Arkansas Historic Preservation
Program, Department of Arkansas Heritage grant support. A minimum of eight copies of any publication will
be furnished by the Preservation Program will transmit three copies to the Department of the Interior Library,
one copy to the National Park Service. Divisions of Personnel and Management, and one copy to the Office of
Communications. The remainder will be placed in the Arkansas Historic Preservation Program files.
Al] printed material (publications, brochures, etc.) will be printed on recycled paper using soybean ink in
accordance with Executive Proclamation Order f190-1.
IX. LIMITATION OF LIABILITY
The AHPP assumes no responsibility with respect to accidents, illness or claims arising out of any work
performed under a subgrant supported project. The City is expected to take necessary steps to insure itself and
its personnel and students and to comply with the applicable local. State. or Federal safety standards, including
those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 SFR 1910).
PROJECT CANCELLATION
Approved projects may be canceled for one or more of the following reasons:
A. The City requests project cancellation.
B. The City fails to initiate project work.
C. The City initiates work prior to receipt of written notification of project approval.
D. Project work is found not to be in conformance with conditions as stated in the grant agreement.
X1. AMENDMENTS
This agreement may be amended upon written request and approval by both parties
X11. APPROVAL OF ATIPP
The City of Fayetteville is aware that this grant is contingent upon approval of the AHPP and the availability of
funds; and agrees that no work will begin on the project until written approval from the AHPP is received.
SIGNATURES
Frances lvicSwain
Director, Arkansas Historic Preservation Program
Deputy State Historic Preservation Officer
City of Fayetteville Signatd
04 at
Nate printed
11AL2HA Of
Title
Date Date
6
Jftt\1 O, wog
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2008
Department: Operations
Division: Planning & Development Managemen
Program: Long Range Planning
Date Requested
6/12/2008
Adjustment Number
Project or Item Added/Increased:
Historic Preservation Travel and Training
1010.6310.5304.00 06024.01
Project or Item Deleted/Reduced:
None. $7,500 in State Grants
Justification of this Increase:
The funding is approved with the Historic Preservation
Grant #08-CLG-13 approved by City Council on the July
1, 2008 meeting as part of a Resolution.
Justification of this Decrease:
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number
Travel & training 1010 6310
Account Name
5304 00
Amount
Project Number
7,500 06024 02 01
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
State Grants -Operational
1010 0001
4302 01
Project Number
7,500 06024 080(
Approval Signatures
Requested By
Budg t Manager
Department irector
Finance &,kftt&rnal Services Director
Mayor
6-10Date
Date
/r fit, /73
Date
Budget Office Use Only
Type: A B
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
C
Initial
Initial
Initial
E
Date
Date
Date
Karen Minkel
Submitted By
City of Fayetteville
Staff Review Form
Contracts
1 -Jul -08
City Council Meeting Date
Long Range Planning
Division
Action Required:
,fths
7/1/61
/37
1s ert
k9 L
thin (14 /Ssf on
Grp
Operations
Department
Approval of a budget adjustment and contract with the Arkansas Historic Preservation Program to receive a Certified Local
Government grant in the amount of $7,500 to provide travel and training funds for the Historic District Commission and staff.
$o.00
Cost of this request
1010.6310.5304.00
Account Number
06024.1
Project Number
Budgeted Item
n/a
Category/Project Budget
n/a
Funds Used to Date
n/a
Remaining Balance
Budget Adjustment Attached
X
n/a
Program Category / Project Name
n/a
Program / Project Category Name
n/a
Fund Name
Department Director
ryf, S I { n4,--, )
m41 (Pike --
City Att&ney
garC
Date
Date
6- IG -61
Previous Ordinance or Resolution # n/a
Original Contract Date:
Original Contract Number:
n/a
n/a
Received in Mayor's Office
Mayor
Date
Comments:
City Council Meeting of July 1, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Karen Minkel, Interim Director of Long Range Planning
Date: June 12, 2008
Subject: Approval of a budget adjustment and contract with the Arkansas Historic
Preservation Program to receive a Certified Local Government grant in the
amount of $7,500 to provide travel and training funds for the Historic
District Commission and staff.
RECOMMENDATION
Planning Staff recommends approval of a budget adjustment and contract with the
Arkansas Historic Preservation Program to receive a Certified Local Government grant in
the amount of $7,500 to provide travel and training funds for the Historic District
Commission and staff.
BACKGROUND
The City Council reinstated the Historic District Commission on May 6, 2006 by Res.
No. 78-06. Planning staff has applied for and received a Certified Local Government
(CLG) grant for the past two years to pay for the Historic District Commission's and
Staffs travel and training related to historic preservation. The 2007-2008 grant was
$3,000, and enabled a staff member to attend a quarterly CLG meeting in El Dorado and
two staff members and three commissioners to attend a training and meeting in North
Little Rock. These conferences have increased Staffs and the Commission's knowledge
and skills, contributing to their work on the formation of a local historic district for White
Hangar.
BUDGET IMPACT
The City will provide in-kind services for approximately S4,577 in the form of staff time.
Karen Minkel, Interim Director of Long Range Planning, and Kristina Jones, Long Range
Planning Technician, will spend 5% of their time administering the grant.
RESOLUTION NO.
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT AND
A CONTRACT WITH THE ARKANSAS HISTORIC
PRESERVATION PROGRAM TO RECEIVE A CERTIFIED
LOCAL GOVERNMENT GRANT IN THE AMOUNT OF $7,500
TO PROVIDE TRAVEL AND TRAINING FUNDS FOR THE
HISTORIC DISTRICT COMMISSION AND STAFF
WHEREAS, the City Council reinstated the Historic District Commission on May 6,
2006; and
WHEREAS, the City Council established White Hangar as a local ordinance district on
February 5, 2008; and
WHEREAS, the Historic District Commission will gain needed skills and knowledge
related to historic preservation from conferences and meetings hosted by national and state
organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville. Arkansas hereby approves a
resolution to approve a budget adjustment and contract with the Arkansas Historic Preservation
Program to receive a Certified Local Govemment grant in the amount of $7,500 to provide travel
and training funds for the Historic District Commission and staff, conditional upon the applicant
or any successor in interest fully complying with and completing all offered conditions as shown
in the Whereas clauses of this Resolution.
PASSED and APPROVED this 15' day of July, 2008.
APPROVED: ATTEST:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
1(7.3.08) Clarice Pearman - Res. 137-08 Page 1a
From: Clarice Pearman
To: Minkel, Karen
Date: 7.3.08 3:53 PM
Subject: Res. 137-08
Attachments: 137-08 Historic District Commission Grant.pdf
CC: Audit; Fell, Barbara
Karen:
Attached is a copy of the resolution regarding the Historic District Commission grant. I am forwarding to Budget & Research the
original budget adjustment via interoffice mail. 1 am also forwarding to you the agreement signed by the mayor Please be sure
that a copy of the fully signed agreement is sent to dty clerk's office when retumed to you. Have a good and safe weekend.
Thanks.
Clarice
/37- 08
CERTIFIED LOCAL GOVERNMENT PROGRAM GRANT AGREEMENT
Grant Number 08-CLG-13
This agreement is entered into between the City of Fayetteville Arkansas, herein referred to as the City, and the
Arkansas Historic Preservation Program, hereinafter referred to as AHPP. AHPP agrees to pt Ovide a grant in the
amount of $7,500 to the for the purpose of:
Providing training for the Fayetteville Historic District Commission and staff.
THIS GRANT IS FOR THE ACCOMPLISHMENT OF THE PURPOSE, OBJECTIVE AND SCOPE OF WORK
HEREIN DEFINED.
SCOPE OF WORK
The City will send one or more representatives of its Historic District Commission to the 2008 National
Commission Forma, the 2008 National Preservation Conference, the 2009 Arkansas Preservation Conference,
and to quarterly training meetings to be announced by AHPP.
II. TIME FRAME of AGREEMENT
This agreement will begin on July 1. 2008. and shall extend until May 31. 2009.
111. SCHEDULE OF PAYMENTS
Payment of the full grant amount, shall be paid to the City upon a request for payment to AHPP.
IV. AHPP RESPONSIBILITIES
AHPP staff agrees to make periodic reviews of the project to review practices and products. AHPP reserves the
right to enforce the procedures as outlined in this contract. AHPP agrees to make available advice and counsel
necessary to accomplish the objectives and to render compensation upon invoice within a reasonable time
frame.
REPORTING REQUIREMENTS
The City will submit quanerly reports detailing progress of work.
The City will submit a final project report detailing all completed projects and including 10 copies each
of all publications.
C. If grant crosses Federal fiscal years, the City is required to submit progress reports (both programmatic
and fiscal) including a grantee expenditure and progress report by September 30 of the year the grant is
allocated.
D. If changes in agreement - e.g.: scope of work, products, budgets. etc. - are required, then the City must
submit a written request detailing proposed changes and wait for written approval from the State.
VI. COMPLIANCE
All policies and procedures of the Department of the Interior, the National Park Service as well as
Federal regulations concerting expenditures of all Federal funds must be followed by the AHPP and all
subgrant recipients. All grant protects will be administered by the AHPP in accordance with the
Historic Preservation Fund Grants Manua], particularly "Chapter 9: Certified Local Governments' .
Separate financial records for each project will be maintained by the AHPP following Office of
Management and Budget Guidelines. The City must maintain efficient and effective accountability and
control of all funds received and expended under a subgrant from the AHPP.
B. The City agrees to the right of the AHPP director to review and comment on art set-up, written
narrative of any printed material, and audio visual material produced by the grant prior to final priming
or production and distribution.
The City must supply the State with evidence of compliance with Federal competitive procurement
requirements for professional services and subcontractors prior to reimbursement.
D. All products and projects must comply with the applicable Secretary of the Interior's Standards for
Rehabilitation. The standards are:
A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment.
The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that
create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in
their own right shall be retained and preserved.
Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the old
in design, color, texture, and other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
2
oa
Significant archeological resources affected by a project shall be protected and preserved. If
such resources must be disturbed. mitigation measures shall be undertaken.
New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale, and architectural features to protect the
historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner
that if removed in the future, the essential form and integrity of the historic property and its
environment would be unimpaired.
All surveys (either new or those in progress) of historic structures, sites, etc. will meet the following
criteria:
Person(s) hired to conduct survey will train with the AHPP Survey Coordinator before starting
project.
All survey information will be recorded on survey forms supplied by AHPP and meeting all
AHPP requirements.
A minimum. of four (4) black and white photos and four (4) color slides (one of each elevation
of a structure or one from each direction-- N, S, E, or W --of a site) will be taken using 35mm
film for inclusion with the survey form.
4. Monthly reviews of work in progress by AHPP Survey Coordinator.
F. The City will donate to AHPP a conservation easement on the property of any historic structure(s)
being restored, rehabilitated, or repaired as a pan of any project(s) utilizing ten thousand dollars
(510,000) or more of AHPP funds. On such projects involving private properties, it will be the City's
responsibility to secure this casement for donation to AHPP before any grant funds are released.
V11. MANAGEMENT AND BUDGET GUIDELINES
The City must assure and certify that he will comply with the regulations, policies, guidelines and requirements
as they relate to the application, acceptance and use of Federal funds for this federally -assisted project, as
contained in attachment G of OMB circular A-102. Also the City assures and certifies that:
A. The City will comply with and administer the project in conformance with the Civil Rights Act of 1964
(Public Law 88-352), as amended; as well as 43 CFR 17 and Patz 506 of the Department Manual issued
by the Department of the Interior; and Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination against the handicapped. Title VI of the Civil Rights Act of 1964 stated
that no person will, on the grounds or race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for
which the applicant received Federal financial assistance and will immediately take any measures
necessary to effectuate this agreement;
3
11,
B. In all hiring or employment made possible by or resulting from grant awards, the City (1) will not
discriminate against any employee or applicant from employment because of race, color, religion, sex,
age, or national origin, 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, age. or
national origin. This requirement applies to, but is not limited to, the following: employment
promotion, demotion, or transfer; recruitment or other recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
City its subgrantees will comply with all applicable statutes and Executive orders on equal employment
opportunity and grant awards will be governed by the provisions, as implemented by, but not limited to.
Department of the Interior policies, published in 43 CFR 17;
C. The City will give AHPP and the National Park Service or the Comptroller General through any
authorized representative the access to and the right to examine all records, books, papers, or
documents related to the grant;
The City must comply with Federal competitive procurement requirements for professional services and
subcontractors and will provide documentation of such compliance upon request.
The City will comply with the minimum wage and maximum hours provisions of the Federal Fair
Labor Standards Act, as they apply to hospital and educational institution employees of state and local
governments.
Upon completion of the project, the Secretary of the Interior. the Comptroller General of the United
States, the AHPP, and/or any of their duly authorized representatives shall have access for the purpose
of financial orprogrammatic audit and examination any books, documents, papers and records of the
City that are pertinent to the grant at all reasonable times during the period of retention provided in
OMB Circular A102, attachment C, for at least three (3) years or until all claims or audit findings have
been resolved.
Lobbying with appropriated funds. Historic Preservation Fund grants must conform to provisions of 18
USC 1913: "No part of the money 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 services,
advertisement, telegram. telephone, letter, printed or written matter, or other device, intended or
designed to influence in any manner a Member or Congress. through the proper official channels,
requests for legislation OPR appropriation which they deem necessary for the efficient conduct of the
public business." Thus, costs associated with activities to influence legislation pending before the
Congress, commonly referred to as "lobbying," are unallowable as charges to NPS assisted grants.
1-1. The City must submit acceptable Federal and non -Federal share supporting documentation prior to
reimbursement.
In addition to the terms detailed in This grant agreement. all Federal requirements governing grants
(Office of Management and Budget Circulars A-87 or A-122. A-102 or A-110, and A -I 28) are
applicable.
4
•
Vlll. PUBLICATIONS AND PUBLIC INFORMATION
An acknowledgment of National Park Service and Arkansas Historic Preservation Program support must be
made in connection with the publication of any material based on. or developed under, any activity supponed
by Historic Preservation Fund grant funds. This acknowledgment shall be in the form of a statement as follows:
The activity which is the subject of this (the of publication ) has been financed (in part/entirely) with Federal
fends from the National Park Service, Department of the Interior, administered through the Arkansas Historic
Preservation Progrmn, an agency of the Department of Arkansas Heritage. However, the contents out
opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention
of trade names or commercial products constitute endorsement or recommendation by the Department of the
Interior or the Arkansas Historic Preservation Program. -
Press releases, publications, and other public dissemination of information by the City made possible by a grant
shall acknowledge National Park Service. Department of the Interior and Arkansas Historic Preservation
Program, Department of Arkansas Heritage grant suppon. A minimum of eight copies of any publication will
be furnished by the Preservation Program will transmit three copies to the Department of the Interior Library,
one copy to the National Park Service. Divisions of Personnel and Management, and one copy to the Office of
Communications. The remainder will be placed in the Arkansas Historic Preservation Program files.
All printed material (publications, brochures, etc.) will be printed on recycled paper using soybean ink in
accordance with Executive Proclamation Order 4190- I.
IX. LIMITATION OF LIABILITY
The AHPP assumes no responsibility with respect to accidents, illness or claims arising out of any work
performed under a subgrant supported project. The City is expected to take necessary steps to insure itself and
its personnel and students and to comply with the applicable local. State, or Federal safety standards, including
those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 SFR 1910).
PROJECT CANCELLATION
Approved projects may be canceled for one or more of the following reasons:
A. The City requests project cancellation.
13. The City fails to initiate project work.
C. The City initiates work prior to receipt of written notification of project approval.
D. Project work is found not to be in conformance with conditions as stated in the grant agreement.
X1. AMENDMENTS
This agreement may be amended upon written request and approval by both parries
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XII. APPROVAL OF AHPP
The City of Fayetteville is aware that this grant is contingent upon approval of the AHPP and the availability of
funds; and agrees that no work will begin on the project until written approval from the AHPP is received.
SIGNATURES
/Life Ma
Frances McSwain
Director, Arkansas Historic Preservation Program
Deputy State Historic Preservation Officer
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ate
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City of Fayetteville SienatO
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Name (printed)
Title
Date
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