HomeMy WebLinkAbout167-09 RESOLUTIONRESOLUTION NO. 167-09
A RESOLUTION APPROVING A GRANT AGREEMENT WITH THE
ARKANSAS HISTORIC PRESERVATION PROGRAM IN THE AMOUNT OF
$5,500.00 FOR TRAVEL AND TRAINING EXPENSES AND PUBLICATION
OF EDUCATIONAL MATERIALS IN SUPPORT OF THE FAYETTEVILLE
HISTORIC DISTRICT COMMISSION; AND APPROVING A BUDGET
ADJUSTMENT RECOGNIZING THE GRANT REVENUE.
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
grant agreement with the Arkansas Historic Preservation Program in the amount of $5,500.00 for
travel and training expenses and publication of educational materials in support of the
Fayetteville Historic District Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment recognizing the grant revenue.
PASSED and APPROVED this 4t day of August, 2009.
APPROVED: ATTEST:
B
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E. MITH, City CI
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Dara Sanders
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
8/4/2009
City Council Meeting Date
Agenda Items Only
City Planning
Division
Action Required:
Development Services
Department
City Council approval of a budget adjustment and contract with the Arkansas Historic Preservation Program to receive
a Certified Local Government grant in the amount of $5,500 to provide travel and training funds for the Historic District
Commission and staff and to produce educational brochures for the public.
Cost of this request
1010.6300.5304.00
Account Number
06024.0901
Project Number
n/a
Category / Project Budget
n/a
' Historic Preservation
Program Category / Project Name
Travel, Training, Public Education
Funds Used to Date Program / Project Category Name
n/a
General
Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
x
Departrnerif Dire
Date
7 II
City Attorney
Date
Previous Ordinance or Resolution # n/a
Original Contract Date.
Original Contract Number:
n/a
n/a
Received in City
Clerk's Office
eg
Received in
Mayor's Office
Comments:
Revised April 16, 2007
City Council Meeting of August 4, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Jeremy Pate, Director of Development Services
From: Dara Sanders, Current Planner
Date: July 15, 2009
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 $5,500.
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 $5,000 to provide travel and training funds for the Historic District
Commission and staff and $500 to produce educational brochures for the public, for a
total of $5,500.
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 three years to pay for the Historic District Commission's and
Staff's travel and training related to historic preservation. The 2008-2009 'grant was
$7,500, and enabled a staff member to attend a quarterly CLG meeting in North Little
Rock, two staff members and one commissioner to attend the National Historic
Preservation Conference in Tulsa, and one staff member and three commissioners to
attend the State Conference in Eureka Springs. These conferences have increased Staff's
and the Commission's knowledge and skills of methods to promote and achieve historic
preservation in a community.
With limited funding to distribute among an increased number of Certified Local
Governments this year, the Arkansas Historic Preservation Program designated the City
of Fayetteville with $5,000 for travel and training. Additionally, the City was awarded
$500 to assist the Public Education and Outreach Committee of the Historic District
Commission to produce brochures intended to educate the public on the City's historic
sites and architecture in order to create a greater awareness of the City's assets.
BUDGET IMPACT
The City will provide in-kind services for approximately $5,862 in the form of staff time.
Dara Sanders, Current Planner, will spend 15% of her time administering the grant.
RESOLUTION NO.
A RESOLUTION APPROVING A GRANT AGREEMENT WITH THE
ARKANSAS HISTORIC PRESERVATION PROGRAM IN THE
AMOUNT OF $5,500.00 FOR TRAVEL AND TRAINING EXPENSES
AND PUBLICATION OF EDUCATIONAL MATERIALS IN SUPPORT
OF THE FAYETTEVILLE HISTORIC DISTRICT COMMISSION; AND
APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE
GRANT REVENUE
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
grant agreement with the Arkansas Historic Preservation Program in the amount of $5,500.00 for
travel and training expenses and publication of educational materials in support of the
Fayetteville Historic District Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment recognizing the grant revenue.
PASSED and APPROVED this 4th day of August, 2009.
APPROVED. ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Arkansas Historic
Preservation Program
CERTIFIED LOCAL GOVERNMENT (CLG) GRANT PROGRAM
Grant Agreement 09-CLG-03
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 $5,500 to the for the purpose of:
Providing training for the Fayetteville Historic District Commission and staff; and publication of educational
outreach materials.
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 2010
Arkansas Preservation Conference and to quarterly training meetings to be announced by AHPP.
$5,000 is designated for this activity.
The City will develop, print, and distribute educational brochures on the city's historic sites and
architecture.
$500 is designated for this activity.
IL TIME FRAME of AGREEMENT
This agreement will begin on July 1 2009 and shall extend until May 31, 2010.
III. SCHEDULE OF PAYMENTS
Payment of the full grant amount shall be paid to the City upon a request for payment to AHPP.
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 quarterly 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.
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.
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 conceming expenditures of all Federal funds must be followed 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 Interiors 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.
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.
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.
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.
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 part of any project(s) utilizing ten thousand dollars
($10,000) or more of AHPP 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.
VII. 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 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 financial assistance and will immediately take any measures
necessary to effectuate this agreement;
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;
D. The City must comply with Federal competitive procurement requirements for professional services and
subcontractors and will provide documentation of such compliance upon request.
E. 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.
F. 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 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.
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-IO2 or A -I 10, and A-128) are
applicable.
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
funds 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 reconnnendation 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.
All printed material (publications, brochures, etc.) will be printed on recycled paper using soybean ink in
accordance with Executive Proclamation Order #90-1.
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.
Q. 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.
XI. AMENDMENTS
This agreement may be amended upon written request and approval by both parties
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
Frances McSwain
Director, Arkansas Historic Preservation Program
Deputy State Historic Preservation Officer
Date
Ci of Fay,Ile signature
Umic4 kb%)
Name (printed)
Title J
Date
S .soap
The Department of
Arkansas
Heritage
Mike Beebe
Governor
Cathie Matthews
Director
Arkansas Arts Council
•
Arkansas Natural Heritage
Commission
•
Delta Cultural Center
•
Historic Arkansas Museum
•
Mosaic Templars
Cultural Center
•
Old State House Museum
Arkansas Historic
Preservation Program
1500 Tower Building
323 Center Street
Little Rock, AR 72201
(501) 324-9880
fax: (501) 324-9184
tdd: (501) 324-9811
e-mail:
info(@arkansashreservation.org
website:
www.arkansaspreservation.com
An Equal Opportunity Employer
August 15, 2009
Dara Sanders, Planner
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Ms. Sanders:
Please find enclosed your fully executed copy of Grant Agreement 09-CLG-03.
This letter will also serve to confirm the verbal Notice to Proceed on all grant
activities that you received in our earlier conversations. As stated in the grant
agreement, you may invoice AHPP for the full amount of the grant at this time.
Pending completion of the activities prescribed by this grant, Quarterly Progress
Reports will be due to AHPP on the dates below:
September 30, 2009
December 31, 2009
March 31, 2010
Be advised that failure to submit progress reports in a timely fashion will be
considered when reviewing future grant applications. Unless this grant's time
period is extended in writing by AHPP, all work should be completed and a
Final Grant Report submitted to AHPP by May 31, 2010.
We at AHPP applaud the City of Fayetteville's continuing commitment to
historic preservation and look forward to the completion of these grant activities.
If you have any questions, please do not hesitate to contact me at 501-324-9965
or bovdW arkanasheritage.org.
Sincerely,
49 al X,4
Boyd I. Maher
Certified Local Government Coordinator
•
10-0g
Arkansas Historic
Preservation Program
CERTIFIED LOCAL GOVERNMENT (CLG) GRANT PROGRAM
Grant Agreement 09-CLG-03
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 $5,500, to the for the purpose of:
Providing training for the Fayetteville Historic District Commission and staff; and publication of educational
outreach materials.
THIS GRANT IS FOR THE ACCOMPLISHMENT OF THE PURPOSE, OBJECTIVE AND SCOPE OF WORK
HEREIN DEFINED.
SCOPE OF WORK
A. The City will send one or more representatives of its Historic District Commission to the 2010
Arkansas Preservation Conference and to quarterly training meetings to be announced by AHPP.
$5,000 is designated for this activity.
The City will develop, print, and distribute educational brochures on the city's historic sites and
architecture.
$500 is designated for this activity.
11. TIME FRAME of AGREEMENT
This agreement will begin on July 1.2009 and shall extend until May 31 2010.
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 quarterly 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.
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
al located.
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 concerning expenditures of all Federal funds must be followed 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.
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 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.
2. 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.
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.
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.
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.
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, etcwill 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.
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 part of any project(s) utilizing ten thousand dollars
($10,000) or more of AHPP 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.
VII. 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 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 financial assistance and will immediately take any measures
necessary to effectuate this agreement;
In all hiring or employment made possible by or resulting from grant awards, the City (I) 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;
D. The City must comply with Federal competitive procurement requirements for professional services and
subcontractors and will provide documentation of such compliance upon request.
E. 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.
F. 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 A102, attachment C, for at least three (3) years or until all claims or audit findings have
been resolved.
G. Lobbying with appropriated funds. Historic Preservation Fund grants must conform to provisions of 18
USC 1913: "No pan 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.
H. 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 -I28) are
applicable.
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
funds 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.
All printed material (publications, brochures, etc.) will be printed on recycled paper using soybean ink in
accordance with Executive Proclamation Order #90-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.
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.
XI. AMENDMENTS
This agreement may be amended upon written request and approval by both parties
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.
FILVJAMUA—
Frances McSwain
Director, Arkansas His oric Preservation Program
Deputy State Historic Preservation Officer
SIGNATURES
Date
%i y/a7
6
Ci of Fayl
U fiord
le signature
Name (printed)
Title J
Date ' , 2 o7