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HomeMy Public PortalAboutORD11262 BILL NO, 89-60 SPONSORED BY COUNCILMAN SCHEULEN ORDINANCE NO. //.0-42- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR AN HISTORIC PRESERVATION FUND AND GRANT AGREEMENT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section I. The Mayor and Clerk are hereby authorized and directed to execute an agreement with the Missouri Department of Natural Resources for an Historic Preservation Fund and Grant Agreement. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed 2,'/9'r9 Approved / / 9 -H. Presidiru ficer or ATTEST: City Clerk { Project Number 29-89-40051-131-A HISTORIC PRESERVATION FUND CONTRACT AND GRANT AGREEMENT Grantor: State of Missouri, Department of Natural Resources, Division of Parks, Recreation & Historic Preservation, Historic Preservation Program, P.O. Box 176, Jefferson City, Missouri 65102, as the authorized representative of the United States Department of the Interior, National Park Service. Grant Recipient: City of Jefferson_City Scope, Purpose and Description of Gran: The Grant Recipient shall perform those activities and functions more fully set forth in Attachment A to this Contract and Grant Agreement, the provisions of which are expressly incorporated herein. Term of Contract Cost Share and Grant Agreement Federal $5,000.00 Beginning Date July 1, 1989 Local $5,000.00 Closing Date September 30, 1990 Total $10,000.00 Attachments: The following Attachments are expressly incorporated into this Contract and Grant Agreement and the Recipient agrees to be bound by the contents thereof. Attachment A - Scope, Purpose and Description of Grant Activities Attachment B - Terms and Conditions Attachment C - Excerpt from 36 CFR Part 61 Attachment D - Standards for Determining Eligibility Attachment E - Listing of Eligible and and Noneligible Expenditures Attachment F - Examples of Nonallowable Costs Attachment G - Procurement Standards Execution: Approval as to form: Legaq 1 FOR THE GRANTOR FOR THE GRANT RECIPIENT r Direc or, Historic Preservation Program & Depu y State Histor c Preservation Officer Dir ctor ision of Par , R reation & H r 7e tion Pr am I® irector, lissouri Dqpartment of Natural Resources & State H storic Preservation Officer Attest: �J • Date at ATTACHMENT A SCOPE, PURPOSE AND DESCRIPTION OF GRANT ACTIVITIES ^ i' f I ® SCOPE, PURPOSE AND DESCRIPTION OF GRANT ACTIVITIES I. SCOPE AND PURPOSE: The purpose of this project is to perform an architectural and historic survey of 19th and 20th century structures located within downtown Jefferson City, Missouri in an area roughly bounded by the Missouri River on the north, McCarty Street on the south, Mulberry Street on the east, and Adams Street on the west and comprising approximately 150 buildings. The planned survey will update existing National Register documentation and provide the basis for a preservation plan and design guidelines for the survey area. II. ACTIVITIES AND FUNCTIONS: The Grant Recipient intends to perform an architectural and historic survey of Jefferson City's Central Business District to consist of the following: A. Preparation of a research design in consultation with the State Historic Preservation Office grant monitor. B. Preparation of an Architectural/Historic Inventory Survey Form with at least one 5" x 7" black and white glossy photograph will be prepared for each resource in the subject area. C. Preparation of at least one coded map which includes all structures in the subject area. D. Preparation of a final report and recommendations. Project work will be submitted and all payments made per the milestone/ payment schedule and project budget which follows. r Milestone/Payment Schedule City of Jefferson City Project 1129-89-40051-131-A Starting Date: July 1, 1989 Federal Local Milestone Product Date Due Share Share 111 Submission of Consultant Contract and Bidding Documentation 08/01/89 -0- -0- #2 Submission of Research Design 09/01/89 -0- -0- 113 Submission of 75 Inventory Forms and Photographs 11/01/89 -0- -0- A Submission of 75 Inventory Forms and Photographs 02/01/90 -0- -0- 115 Submission. of Draft Final Report and Map(s) 06/01/90 -0- -0- 116 Submission of Final Report and Map(s), final project report, and required fiscal and audit data 09/01/90 $5,000 $5,000 Total $5,000 $5,000 Budget City of Jefferson City Project 4129-89-40051-131-A Contractor. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$10,000.00 Total Project Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .$10,000.00 Federal Share...... . . .. . . . . . . 0 . . . . 00 . 9 . . . . . . . . . . . . . . . . .. .$ 50000.00 Nonfederal Share. . . . . . . .. . . .. . . . . . . .. . . . . . .. . . . . . . . . . . .. . 50000,00 r, J t.: ATTACHMENT B TERMS AND •CONDITIONS Aak r;t , • TERMS AND CONDITIONS I. Statutory Requirements (Federal) The Grantor and the Grant Recipient and any Consultant or Contractor employed under this grant or cooperative agreement shall comply with all Federal, State, and local laws, provide certification as to compliance as required, and in particular shall comply with any and all Federal laws and regulations cited in this agreement which shall include the following: A. Statutes related to nondiscrimination: 1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin (certification required; see Exhibit 1 to Attachment 8); 2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1975, as amended (42 U.S.C. 794), which prohibits discrimination on the basis of handicaps; 4. Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; 5. Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to discrimination on the basis of drug abuse; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 se-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8. Title VII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made. The Grant Recipient shall make available to the public Title VI and Section 504 nondiscrimation information using the language which follows: • Page 1 of 12 This program receives Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Prqgram, U.S. Department of the Interior, National Part Service, P. 0. 37127, Washington, D.C. 20013-7127. B. Will comply with environmental standards which may be prescribed pursuant to the following: 1. Section 306 of the Clean Air Act, 42 U.S.C. 1857h-4, as amended, prohibiting award of assistance by way of grant, loan, or contract to noncomplying facilities. 2. Section 508 of the Federal Water Pollution Control Act, 33 U.S.C. 1251, as amended, prohibiting award of assistance by way of grant, loan, or contract to noncomplying facilities. 3. The National Environmental Policy Act of 1969, 42 U.S.C. 4321, et. seq. , as amended, particularly as it relates to the assessment of the environmental impact of federally assisted project. Agftk 4. The National Historic Preservation Act of 1966, 16 U.S.C. 470 at seq. , as amended, relating to the preservation of cultural resources. C. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4621 at seq., 4651 at seq. , relating to acquisition of interest in real property or any displacement of persons, businesses, or farm operations. D. Tho Hatch Act, 5 U.S.C. 1501 at seq. , as amended, relating to certain political activities of certain State and local employees. E. The Archaeological and Historic Preservation Act of 1974 (Public Law 93-291) relating to potential loss or destruction of significant scientific, historical, or archaeological data in connection with federally assisted activities. F. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 at seq.) related to protecting components or potential components of the national wild and scenic rivers system. Page 2 of 12 , ® G. The Flood Disaster Protection Act of 1973 (Public Law 93-234) which requires Grant Recipients to purchase flood insurance as a condition of receiving Federal assistance for construction purposes or for the acquisition of any real or non-expendable personal property in an identified special flood hazard area that is located within any community participating in the National Flood Insurance Program. H. The Privacy Act of 1974, P.L. 93-579, as amended prohibiting the maintenance of information about any individual in a manner which would violate the provision of the Act. I. The following additional requirements apply to projects that involve construction: 1. The Davis-Bacon Act, as amended, 40 U.S.C. 276a et seq. , respecting wage rates for. federally assisted construction contracts in excess of $2000. 2. The Copeland (Anti-Kickback) Act, 18 U.S.C. 874, 40 U.S.C. 276c. 3. The Contract Work Hours and Safety Standards Act, 40 U.S.C. 327 et seq. 4. Convict labor shall not be used on construction projects unless by convicts who are on work release, parole, or probation. J. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq. ) which prohibits the use of lead paint in construction or rehabilitation of residence structures. II. Administrative Requirements The Grantor shall apply the standards contained in State statutes, the National Register Program Guidelines (NPS-49), and the federal Common Rule (Adopted by 29 federal agencies and contained in the specific Codes of Federal Regulations, for each federal agency, under the title, "Uniform Administrative Requirements For Grants and Cooperative Agreements to State and Local Governments" or OMB Circular A-110 for Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) in the administration of this grant and in particular those standards paraphrased as follows: 1. Commencement of Work. The Grant Recipient shall commence work on the project within sixty (60) calendar days from the beginning date. Failure to most the sixty-day work commencement requirement Ray result in the termination of the grant in accordance with subsection II-19. 2. Applicable Standards. All project work, if applicable, must most the Secretary of the Interior's "Standards and Guidelines for Archeology and Historic Preservation." • Page 3 of 12 1 1 1 1 1 1 ® 3. Professional Standards. All persons employed or retained by the Grant Recipient to perform or supervise project work that must conform with the Secretary of the Interior's "Standards and Guidelines for Archeology and Historic Preservation", shall meet federal 36 CFR Part 61 qualifications for preservation professionals, which appears as Attachment C to the Contract and Grant Agreement. 4. Hiring of Project Consultant or Contractor. If applicable, within thirty days of the date of this Contract and Grant Agreement, the Grant Recipient shall have hired a project Consultant or Contractor meeting the requirements of 36 CFR 61'. S. Failure to Meet Milestones. Failure to meet any milestone shall be considered cause, at the discretion of the Grantor, for the termination of the grant in accordance with subsection II-19. 6. Required Notification of Problems. The Grant Recipient, as an obligation of this Contract and Grant Agreement, must immediately inform the Grantor of any problems which may lead to amendment of this grant action to include a 10% overall budget change, change in personnel, change in scope of work and any actions that may cause the Grant Recipient to fail to meet any milestone. Not informing the Grantor of problems shall be considered cause, at the discretion of the Grantor, for the termination of the grant in accordance with subsection II-19. 7. Conferences. Upon one weeks' notice, a rapresentative(s) of the Grant AdOL Recipient shall bo available to confer with a representative(s) of the Missouri Department of Natural Resources regarding project work and/or contract administration so as to ensure work progress in accordance with this Contract and Grant Agreement. 8. Prior Approval for Publications. It is the policy of the Grantor to review and approve draft copies of all publications and other printed materials which are intended for distribution. The Grant Recipient shall submit two draft copies of each publication and other printed materials to the Grantor which are intended for distribution and are financed, wholly or in part, by agreement funds. Printing and distribution may follow receipt of written approval of the Grantor. 9. Acknowledgea9ents. Any publication based on activities supported by this grant assistance must contain the following acknowledgment or a portion of this statement as appropriate depending upon the content of the publication: This activity that is the subject of this (type of publication) has been financed (in part/entirely) with federal funds administered by the Historic Preservation Program, Division of Parks, Recreation, & Historic Preservation, Missouri Department 0 Page 4 of 12 . 1 1 1 1 1 ® of Natural Resources, and the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the U.S. Department of the Interior or the Missouri Department of Natural Resources, nor does the mention of trade names or commercial products constitute an endorsement or recommendation. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with this grant assistance, all Grant Recipients, shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Historic Preservation Fund monies, and (2) the dollar amount of Federal funds for the project or program. 10. Method of Payment. The Grant Recipient (Consultant or Contractor) will be reimbursed for all allowable expenses incurred in satisfactorily performing the scope of services. Satisfactory performance required under the Contract and Grant Agreement shall be determined by the Missouri Department of Natural Resources. The Grant Recipient shall report project expenses and submit a Project Status Report, which appears as Exhibit 2 to Attachment R. The form must be completed with invoiced amount and local share detailed for the recipient• to be reimbursed. Invoices must provide a breakdown of project expenses by the object class detail contained in the agreement budget. No reimbursements will be made for expenditures incurred after the closing budget date unless a budget time period extension has been granted by the Grantor. Payments will be made on a reimbursable basis unless the agreement specifically provides for advance payments. Advance payments may be authorized on a monthly basis to cover estimated expenditures for a 30 day period. Grantor may process advance payment requests ten working days prior to requested due dates. Reimbursement requests will show expenditures by object class categories and the following certification by the authorized Grant Recipient official, "I certify that to the best of my knowledge and belief the data above are correct and that all oatlays were made in accordance with the grant agreement and that payment is due and has not been previously requested." Advance payments will include the same expenditure itemization and certification for the previous advance period. In the event that any payments made are subsequently determined to be ineligible or non-allowable, the Grant Recipient shall promptly reimburse the Grantor for the amounts paid for ineligible or non-allowable costs. • Page 5 of 12 ® 11. Retention and Custodial Requirements For Records. Financial records, supporting documents, and other pertinent grant records shall be retained for a period of three years starting from the date of submission of the final financial status report unless audit questions arise, then said records shall be retained until audit clearance. Authorized representatives of the U.S. Department of the Interior, the Comptroller General of the United States, and the Missouri Department of Natural Resources shall have access to any pertinent books, documents, and records of Grant Recipients to make audits or examinations. The Grant Recipient further agrees to permit monitoring by the Grantor and/or authorized representative. 12. Audit Requirements. Unless waived by the Grantor, Grant Recipients shall arrange for independent audits as prescribed in OMB Circular A-128, Single Audit Act of 1984. If the Grant Recipient has a yearly audit conducted by a governmental agency or private auditing firm, the relevant portion(s) of the audit report will be submitted to the Grantor, and if not, an independent audit as prescribed in OMB Circular A-128 or A-133 is to be arranged. 13. Program Income. Defined as gross income earned from grant-supported activities including, income from fees for services performed, from the use or rental of real or personal property a::quired with grant funds, from the sale of commodities or items fabricated under a grant agreement, and from payments of principal and interest on loans made with grant funds. Program income shall be deducted from outlays which may be both federal and non-federal, unless the Grantor or federal awarding agency specifies an alternative method in the grant agreement, described in the Common Rules. When anticipated and authorized program income is added to the funds committed to the grant agreement it must be credited back to the original fund or project, from which it was earned. A Grant Recipient, having earned program income, may then invoice the Grantor for costs incurred against program income if given permission by the federal awarding Agency, through the Grantor. 14. Match or Cost Share Funding. In general, match or cost sharing represents that portion of project costs not borne by state appropriations or federal grants. The matching share will usually be prescribed as a minimum percentage. If stated in dollars only, the Grantor sharing ratio will be total project costs divided into the Grant Recipient match or cost share funding amount. In-kind (noncash) contributions are allowable project costs when they directly benefit and are specifically identifiable to the project or program. Page 6 of 12 Match or cost share funding is established by the Grantor in accordance with Attachment D. Signature by both the Grantor and Grant Recipient, on the agreement signature form, firmly affixes the match or cost sharing ratios. Full expenditure of recipient match or cost share funding is required over the life of the subgrant. If the Grant Recipient fails to meet one hundred percent (100%) of its cost share, the Grantor's obligations under this agreement shall terminate. The Grant Recipient must invoice the Grantor, as required by the particular agreement, and provide financial records for total expenditure of state and match or cost share funding. The Grantor will reimburse the Recipient for its percentage portion agreed to by signature. Failure to provide 100 percent of the match or cost share ratio of total expenditures as identified on the subgrantee or contract signature form may cause Grant Recipient to become ineligible to receive additional financial assistance from the Grantor for a period of five (5) years. 15. Financial Manacgement Systems. The financial management systems of Grant Recipients must meet the following standards: A. Financial Reporting. Accurate, current, and complete disclosure of financial results of financially assisted activities must be made in accordance with the financial reporting requirements of the agreement; B. Accounting Records. Maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to subgrant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income; C. Internal Control. Effective control and accountability must be maintained for all recipient cash, real and personal property, and other assets. Grant Recipients must adequately safeguard all such property and must assure that it is used solely for authorized purposes; D. Budget Control. Actual expenditures or outlays must be compared with budgetad amounts for each subgrant; E. Allowable Costs. Applicable OMB cost principles, federal agency program regulations, and the agreement scopes of work will be followed in determining the reasonableness, allowability, and allocability of costs. Attachments E and F describe eligible and ineligible expenditures and non-allowable costs; F. Source Documentation. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time, and attendance records, contract, and agreement award documents; Page 7 of 12 1 1 1 . 1 1 ® G. Cash Management. Procedures for minimizing the time elapsing between the transfer of funds from the U.S. Treasury and disbursement by grantor must be followed whenever advance payment procedures are used. 16. Procurement Standards. Grant Recipients shall comply with the procurement standards set forth in Attachment.G to the Contract and Grant Agreement. No work or services, paid for wholly or in part with state or federal funds, will be contracted without the written consent of the Grantor. 17. Allowability of Costs. Allowability of costs shall be determined in accordance with cost principles contained in Attachments D, E, and F to the Contract and Grant Agreement, and, as applicable, OMB Circular A-87 (Revised) for State and 'local governments, Circular No. A-122 for nonprofit organizations and Circular No. A-21 for educational institutions. 18. Reporting of Program Performance. A Final Project Report, which appears as Exhibit 3 to Attachment B, shall be submitted at the end of the grant period. This report should include a comparison of actual accomplishments to the goals established, reasons why goals were not met, and other pertinent information. 19. Amendments and Revisions. No substantial changes in the approved Contract and Grant Agreement may occur without prior approval from the Grantor. Grant Recipients shall request prior approval for transfers among direct cost budget categories when the cumulative amount of such transfers exceeds or is expected to exceed ten percent of the total. agreement budget, if the revision meets requirements applicable to OATS cost principles. Official written notification is to be transmitted to the Grantor whenever a Grant Recipient makes a revision for less than ten percent. Prior notification is also required by Grant Recipients to add budget items requiring approval, for allowability of costs, in accordance with OMB Circular A-87, A-122, or A-21, as applicable. Changes to the scope of services or milestone due dates described in the agreement must receive prior approval from the Grantor. Approved changes in the scope of work or budget shall be incorporated in written amendment to the agreement. 20. Termination for Cause. The Grantor may suspend or terminate this agreement in whole, or in part, at any time before the date of completion, whenever it is determined that the Grant Recipient has failed to comply with the provisions of the Contract and Grant Agreement. The Grantor shall promptly notify the Grant Recipient in writing of such a determination and the reasons for the suspension or termination, together Page 8 of 12 with the effective date. On such event, all draft and finished project work, maps, photographs, reports, etc., prepared under this Contract and Grant Agreement shall, at the discretion of the Grantor, become its property and the Grant Recipient shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Grantor payments to or recoveries from Grant Recipients under agreements terminated for cause shall be in accord with the legal rights and liabilities of the parties. 21. Termination for Convenience. Both the Grantor or Grant Recipient may terminate the Contract and Grant Agreement in whole, or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The Grant Recipient may terminate the agreement at any time prior to the commencement of the project. 22. Ownership of Project Materials. Unless stated elsewhere in this Contract and Grant Agreement, all products identified in Attachment A shall be the property of the Grantor with the exception of photographic negatives, which may be retained by the Grant Recipient. Negatives retained must either be placed in public repositories or be maintained in such a way that the public will have access. Upon 24 hours notice, materials gathered pursuant to this agreement shall be available for inspection by the Missouri Department of Natural Resources. 23. Eguui ment. The use, management, and disposition of equipment will follow procedures set forth in the Common Rule: A. Title to equipment under a subgrant will vest upon the acquisition by the Grant Recipient; B. Equipment shall be used by the Grant Recipient in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by federal funds, if the current per market value is less than $5,000: (1) Grantor reserves the right to transfer title of equipment with a current per unit market value in excess of $5,000 to another project or program currently or previously supported by federal funds. (2) When equipment is no longer needed for the project or program for which it was acquired, the Grant Recipient shall request disposition instructions from the Grantor. (3) The Grantor shall issue disposition instructions within 120 calendar days after the Grant Recipient's request. Grantor may pick up the property or instruct the Grant Recipient to ship the property elsewhere. Shipping costs shall be paid by the Grantor. The Grantor shall reimburse the Grant Recipient for the percentage of Grant Recipient participation in the project based • on the fair market value of the property. Page 9 of 12 (4) If disposition instructions are not issued within 120 calendar days after the Grant Recipient's request or if so instructed, the Grant Recipient may retain the property for use on other state funded projects involving federal funds. If the Grant Recipient has no need for the property for such other projects, the property shall be sold and the Grant Recipient shall reimburse the Grantor a proportionate share of the proceeds based on participation in the program. C. Management requirements. Procedures for managing equipment whether acquired in whole or in part with grant funds will, as a minimum, meet the following requirements until disposition takes place: (1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and the cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property. (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. 24. Inventories and Patents. If any Grant Recipient produces subject matter which is or maybe patentable in the course of work sponsored by this agreement, such subject matter shall be promptly and fully disclosed to the Grantor. In the event that the Grant Recipient fails or declines to file Letters of Patent or to recognize patentable subject matter., the Grantor reserves the right to file same. The Grant Recipient grants to the Grantor an option to acquire an exclusive license including the right to sublicense with a royalty consideration to the Grant Recipient. 25. Copyrights. Neither an author or the Grant Recipient shall copyright any books, publications, or other copyrightable material developed in the course of this agreement. The Grantor and the U.S. Department of the Interior reserve a royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for State government purposes. 26. Conflict of Interest. No party to this agreement and no officer, agent, or employee of either party to this agreement who exercises any functions or responsibilities in the review or approval of the performance of this agreement shall participate in any decision relating to this agreement which would affect their personal or pecuniary interest, directly or indirectly. Page 10 of 12 No state employee shall perform any service for consideration paid by the Grant Recipient during one year after termination of the employee's State employment in which the former state employee attempts to influence a decision of the Grantor or in the relation to any case, decision, proceeding or application with respect to which the former employee personally participated during the period of stare employment. 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 hereon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 27. Lapse of Funding. The Grant Recipient agrees that funds expended for the purposes of this agreement must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the agreement period, as well as being awarded by the federal or state agency supporting the project. Therefore, the agreement shall automatically terminate without penalty or termination costs if such funds are not appropriated and/or granted. In the event that funds are not appropriated and/or granted for the agreement, the Grant Recipient shall bring the project to the point of usefulness that is feasible and reasonable to the Grantor. Further, the Grant Recipient shall not prohibit or otherwise limit the Grantor's right to pursue alternate solutions and remedies as deemed necessary for the conduct of state government affairs. The requirements stated in this paragraph shall apply to any amendment or the execution of any option to extend this agreement. 28. Debarred and Suspended Parties. Grant Recipients shall not make any award at any time to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance under Executive Order 12549, "Debarment and Suspension". A debarment/suspension form, which appears as Exhibit 4 to Attachment n, is to be completed by Grant Recipients and be attached to the recipient application and be attached to the agreement document prior to signature by the Grantor. Furthermore, Grant Recipients are also responsible for written debarment/suspension certification of all subcontractors receiving funding through a federally funded grant. 29. Political Activities. Grant Recipients shall not allow the use of grant funds, equipment, or premises for political purposes; sponsor or conduct candidate meetings; engage in voter registration or transportation activity; or other partisan political activities. 30. Lobbying. 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, telephone, letter, printed or written matter, or other device intended or designed to influence in any manner a member of Page 11 of 12 • ' 1 ® Congress; to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation; but this shall not prevent officers or employees of the United States or its Department or agencies from communicating to members of Congress on the request of any member of Congress, through the proper official channels, request for legislation or appropriations which they deem necessary for the efficient conduct of the public business, 18 U.S.C. , 1913. 31. Contingent Pees. No person, agency or organization may be employed or retained to solicit or secure a grant or contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee. The Grantor may withdraw the grant or deduct the contingent fee in full from any grant with respect to a Grant Recipient determined to be in, violation of this section. 32. Dual Compensation. In the event the Grant Recipient, its employees, contractors, or agents are involved in multiple projects involving federal funding and compensation is based upon the percentage of time allocated to, the federal project, the Grantor will not compensate the Grant Recipient for more than one hundred percent (100X) of such time. 33. Grant Recipient Powers. Grant Recipients alone will be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to source evaluation, protests, disputes, and claims. 34. Affirmative Action. Grant Recipients will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firma are used when possible. 35. Dish. In instances involving disputes concerning the administration and performance of the grant, the decision of the Grantor shall be final. 36. Succession.�_` By executing the Contract and Grant Agreement, the Grant Recipient expressly binds himself, his partners, successors, assigns, executors, and administrators. Page 12 of 12 .i ATTACHMENT B EXHIBIT 1 U.S. Department of the Interior Assurance of Compliance (Title VI, Civil Rights Act of 1964) D1 Form '1350 U.S. DEPARTMENT OF THE INTERIOR ASSURANCE OF COMPLIANCE (TITLE VI, CIVIL RIGHTS ACT OF 1964) rj t3 of .1Affarann , Mi cen„r; (hereinafter called "Applicant-Recipient") (Name of Applicant-Recipient) HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulation (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of 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-Recipient receives financial assistance from the Missouri Department of Natural Resources and hereby gives assurance that it will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the Missouri Department of Natural Resources, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the Missouri Department of Natural Resources. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the Missouri Department of Natural Resources, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. .T„i4r_ IA. 1 Q9Q City of Jefferson. Missouri DATED PLICANT-RECIPIENT (President, C44kiman of Board or Comparable horized Official) 320 E. McCarty: Jefferson City. MO 65101 APPLICANT-RECIPIENT'S MAILING ADDRESS ATTACHMENT B EXHIBIT 2 Project Status Report PROJECT STATUS REPORT NATIONAL, REGISTER ACTIVITIES Check One Original Projection Grant Recipient Amendment Project Number Cumulative Report # Date Final Report Original Cumulative Projection Actual Federal Local Federal Local Dollar Expenditure Applicant Other* Applicant Other* Staff (Specify) Staff (Specify►? Expenditure of Staff Afith Time (Work Months) *'Outside Contractors or Donated Time Products Number of Nominations Number. of Significant Submitted to the SHPO Properties Contained. In Nominations Original Cumulative Original Cumulative Prolection Actual Projection Actual Individual District Multiple Property Cover Document List Nominations Location % Complete 1. 2. 3. 4. PROJECT STATUS REPORT SURVEY ACTIVITIES Check One Original Projection Grant Recipient Amendment Project Number Cumulative Report # Date Final Report Original Cumulative Proiection Actual Federal Local Federal Local Dollar Expenditure Applicant Other* Applicant Other* Staff (Specify) Staff (Specify) Expenditure of Staff Time (Work Months) *Outside Contractors or Donated Time Original Cumulative Proiection Actual Products HPF Funded HPF Funded Survey Other Survey Other Number, of_ Properties Submitted to Inventory: Architecture/History Archaeology Number of Acres Surveyed: Architecture/History Archaeology List Survey Projects Complete 1. • 2. 3. 4. _� 1 1 ® PROJECT STATUS REPORT OTHER ACTIVITIES Check One X Original Projection Grant Recipient City of Jefferson City Amenda(ent Project Number 29-89-40051-131-A Cumulative Report Date 6-21-89 Final Report Original Cumulative Projection Actual Federal Local Federal Local Dollar Expendituro 5,000 5,000 Applicant Other* Applicant Other* Staff (Specify) Staff S ecif ) Expenditure of Staff Time (Work Months) 0 2 mo. *Outside Contractors or Donated Time List Products Complete 1, Research Design 0 2. 150 Inventory Forms 0 3. 1 Coded Map 0 . -4. Final Report 0 t 4 1 1 1 1 4 PROJECT STATUS REPORT TOTALS PAGE Check One _Original Projection Grant Recipient City of Jefferson City Amendment Project Number 29-89-40051-131-A Cumulative Report # 6-21-89 Final Report Dollar Expenditure Expenditure of Staff Time (Work Months) Original Cumulative Original Cumulative Projection Actual Projection Actual Federal Local Federal Local Federal Local Federal Local National Register Activities Survey _ Activities Other 5,000 5,000 Activities .� TOTAL 5,000 5,000 ATTACHMENT B EXHIBIT 3 Final Project Report { t j4 • •, rfa t a. r .i�' ., ?• a 4 i � :eta 4 FINAL PROJECT REPORT ANIL Project No. : Grant Recipient: Project Title: Total Project Cost: Amendments with Approval Dates: Planned Amended Actual Major Work Items: Major Cost Items: Personnel: Operations: Supplies: _ Subtotal: Indirect: TOTAL: .� Publication: Name: Date: No. Copies Additional information (include discussion of problems if appropriate): ATTACHMENT 8 EXHIBIT 4 U. S. Department of the Interior Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions tj • f . f r U.S. DEPARTMENT OF THE INTERIOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 43 CFR Part 12, Section 12.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211) . For further assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets, N.W. , Washington, D.C. 20240. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Loni GP (; rrincmrMaxnr Name and Title of Authorized Representative Lz' Signs ur k, Date w. ATTACHMENT C EXCERPT FROM 36 CFR PART 61 • 1 •1 ® EXCERPT FROM 36 CFR PART 61 (QUALIFICATIONS FOR PRESERVATION PROFESSIONALS) In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. (a) HISTORY. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: (1) At least two years of full-time experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution; or (2) Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. (b) ARCHEOLOGY. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: (1) At least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management; (2) At least four months of supervised field and analytic experience in general North American Archeology; and (3) Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time Alk professional experience at a supervisory level in the study of archeological resources of the historic period. (c) ARCHITECTURAL HISTORY. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one of the following: (1) At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or (2) Substantial contribution through research and publication to the body of scholarly knowledge in.the field of American architectural history. (d) ARCHITECTURE. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time professional experience in architecture; or a State license to practice architecture. (e) HISTORIC ARCHITECTURE. The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: (1) At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or (2) At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. ATTACHMENT D STANDARDS FOR DETERMINING ELIGIBILITY d� f ® STANDARDS FOR DETERMINING ELIGIBILITY CONCEPT OF LOCAL MATCHING SHARE Historic Preservation Fund grant awards are federal monies that are made available through the Missouri Historic Preservation Program in support of a wide range of administrative, direct and indirect costs incurred in conducting eligible historic preservation survey and planning activities. A fundamental principle of these grants is that they are only partially funded with federal money and must be matched by the Grant Recipient with a local cost share. In general the matching ratio must be 50/50, that is, one half the project cost must be provided by the Grant Recipient. However, at the discretion of the Grantor, certain survey/inventory activities may be matched at a 70/30 ratio wherein the local share constitutes 30% of the cost of that activity. GENERAL RULES FOR MATCHING SHARES The local matching- share of an Historic Preservation Fund project may include: charges incurred by the Grant Recipient as project costs during the project period; project costs financed with cash contributions or donations to the Grant Recipient by other non-Historic Preservation Fund sources, including public agencies, institutions, and private organizations and individuals; project costs represented by services or real and personal proporty (or the use of these) contributed or donated by non-federal third parties during the project period. Where such in-kind contributions are made by the Federal government, they may be included in the Grant Recipient's matching share only if Federal legislation authorizes such inclusion. All costs, whether cash or in-kind, will be accepted as contributing to part of the ,Grant Recipient's matching share only when such contributions meet all of the following criteria: 1) are verifiable from the Grant Recipient's records; 2) are not included as matching contributions for any other federally assisted program or any federal contract; 3) are necessary and reasonable for proper and efficient accomplishment of approved project objectives; 4) are contributed within the project period; 5) are types of costs which are allowable under the applicable Federal and state regulations; • Page 1 of 5 ti 6) are not derived from the federal government directly or indirectly under another assistance agreement unless authorized under the other agreement and the laws and regulations to which the other agreement is subject; 7) are provided for in the approved grant agreement; 8) and conform to all other provisions listed in this guide. GENERAL RULES FOR DETERMINING ALLOWABILITY General guidelines for establishing the allowability of a matching share contribution are outlined below: 1) Although the Missouri Department of Natural Resources prefers and encourages Grant Recipients to make required contributions in cash, either cash or in-kind contributions can qualify. 2) In-kind contributions must be fairly valued and must be of such nature that if the federal share had been used to pay for the contribution, the Grant Recipient would have incurred an allowable cost. In-kind contributions are eligible only to the extent that they represent actual costs for which Historic Preservation Funds could be applied for project objectives. Any grant funds applied in excess of actual cost would constitute an unallowable profit to the Grant Recipient. 3) Following project approval and signing of the Grant Recipient's contract, non-federal share expenditures of cash will be recorded as they occur. All in-kind contributions must be recorded in the ledger accounts as grant costs when the in-kind services or goods are received. Records, including required supporting documentation, of in-kind services performed or goods received must be maintained on a current basis. 4) Non-federal share contributions need not be made in exact time concurrence and proportion with withdrawal and expenditure of Historic Preservation Funds. During the first months of project operation, Grant Recipients are authorized to expend a greater proportion of matching Historic Preservation Funds to meet project expenses than'is required by the applicable matching ratio. However, the full matching share must be contributed by the end of the project period. This applies to all survey and planning activities. 5) The local matching share is subject to audit, as is the federal share. 6) Documentation of the basis for applying allowable indirect cost rates as matching share must be readily available. 7) The basis for determining the matching share charges for personal services, materials, equipment, buildings, and land must be documented. Page 2 of 5 S AWL 8) Matching share costs will not be allowable if incurred prior to the effective date of the project grant award, whether or not the cost would have been allowable if incurred after such date, with one exception: It is recognized that some costs must be incurred before a proposed project can be submitted to the Grantor with required descriptive and cost data. Therefore, such costs that are directly related to development of survey and planning projects may be considered eligible with the Grantor's concurrence. GENERAL RULES FOR VALUATION OF IN-KIND CONTRIBUTIONS General rules for establishing the value of in-kind contributions as an element of the local matching share are outlined below: Donated Services 1) Volunteer services may be furnished by professional and technical personnel, consultants, and other skilled and unskilled labor. Volunteered services may be counted as matching share if they are integral and a necessary part of the approved grant project. 2) Rates for volunteer services must be consistent with those regular rates paid for similar work in other activities of state government. In instances where the skills required for the Historic Preservation Fund assisted project are not found in the state government, rates used must be consistent with those rates paid for similar work in the labor market in which the grantor competes for the type of services involved. 3) If a volunteer performs services outside his profession or trade, this volunteer time must be valued at the federal minimum ,rage rate. Unless a higher rate can be documented, all rates are subject to the Grantor's approval. 4) Volunteers employed by other organizations are treated as follows: when an employer, other than the Grant Recipient or a university, furnishes the services of an employee to the grant project, these services will be valued at the employee's regular rate of pay (exclusive of fringe benefits and overhead cost), provided the services volunteered are in the same skill range for which the employee is normally paid. 5) Review board contributions are treated as follows: only to the extent that items of cost would be allowable under state and local laws, regulations, and practices applicable to persons performing comparable duties and services, can such contributions be applied as matching share. • Page 3 of 5 s • Time spent by a review board or any other advisory body member which is directly related to the development, conduct or administration of a Grant Recipient's project is allowable as matching share .contribution to the extent that the contributed time is spent solely in the member's capacity as a member of the board. Time spent in meetings directly relating to approved program objectives which is chargeable as matching share must be documented by agenda, minutes of the meeting, and a separate time record, for each member. Travel time must be reasonable and meetings must be held in an easily accessible place. Unreasonable or undocumented donations of time will be subject to audit review and possible adjustment or disallowance. 6) All volunteer services claimed as non-federal share must be substantiated by time cards or records that are signed by both the volunteer and his supervisor, just as are required for all salaried employees. Such records must show the actual hours worked and the specific duties performed. The records should also show the basis for determining the rate of the volunteer's contribution and such documentation must be available for audit. Donated Property Valuation of Donated Expendable Personal Property: Expendable personal property includes such items as expendable equipment, office supplies, or workshop supplies. Values assessed to donated or contributed personal property included as matching share must be reasonable and must not exceed the fair market value at the time of donation. The basis for determining the valuation must be documented and available for audit. Valuation of Donated Non-expendable Personal Property and Buildings and Land, or Use of These Types of Property: Generally, as stipulated in the Federal Office of Management and Budget, Circular A-122, the rules used for charging matching share for donated non-expendable property, buildings and land are as follows. 1) If the purpose of the grant is to furnish equipment, buildings, or land to the Grant Recipient or otherwise to provide a facility, the total value of the donated property may be claimed as matching share. 2) If the purpose of the grant is to support activities that require the use of equipment, buildings, or land on a temporary or part-time basis, depreciation or use charges for equipment and buildings may be made. The full value of equipment or other capital assets and fair rental charges for space may be made provided the Grantor has approved the charges. • Page 4 of 5 3) The valuation of donated non-expendable personal property shall not exceed fair market value of equipment and property of the same age and condition at the time of donation. 4) If the donee transfers title to the property, the amount allowable as matching share is determined as if the Grant Recipient had purchased the property and paid the fair market value of the property at the time the property was transferred. 5j If the use of property is donated as a loan, the amount allowable as matching share shall be determined as if the Grant Recipient had rented the property and paid the fair rental value at the time of the donation. 6) The value of donated land and buildings may not exceed its fair market value at the time of' donation to the Grant Recipient as established by an independent certified real property appraiser. 7) The value of donated space shall not exceed the fair rental values of space as established by an independent appraiser of comparable space and facilities in a privately owned building in the same locality. • Page 5 of 5 ATTACHMENT E LISTING OF ELIGIBLE AND NONELIGIBLE EXPENDITURES LISTING OF ELIGIBLE AND NONELIGIBLE EXPENDITURES Standards for determining the allowability of individual items of cost are based on feeleral management circulars; rules and regulations; and the National Park Service grant manual for this program. Listed below are examples of costs which are typically allowable, but the absence of a particular type of cost in the list is not intended to imply that it is either allowable or unallowable. Accounting: the cost of establishing and maintaining accounting and other information systems required for the management of the grant project. Advertising: advertising media including newspapers, magazines, radio and television programs, direct mail, trade papers, and the like. These advertising costs are allowable when they are solely for recruitment of personnel necessary for the grant assisted project; for solicitation of bids for procurement of goods and services required for the performance of the Historic Preservation Fund assisted project; notices required by the federal government, state, or local agencies pertaining to the Historic Preservation Fund program, and other purposes specifically provided for in the grant agreement. Audit services: the cost of audits necessary for the administration and management of functions related to the grant project. Bonding: costs of premiums on bonds covering employees who handle Historic Preservation Fund grant monies. Budgeting: costs incurred for the development and preparation of budgets, if such actions occur after an applicant has been selected for funding. Building Lease: the administrative costs for lease management of Grant Recipient office space. Communications: communication costs incurred for telephone calls or special phone systems directly related to grant program operations. Compensation for Personal Services: compensation includes all current or accrued payment for services rendered during the period of performance under the Contract, including, but not limited to, wages, salaries, and supplementary compensation and benefits. The costs of such compensation are allowable to the extent that total compensation for individual employees is: 1) reasonable for the services rendered; 2) supported by payroll and distribution of time and distribution records. Note: amounts charged to Grant Recipient projects for personal Page 1 of 7 services, regardless of whether treated as direct or indirect cost, will be based on payrolls documented and approved in accordance with generally accepted practices of state or local government. Payrolls must be supported by time and attendance records or equivalent records for individual employees. Time distribution records are not required for full- or part-time employees whose entire time is charged to one grant project or activity. The method used should produce a clear record of distribution of time and effort, federal and matching shares assigned to personnel. A system that only tracks effort is not acceptable. Time should be accounted for in units of work days and include a brief description linking work performed to a specific approved project. Depreciation and Use Allowances: Grant Recipients may be compensated for the use of buildings or equipment as capital improvements. The computation used will exclude any portion of the cost of the building or equipment donated or borne directly or indirectly by the federal government. Before any grantor may utilize Use Allowance, a formal request must be made to the Grantor to insure its eligibility. Employee Fringe Benefits: Costs identified under 1 and 2 below are allowable to the extent that total compensation for Grant Recipient employees is reasonable. 1) employee benefits in the form of regular compensation paid to employees during periods of authorized absence from the job such as annual leave, sick leave, court leave, military leave, and the like if they are: a) provided pursuant to an approved leave system; and b) the cost thereof is equitably allocated to all related activities including grant programs. 2) employee benefits in the form of employers' contributions or expenses for social security, employee's life and health insurance plans, . unemployment insurance coverage, and workman's compensation, provided such benefits are granted under approved plans and are distributed equitably to grant programs and all other activities. Employee Morale, Health and Welfare Costs: costs of health or first-aid clinics and/or infirmaries, recreational facilities, and employees' counseling services, incurred in accordance with general state or local government policies. Equipment and Other Capital Expenses: An article of non-expendable tangible property that has a useful life of more than one year and an acquisition cost of $300 or less is allowable without prior approval of the Grantor when deemed necessary for grant project operation. Page 2 of 7 Exhibits: costs of exhibits relating specifically to grant program AWL processes, accomplishments, or results. (cf: unallowable costs for ineligible exhibit purposes under "Museums"). Furnishings: Costs of project furnishings are allowable when such are original pieces of furniture or are permanently attached items that are integral to the building. Indirect Costs: indirect costs when specifically authorized by the Grantor. Legal Expenses: costs of legal expenses required in the administration of the grant, if directly related to program activities. Maintenance and Repair: costs incurred for necessary maintenance, repair, and upkeep of Grant Recipient administrative offices and non-expendable property in support of grant assisted activities which neither add to the permanent value of the property nor appreciably prolong its useful life, but do keep it in an efficient condition. Materials and Supplies: costs of materials and supplies necessary to carry out the grant project. Purchases made specifically for the grant project should be charged at their actual price after deducting all discounts, trade discounts, cash discounts, rebates, and allowances received by the grantee. Ah Meetings and Conferences: costs are allowable when the primary purpose of the meeting is dissemination of information relating to grant activities. Memberships, Subscriptions, and Professional Activities: The cost of memberships in civic, business, technical, and professional organizations is allowable, provided: 1) the benefit from the membership is directly related to achieving grant program objectives; 2) the expenditure is for agency membership; 3) the cost of the membership is reasonably related to the value of services or benefits received; 4) the expenditure is not for membership in organizations which devote a substantial amount of time in lobbying either the Congress of the United States or the General Assembly of Missouri. Motor Pools: costs of service organizations which provide automobiles to user Grant Recipient agencies at mileage or fixed rate and/or provide vehicle maintenance, inspection, and repair service. e Page 3 of 7 P Xroll Preparation: costs of preparing payrolls and maintaining necessary related wage records. Personnel Administration: costs for recruitment, examination, certification, classification, training, establishment of pay standards, and related activities for grant programs. Printing and Reproduction: costs of printing and reproduction services necessary for grant administration, including, but not limited to, forms, reports, manuals, and informational literature. Publication costs of reports or other materials relating to grant program accomplishments or results are allowable when provided for in the Grant Agreement. Procurement Service: the costs of procurement of services including solicitation of bids, preparation and award of contracts, and all phases of contract administration. Publications: Publication charges are eligible if the papers report work supported by the Historic Preservation Fund grant and acknowledge the source of the grant. The publication must not be for profit or the program income from the publication must be shown to further extend grant activities. It must be proved that there will be a significant and direct benefit to the achievement of grant program objectives. Public Information Service Costs: Public information service costs include the costs associated with newsletters, pamphlets, news releases, and other forms of program related informational services. 1) Allowable costs are those normally incurred to: a) inform or instruct individuals, groups, or the general public about statewide and local historic preservation accomplishments, problems and issues directly related to Historic Preservation Fund grant supported activities; b) interest individuals and organizations in participating in Historic Preservation Fund grant supported programs with special emphasis on Missouri Department of Natural Resources objectives; c) provide necessary stewardship reports to state and local government agencies contributing to the project; d) disseminate the results of grant-sponsored activities to preservation professionals, interested organizations and the general public. 2) Publication service costs necessary to comply with grant project requirements, such as completion reports, publications undertaken at the written direction of the Grantor, or other publications necessary for program administration, are allowable. Page 4 of 7 Reference Materials: costs of books and subscriptions to civic, business, professional and technical periodicals when such materials are necessary to accomplish grant program objectives. Research: costs of historical, architectural, and archaeological research necessary for project accomplishments. Note: purely archival research is ineligible. Review Commissions: costs incurred by local review boards or commissions created to carry out grant objectives. Members of the commission may receive subsistence, travel allowances, and compensation while serving the commission, in accordance with state law, regulations, and practices applicable to persons performing comparable duties and services. Supplies and Services: the cost of maintaining and operating a central store for supplies, equipment and materials used either directly or indirectly for the purpose of a specific project activity. Taxes: In general, taxes or payments in lieu of taxes which the Grant Recipient is legally required to pay are allowable, subject to adjustments for applicable credits. Training and Education: costs of in-service training customarily provided for employee development when directly or indirectly benefiting grant objectives. Trans ortation: Costs incurred for freight, cartage, express postage, and other transportation costs relating to goods either purchased, delivered, or moved from one location to another are allowable when necessary and directly related to the grant project. Travel: Travel costs are allowable for expenses for transportation, lodging, subsistence, and related items incurred by employees who axe in travel status on official business incident to a grant project. Such costs may be charged on an actual basis, or on a der, diem or mileage basis in lieu of actual costs incurred, or on a combination of the two, provided the method used is applied to an entire trip and results in charges consistent with those normally allowed in like circumstances in state sponsored activities. The difference between coach and first class air fare is not . allowable unless coach accommodations are not reasonably available. The following types of costs may be allowable, but prior approval of the Grantor will be required: Automatic Data Processing: costs of automatic data processing services to grant projects. These costs may include rental of equipment; the acquisition of equipment by out-right purchase; rental-purchase agreement; or other methods of. purchase, but purchase cost is allowable only upon prior Grantor approval. Page 5 of 7 ti w Building Space and Related Facilities: The cost of space in privately owned or publicly owned buildings used for the benefit of the grant project is allowable, subject to the conditions stated below. (Note: the total cost of space, whether in a privately or publicly owned facility, may not exceed the rental cost of comparable space and facilities in the private sector in the same locality) . 1) Maintenance and Repair: The cost of utilities, insurance, security, janitorial services, normal repairs and alterations, and the like are allowable to the extent they are not otherwise included in rental or other charges for space. 2) Rearrangements and Alterations: Costs incurred for extraordinary rearrangements and alteration of facilities' required specifically for the grant project are allowable with prior approval by the Grantor. 3) Occupancy of Space Under Rental-Purchase Agreement or a Lease with Option-to-Purchase: The cost of space procured under such arrangements is allowable with prior approval by the Grantor. 4) Non-Occupancy: The cost of space procured for the grant project may not be charged to the project for periods of non-occupancy without prior Grantor authorization. Capital Expenditures: The cost of facilities, equipment, other capital assets, and repairs which materially increase the value or useful life of capital assets, is allowable when such procurement is specifically justified in writing and specifically approved by the Grantor in advance. When assets acquired with federal grant funds are sold, no longer available for use in the federally sponsored program, or used for purposes not authorized by the Grantor, federal equity in the assets will be refunded in the same proportion as the federal participation in its cost. In case any assets are traded on new items, only the net cost of the newly acquired assets is allowable. Equipment: Articles with a unit cost of more than $300 and useful life of more than one year are allowable when specifically approved by the Grantor in advance as a direct cost. Insurance and Indemnification: costs of hazard and liability insurance to cover personal property directly connected with federally assisted projects and maintained pursuant to the Grant Agreement, during the grant project period. Costs of other insurance in connection with the general conduct of activities are allowable subject to the following limitations: 1) Type, extent and cost of coverage must be in accordance with general state government policies and sound business practices. Page 6 of 7 2) Costs of insurance or of contributions to any reserve covering the risk of loss of, or damage to, federal government property are not allowable except when written approval is granted by the Grantor. 3) Contributions to a reserve for a self-insurance program approved by the Grantor are allowable to the extent that the type of coverage, and the risk and premiums would have been allowed had insurance been purchased to cover the risks. Professional and Consultant Service Costs: Costs of professional and consultant services are allowable subject to the general conditions ruling federal grants, state and local laws, and the following. 1) the nature and scope of the service rendered in relation to the service required; 2) the necessity of contracting for the service considering the Grant Recipient organization's capability in a particular area; 3) the impact of government grants on the Grant Recipient organization; 4) the qualifications of the individual or concern rendering the service and the customary fee charged, especially on non-government contracts and grants; and 5) the adequacy of the contractual agreement for the service (e.g. , description of the service, estimate of time required, rate of compensation, and termination provisions). However, it should be noted that: 6) Retainer fees to be allowed must be reasonably supported by evidence of services actually rendered; 7) Costs of legal, accounting, and consulting services, and related costs incurred in the prosecution of claims against the government are. unallowable; and 8) No person employed as a consultant, or by firms providing consultant services, shall receive more than a reasonable rate of compensation for personal services paid with Historic Preservation Rinds. Where audit and monitoring reviews indicate that the rates of compensation were not reasonable or exceeded the maximum daily rate, the Grantor may determine such costs to be unallowable. Proposal Costs: Proposal costs are allowable when the cost of preparing proposals for potential federal government grants are specifically provided for in the Grant Agreement. Page 7 of 7 ATTACHMENT F EXAMPLES OF NONALLOWASLE COSTS I • EXAMPLES OF NONALLOWABLE COSTS Standards for determining the allowability of individual cost items as a part of the local matching share are based on federal management circulars'; rules and regulations; and the National Park Service grant manual for this program. Listed below are examples of costs which are typically not allowable, but the absence of a particular type of cost in the list should not be taken to mean that it necessarily is allowable. Where questions of eligibility are involved, grantees should request a Grantor determination prior to making such expenditures. Archival Research: costs of purely archival research. Archaeological Salvage: costs of salvage archaeology unrelated to increasing and understanding knowledge of a National Register property. (There are special circumstances that may allow archaeological salvage, and applicants that propose such actions must, in writing, inform the Grantor of their proposed methods and any special circumstances. Allowability will be decided on a case by case basis. ) Bad Debts: any losses arising from uncollectable accounts and other claims and related collection costs. Aft Bonus Payments: bonus payments of any kind. Conditional Donations: any donation or contribution containing a reversionary provision to the donor which can be exercised during the term of the project. Contingencies: contributions to a contingency reserve or any similar provision for unforeseen events. Contributions and Donations: Charitable contributions and donations are unallowable as follows:. 1) charitable contributions and donations of grant funds; 2) the value of services donated by employees or other persons paid with grant funds; and 3) Donated goods (i.e. , expendable personal property, supplies, and donated use of space) may be furnished to a subgrantee, or grant supported contractor. The value of such goods and space is not reimbursable as direct or indirect cost. (However, the value of the donations may be used to meet matching share requirements following HPP review to determine eligibility on a case by case basis). Curation: costs of curation or exhibition of artifacts or other materials after the project end date. Page 1 of 3 ® Damage Judgements: damage judgements arising out of acquisition, construction, or equipping of a grant assisted program or project site, whether determined by judicial decision or arbitration or otherwise. Entertainment: costs of amusements, social activities, and related incidental costs such as meals, beverages, lodging, rentals, transportation and gratuities. Equipment: Equipment and other capital expenditures are unallowable as indirect costs. (Although they may be allowable under the rules regarding Use Allowances or Depreciation, the Grantor must decide allowability on a case by case basis). Fines and Penalties: costs resulting from violations of, or failure to comply with, federal, state, and local laws and regulations. Fund raising: expenses and costs of organized fund raising, including financial campaigns, endowment drives, solicitations of gifts and bequests, and similar expenses incurred solely to raise capital or obtain contributions. Indirect Cost to Individuals: indirect costs to individuals under Grant Recipient contracts. Interest and Other Financial Costs: Interest on borrowing, however represented, is unallowable. InteEEretive Expenses: interpretive expenses, such as staff salaries or maintenance of interpretive devices, with the exception of purchase and installation costs for such devices. Le_ g, gislative Expenses: salaries and other expenses of local governmental units such as county supervisors, city councils, school boards, etc. , whether or not incurred for purposes of legislation or of executive direction. Lobbying: costs associated with activities or any communication designed To influence in any manner a member of Congress to favor or oppose any legislation or appropriation. Meals: Costs of meals for Grant Recipient employees or Review Hoard members, including any oversight or advisory boards, are unallowable except when such persons are on travel status in conjunction with activities eligible for Historic Preservation Fund assistance. Maintenance and Administration: costs of ongoing maintenance and administration of properties following an Historic Preservation Fund assisted project. Page 2 of 3 Mitigative Expenses: costs applied to mitigation activities performed as a condition or precondition for obtaining a federal permit or license or funding by other Federal programs. Museums: Costs of museum exhibits, museum staff salaries, and other museum administrative expenses, including maintenance, are unallowable. Overdrafts or Deficits: bank charges for overdrafts or deficits. Taxes, : Taxes or tax penalties which the organization involved would not have been liable to pay under prudent management are not allowable, this including payroll tax penalties or interest paid on late charges. Page 3 of 3 ATTACHMENT G PROCUREMENT STANDARDS � w PROCUREMENT STANDARDS The types of procurement contracts which are allowable under the fund are cost reimbursement firm fixed-price contracts, fixed-price incentive contracts, or cost-plus-a-fixed-fee contracts. Other types of contracts may be acceptable depending upon individual circumstances. However, cost-plus-a-percentage-of- cost-contracts may not be used under any circumstances. All procurement transactions, regardless of whether by sealed bid or by negotiation, and without regard to dollar value, shall be conducted in a manner that provides maximum open and free competition. The Recipient shall have written selection procedures which shall provide, at a minimum, the procedural requirements; incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured; clearly set forth all requirements which offerors must fulfill and other factors to be used in evaluating bids or proposals. Contract awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. Contracting procedures are as follows: A. Formal bidding: The Grant Recipient must formally advertise, with adequate purchase description, sealed bids and public openings unless negotiation is necessary to accomplish sound procurements. However, procurements under $25,000.00 need not be formally advertised. Formal advertisements should be placed in a major newspaper that covers the area affected by the project. Notice should be published at least three times in this publication or once in three different publications. Use of pre-selected bid lists, posting in public places, and publication in trade journals, and magazines are deemed legitimate steps to ensure free and open competition. The Grant Recipient must, at a minimum, submit the following documentation to the Grantor if this method is chosen: A copy of the actual advertisement and an invoice showing the dates published. The advertisement must state that federal funds are involved, and that compliance with all applicable federal, state, and local laws, rules, and regulations is required. After bids are received, they should be tabulated and summarized in a manner that will facilitate comparison. In award contracts that include additive and deductive bid items, the award procedures should include a disclosure of the selection priority for those items. The bid tabulation must be signed and dated. If no bid or no acceptable bids are received, a contract can be negotiated for the same scope of work if each bidder is given notice of this intent and reasonable opportunity to negotiate. B. Competitive Negotiation: If conditions do not lend themselves to formal advertising, the Grant Recipient may use competitive negotiation. In this type of procurement, the Grant Recipient must solicit an adequate number to be determined by the Grantor, of qualified sources to permit reasonable competition consistent with nature and requirements of the procurement. The Page 1 of 3 request for bids need not be published; it does, however, have to be publicized - normally, proposals are distributed to several prospective contractors. The Grant Recipient must honor reasonable requests by outside contractors to the maximum extent possible. The Recipient must identify all significant evaluative factors, including price or cost where required and their relative importance. The Grant Recipient must provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussion, and selection for contract award. The Grant Recipient may award to the most responsible offeror whose proposal will be most advantageous. Unsuccessful offerors must be notified promptly. C. The Grant Recipient -must utilize competitive negotiation or small purchase procedures for procurement of professional services valued under $25,000.00. The Recipient should consider the competitors' qualifications and select the most qualified; taking cost and timing into consideration. The Grant Recipient should evaluate resumes, past experience, and references at minimum to determine qualifications. D. Record keeping for procurements: The Grant Recipient must maintain records sufficient to detail the significant history of the procurement. These records must include the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for cost or price. E. Minimum federal provisions needed in Grant Recipient subcontracts: The Grant Recipient must include, at a minimum, the following items: Provisions or conditions which will allow for administrative, contractual, or legal remedies in the instances where subcontractors violate or breach the contract arrangement; Provision for a method of termination to include both default and circumstances beyond the control of the subcontractor; and Provision(s) which access the right of the National Park Service and the Grantor to contractor records, demand the contractor maintain records for a minimum of three years or more if there are audit concerns. F. The written agreement should contain the following provisions: (1) A contractor should not use his/her position for the actual or apparent purpose of private gain other than payment for services rendered for himself/herself or another person, particularly one with whom he/she has family, business, or financial ties. (2) A contractor shall not convey inside information that has not become part of the body of public information and not become available upon public request, directly to any person for private gain for himself/herself or another person, particularly one with whom he/she has family, business, or family ties. Page 2 of 3 r , (3) A contractor shall not either for or without compensation, engage in teaching, lecturing, or writing that is dependent on information obtained as a result of his/her employment with the Grant Recipient, except when that information has been made available to the general public or will be made available upon public request, or when the Grantor gives written authorization for the use of non-public information on the basis that the use is for public good. Page 3 of 3