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
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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
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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
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irector, lissouri Dqpartment of Natural
Resources & State H storic Preservation Officer Attest:
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Date at
ATTACHMENT A
SCOPE, PURPOSE AND DESCRIPTION
OF
GRANT ACTIVITIES
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® 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.
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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
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ATTACHMENT B
TERMS AND •CONDITIONS
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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:
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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.
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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.
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,
® 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."
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® 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
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® 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.
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® 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.
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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;
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® 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
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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.
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(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.
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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
{
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•
•, 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.
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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.
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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.
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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.
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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.
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® 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.
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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.
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ATTACHMENT G
PROCUREMENT STANDARDS
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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
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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.
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(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.
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