HomeMy Public PortalAboutGrant Agreement- Dept of Natural Resources- 5-1-16STATE OF GEORGIA
COUNTY OF FULTON
THIS GRANT AGREEMENT made and entered into this P' day of May 2016, by and between the
Department of Natural Resources, State of Georgia, (hereinafter referred to as the DEPARTMENT), and the
City of Tybee Island, whose address is PO Box 2749, Tybee Island , Georgia 31328, (hereinafter referred to
as the RECIPIENT).
WITNESSETH:
WHEREAS, the provision of adequate public recreation and park facilities, equipment, and areas; the
preservation of scenic, historic, ecological, and scientific sites; and the safe maintenance of such areas and
facilities is an obligation of State government and a benefit to all the people; and
WHEREAS, O.C.G.A.-' 12-3-32 authorizes the DEPARTMENT to provide the above mentioned services
and facilities; and
WHEREAS, the DEPARTMENT is authorized by O.C.G.A. C 12-3-5 and 12-3-32 to contract and make
cooperative agreements, leases, and rental agreements, with the United States Government, any county,
municipality, Local government, or any combination of same, any public or private corporation, firm, or any
persons whatsoever, any public authority, agency, commission or institution, or between State agencies, for any
of the services, purposes, duties, responsibilities or functions vested in the DEPARTMENT; and
WHEREAS, the DEPARTMENT acts as the liaison between the State of Georgia and the National Park
Service, U.S. Department of Interior, by administering the Federal assistance program for preservation of
properties listed on the National Register of Historic Places, as provided by the National Historic Preservation
Act of 1966; and
WHEREAS, the RECIPIENT has duly applied for and been awarded a matching Federal grant in the
amount of $7,200.00 to produce phase two of a city-wide historic resources survey.
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NOW THEREFORE, in consideration of the promises, conditions and covenants hereinafter set forth, the
parties hereby agree as follows:
A. The RECIPIENT agrees by the necessary negotiations, agreements and contract to:
1. Undertake a project to include the items as set forth in Exhibit A, attached hereto, and by
reference incorporated herein.
2. Complete the project and submit one copy of a first draft of the project to the DEPARTMENT for
review and comment. Such draft shall be submitted to the DEPARTMENT no later than April 1,
2017. The final draft shall be submitted to the DEPARTMENT no later than June 1, 2017, for
review and approval.
3. Submit the required number of copies of the final project, as specified in Exhibit A, to the
Department for review and approval. Such final project shall be submitted no later than August
15, 2017.
4. Notify the DEPARTMENT and obtain its approval prior to employing or otherwise securing the
services of any consultant to be compensated with funds provided for in this Agreement.
B. The DEPARTMENT, in consideration of such promises, covenants and undertakings by the RECIPIENT,
shall pay to the RECIPIENT an amount not to exceed $7,200.00, such amount to be matched forty percent
(40%) by the RECIPIENT. Payments on a sixty percent (60%) reimbursement basis may be made at
reasonable intervals and upon submission to the DEPARTMENT of a request for reimbursement, supported by
required financial documentation and progress reports. Ten percent of the total grant amount shall be withheld
until review and approval by the DEPARTMENT of the final report. Final requests for reimbursement must be
submitted to the DEPARTMENT no later than October 30, 2017. RECIPIENT shall maintain financial
documentation concerning the project work until a successful audit has been completed by the
DEPARTMENT and the DEPARTMENT has notified the REC]PIENT in writing that such records are no
longer needed, or for three years after the project is completed.
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The RECIPIENT agrees to comply with all applicable regulations, laws, policies, guidelines and requirements
of the grant program, including OMB A-87 or A-122, A-102 or A-110, A-128, FMC 74-4 and 74-8, National
Register Programs Guidelines, the Secretary of the Interior's "Standards for Archaeology and Historic
Preservation," and any special conditions or regulations relating to the application, acceptance and use of
Federal funds for a federally assisted project. Final products that do not conform to the applicable Secretary of
the Interior's "Standards" will not be reimbursed. No part of the funds provided for under the terms of this
Agreement shall be used directly or indirectly to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device, intended or designated to influence in any manner a
member of 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.
Thus, costs associated with activities to influence legislation pending before the Congress, comrnonly referred
to as "lobbying," are unallowable as charges to HPF-assisted grants, either on a direct or indirect basis (18
U.S.C. A 1913).
1. The RECIPIENT will comply with • c Civil Rights Act of 1964, 42 U.S.C. 2000d et
seq ., and in accordance with Title V of that Act, 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
receives Federal financial assistance. The RECIPIENT will inunediately take any measures
necessary to effectuate this provision.
2. The RECIPIENT will comply with Title VI of the Civil Rights Act of 1966 (42 U.S.C. 2000 et sec .)
prohibiting employment discrimination where (1) the primary purpose of a grant is to provide
employment, or (2) discriminatory employment practices will result in unequal treatment of
persons who are or should be benefiting from the grant -aided activity.
3. The RECIPIENT will comply with Section 504 of the Rehabilitation Act of 1973 (29U.S.C. 794 et.
seq.) which requires that no qualified handicapped individual is solely, by reason of handicap,
excluded from the participation in, denied the benefits of, or subjected to discrimination under any
program or activity receiving Federal financial assistance.
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4. The RECIPIENT agrees to comply with the Americans with Disabilities Act (ADA) of 1990
(42 U.S.C. 12101 et. seq.). This act prohibits discrimination on the basis of disability in services,
programs and activities provided by State and Local governments entities.
5. "The RECIPIENT agrees that as a condition to the receipt of funds provided herein, and in
consideration of other benefits to be derived herefrom RECIPIENT covenants that it will have an
organization -wide audit made by an independent accounting firm for fiscal years which begin after
December 31, 1984, in accordance with the requirements, regulations, and exceptions prescribed
under the Single Audit Act of 1984, (31 U.S.C. J 7501 et seq.), or OMB Circular A-110, and in
accordance with generally accepted govenunent auditing standards. Further, RECIPIENT agrees
to provide one copy of any audit report so performed to the DEPARTMENT within 180 days
following each audit period and as soon as such report is available to RECIPIENT. All records and
financial statements as may be necessary to verify the proper accounting of federally financed
programs shall be made available to the DEPARTMENT or its agents upon reasonable notice."
D. The RECIPIENT and the DEPARTMENT mutually agree:
1. That project work is limited to the historic preservation project only and that no development
and/or physical improvements are allowable.
2. Any publications, exhibits, public announcements, news releases or presentations related to the
project shall acknowledge Federal assistance substantially as follows: This Marne of
project/product] has been financed in part with Federal funds from the National Park Service,
U. S. Department of Interior, through the Historic Preservation Division of the Georgia
Department of Natural Resources. However, the contents, opinions, and recommendations
expressed in this [project/product] do not necessarily reflect the views or policies of the
Department of the Interior or the Georgia Department of Natural Resources, nor does the
mention of trade names, commercial products or consultants constitute endorsement or
recommendation by these agencies. This program receives Federal financial assistance for
identifrcation and protection of historic properties. Under Title VI of the Civil Rights Act of
1964 and Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of
1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of
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race, color, national origin, age, gender or disability in its federally -assisted programs. If you
believe you have been discriminated against in any program, activity, or facility as described
above, or if you desire further information, please write to: Office for Equal Opportunity,
National Park Service, 1849 C Street, N. W., Washington, D.C. 20240.
3. That any publication produced with the assistance of this grant or matching funds must have prior
approval by the DEPARTMENT and the National Park Service.
4. That this Agreement is based upon the condition that if the RECIPIENT fails to perforin fully that
which it herein agrees to perform this Agreement shall be void and of no effect and in such event,
arty funds thus far paid by the DEPARTMENT to the RECIPIENT shall be returned except as
provided in paragraphs D5 and D6 below, and shall be due and owing to the DEPARTMENT; but
if such condition is fully and truly performed, this Agreement shall be and remain in full force
and effect. That the failure of the DEPARTMENT at any time to require performance by the
RECIPIENT of any provision hereof, shall in no way affect the right of the DEPARTMENT
thereafter to enforce the same, nor shall the waiver by the DEPARTMENT of any breach of any
provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as
a waiver of the provision itself.
5. If through any cause, the RECIPIENT shall fail to fulfill in timely and proper manner the
obligation under this Agreement, or if the RECIPIENT shall violate any of the covenants,
agreements, or stipulations of this Agreement, the DEPARTMENT shall thereupon have the right
to terminate this Agreement by giving written notice to the RECIPIENT of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs, and reports prepared by the RECIPIENT shall, at the option of the
DEPARTMENT, become the property of the DEPARTMENT, and the RECIPIENT shall be
entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials. Notwithstanding the above, the RECIPIENT shall not be relieved
of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any
breach of this Agreement by the RECIPIENT, and the DEPARTMENT may withhold any
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payments to the RECIPIENT, for the purpose of setoff until such time as the exact amount of
damages due the DEPARTMENT from the RECIPIENT is determined.
6. The DEPARTMENT may terminate this Agreement at any time by giving written notice to the
RECIPIENT of such termination and specifying the effective date thereof at least fifteen (15) days
before the effective date of such termination. In that event, all finished or unfinished documents
and other materials shall, at the option of the DEPARTMENT, become its property. If this
Agreement is terminated by the DEPARTMENT as provided in this paragraph, the RECIPIENT
will be paid an amount which bears the same ratio to the total compensation as the services
actually performed bear to the total services of the RECIPIENT covered by this Agreement, less
payments of compensation previously made.
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7. Except as otherwise provided in paragraphs D5 and D6 above, all rights, title and interest in all
documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by
RECIPIENT pursuant to this Agreement (hereinafter referred to as the "project materials"),
including without limitation any copyright, title, trademark and intellectual property rights in and
to the project materials, shall remain with RECIPIENT. RECIPIENT reserves unto itself all rights
of every kind and nature except those expressly granted to DEPARTMENT herein. RECIPIENT
hereby grants to DEPARTMENT a perpetual, nonexclusive, nontransferable, royalty free, license
to use, copy, maintain and modify the project materials, in whole or in part, and to incorporate the
project materials, in whole or in part, into other works.
8. If the RECIPIENT is a nonprofit contractor as defined in O.C.G.A. 50-20-2, the RECIPIENT
agrees to comply with the provisions of O.C.G.A. 50-20-1 through 50-20-8, and in particular the
requirements of O.C.G.A. 50-20-3, and with such further instructions and requirements that the
State of Georgia may subsequently require in the implementation of said audit and financial
statement provisions.
9. The parties to this Agreement certify that the provisions of law regarding conflicts of interest of
public officials and employees as set forth at O.C.G.A. 45-10-20 through 45-10-28 have not and
will not be violated in any respect in regard to this Agreement.
10. The RECIPIENT covenants that it presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of services
required to be performed under this Agreement. The RECIPIENT further covenants that in the
performance of this Agreement no person having such interest shall be employed.
11. This Agreement is at all times subject to applicable State and Federal laws, standards and/or rules
and regulations now existing or which may be hereafter enacted and/or adopted.
12. This Agreement and all rights, privileges and responsibilities shall be interpreted and
construed according to the laws of the State of Georgia.
13. Neither the performance nor the proceeds of this Agreement may be assigned except with the
prior written consent of the Commissioner of the DNR. This Agreement represents the sole
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and complete agreement between the parties hereto and may be amended, changed or modified
only by a written document signed by both Parties, hereto.
14. This Agreement represents the sole and complete agreement between the parties hereto and may
be amended, changed or modified only by a written document signed by both Parties, hereto.
15. This Agreement is executed in two (2) counterparts, each of which is deemed an original of equal
dignity with the other and which is deemed one in the same instrument as the other.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the day and year
first above written.
GEORGIA DEPARTMENT OF NATURASOURCES
10_11() � By �CJ4
Witness Dr. David Colin Crass`, Division Director
RECIPIENT: CITY OF TYBEE ISLAND
)/4-4-4 By
Witness Printed or Typed Name: j
Printed or Typed Title: /may , t
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EXHIBIT A
SCOPE OF WORK & BUDGET
CITY OF TYBEE ISLAND
HISTORIC RESOURCES SURVEY, PHASE TWO
SCOPE OF WORK
The RECIPIENT will conduct phase two of a comprehensive historic resources survey of an estimated 300
parcels (or as many as funds will allow), which will include buildings, structures, sites, and objects, constructed
before 1976 and located within the City of Tybee Island's municipal boundaries..
All -project work shall conform to the Secretary of the Interior's. Standards for Archaeology and Historic
Preservation, which include the Standards for Evaluation, Identification, and Registration.. The project work
will be prepared in accordance to (a) National Register Bulletin: Guidelines for Local Surveys: A Basis for
Preservation Planning; (b) the Historic Preservation Division's guidance materials for identifying and
documenting Georgia's historic resources, including the Georgia Historic Resources Manual, May 2016 and
"Tips for Using GNAHRGIS as part of a Georgia Historic Resources Survey," available online; and (c) the
DEPARTMENT'S Georgia's Natural, Archaeological, and Historic Resources Geographic Information System
(GNAHRGIS) web -based GIS database.
The RECIPIENT will ensure that the consultant(s) meets professional requirements according to the Secretary
of the Interior's Professional Qualification Standards (36 CFR Part 61) and possess the following:
1. A thorough knowledge of and familiarity with American architectural history;
2. Demonstrated experience in researching and describing historic resources, conducting architectural
surveys, and writing historic contexts;
3. A thorough knowledge of and familiarity with identifying and evaluating Georgia's historic
resources including architectural styles and types, the GNAHRGIS database, and survey
procedures;
4. Demonstrated writing skills; and
5. Experience with digital photography.
The RECIPIENT will ensure that consultant(s) is familiar with data categories and procedures for the
GNAHRGIS system.
The RECIPIENT will ensure that all survey data and digital photographs are entered in the GNAHRGIS online
database within the contract period. All data groups in GNAHRGIS will be completed for each resource
surveyed and a minimum of two (2) digital photographs per resource will be uploaded. Resource information is
entered and stored via the GNAHRGIS website. Printed (hard copy) resource "forms" are not required and are
not reimbursable as part of this grant.
The RECIPIENT will provide a survey area map delineating surveyed parcels. The map will indicate the
survey area boundary, any relevant local or National Register of Historic Places -listed historic district
boundaries, ALL addresses, legal parcels, and ALL street names, and be at a scale of 1" = 200'. The map will
include a key explaining boundaries.
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The RECIPIENT will provide five (5) final copies and two (2) electronic CD/DVDs of the survey report, and
the survey map, to the DEPARTMENT within the contract period.
The survey report is to include at a minimum:
• Executive summary, which includes the total number of surveyed resources;
■ Project description, including how the survey was funded, who sponsored the survey, the name of
the surveyor, and a general description of the survey area, including a clear statement and justification
of the boundaries of the Phase One area surveyed, and the total number of surveyed resources for
Phase One;
Summary of previous preservation projects, including previous survey efforts, local designations,
National Register listings, and other historic preservation planning efforts;
• Developmental history: a brief written account of how the area developed over time and how it
reflects distinctive aspects of Georgia's history;
■ Survey methodology, including the fieldwork techniques and research methods employed while
conducting the survey, references to previous surveys, and an explanation of any re -survey
completed as part of this project;
■ Recommendations for future preservation activities, including: potential National Register
nominations for individual resources and/or historic districts with basic boundary justification(s)
for any proposed historic districts; potential updates and/or amendments to existing National
Register historic districts; designation recommendations for potential local historic districts, as
applicable; and potential economic development, heritage tourism, and other preservation planning
activities;
• Survey results and architectural analysis, including the total number of surveyed resources
divided into appropriate categories; a table listing the main building types and main architectural
styles as identified in GNAHRGIS, as well as narrative defining these; local architectural
character; some general observations (such as integrity and condition of resources, character -
defining features, and apparent developmental trends), and local landmarks and eccentricities;
■ Appendix 1: table listing all GNAHRGIS ID numbers associated with the survey paired with the
address of the resource that each GNHARGIS ID number represents.
• Appendix 2: A survey map that delineates the survey area; existing local historic district and
National Register -listed district boundaries and potential or recommended updates and/or
expansions to these existing district boundaries; and the boundaries of any identified potential new
historic districts (this map will be in addition to the separate 1"=200' map discussed above).
All project development by the RECIPIENT shall be reviewed by the DEPARTMENT. The review process
includes reviewing and approving consultant selection, the consultant contract, GNAHRGIS data, first draft of
the survey report and map, subsequent drafts of the survey report and map, final draft of the survey report and
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map, and other materials determined necessary during project development.
Prior to review by the DEPARTMENT, the RECIPIENT shall review drafts of the survey report and ntap, If
the RECIPIENT wishes to review draft GNAHRGIS survey data, the RECIPIENT shall ensure that the
consultant provides access to this draft data.
The RECIPIENT will complete project work by the following due dates.
November 1, 2016 Approximately 25% of surveyed resource data entered into GNAHRGIS
January 1, 2017 Approximately 50% of surveyed resource data entered into GNAHRGIS
March 1, 2017 Approximately 75% of surveyed resource data entered into GNAHRGIS
April 1, 2017
June 1, 2017
August 15, 2017
BUDGET
First Draft of Survey Report and map submitted in hard copy format (1 unbound
copy) or electronic format (MS Word) and map to the DEPARTMENT for review
and comment
Second Draft of Survey Report submitted in hard copy format to the
DEPARTMENT for review and comment, as necessary
Final version of one (1) set of survey map(s) submitted for approval by the
DEPARTMENT
Final Survey Report submitted to the DEPARTMENT in hard copy format five (5)
copies and two (2) electronic CD/DVDs
Final Survey Map Submitted to the DEPARTMENT (1 copy)
All GNAHRGIS data and digital photographs for each resource completed
FEDERAL SHARE
MATCHING SHARE
$7.200.00
4,800.00
TOTAL PROJECT COST $12,000.00
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