HomeMy Public PortalAboutDept of Natural Resources- South End Overlay Historic District 7-1-18STATE OF GEORGIA
COUNTY OF CHATHAM
THIS GRANT AGREEMENT made and entered into this 1st day of July 2018, 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 P. O. 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 govemment 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. 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 $6,120.00 for the creation of design guidelines.
Page 1 of 12
NOW THEREFORE, in consideration of the promises, conditions and covenants hereinafter setfo
parties hereby agree as follows:
the
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,
2019. The final draft shall be submitted to the DEPARTMENT no later than June 1, 2019, 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, 2019.
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 $6,120.00, 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, 2019. 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 RECIPIENT in writing that such records are no
longer needed, or for three years after the project is completed.
Page 2 of 12
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 mariner 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, commonly referred
to as "lobbying," are unallowable as charges to HPF-assisted grants, either on a direct or indirect basis (18
U.S.C. 1913).
I. The RECIPIENT will comply with Title V of the 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 immediately 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 seq.)
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.
Page 3 of 12
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. 7501 et seq.), or OMB Circular A-110, and in
accordance with generally accepted govemment 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 [name of
project/product] has been financed in part with Federal fundsfrom 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 fprojectproductJ 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
identification 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
Page 4 of 12
race, color, national origin, age, gender or disability in its federally -assisted programs. Ifyou
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 perform fully that
which it herein agrees to perform this Agreement shall be void and of no effect and in such event,
any 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
Page 5 of 12
payments to the RECIPIENT, for the purpose of setoff until such time as the exact amottnt 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.
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.
Page 6 of 12
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
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.
Page 7 of 12
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the day and year
first above written.
Witness
GEORGIA DEPARTMENT OF NATURAL RESOURCES
By
Dr. David Colin Crass, Division Director
RECIPIENT: CITY OF TYBEE ISLAND
Cbectu -Lts \ By
Witness Printed or Typed Name: S'#9 - a,avtiy N
Printed or Typed Title:
Page 8 of 12
f'i'7rZyoie P44
EXHIBIT A
SCOPE OF WORK & BUDGET
CITY OF TYBEE ISLAND
DESIGN GUIDELINES
SOUTH END OVERLAY HISTORIC DISTRICT
SCOPE OF WORK
The RECIPIENT will produce a commercial historic district design guidelines manual for the City of
Tybee Island South End Overlay Historic District in close accordance with the guidelines provided in
Preparing Design Guidelines for a Historic District (attached as Exhibit B) and that, in summary,
includes: addressing identification and categorization of historic property types and their features,
alteration and new construction issues (including a consideration for alterations due to sea level rise),
review and certificate of appropriateness procedures, and other applicable guidance material for use by the
general public and the local historic preservation commission in implementing the City of Cordele's
historic preservation ordinance.
All project work shall conform to Secretary of the Interior's Standards for Archaeology and Historic
Preservation, which include the Standards for Preservation Planning and Standards for the Treatment of
Historic Properties. The RECIPIENT will provide three (3) printed copies and two computer diskettes/CDs of
the design guidelines to the DEPARTMENT within the contract period.
All project materials shall be reviewed by the DEPARTMENT. The review process includes reviewing and
approving the consultant contract and contract scope -of -work, the preliminary drafts, final draft, and other
materials determined necessary during project development.
The RECIPIENT will complete project work by the following due dates:
April 1, 2019
June 1, 2019
August 15, 2019
BUDGET
First Draft of design guidelines submitted in hard copy format to the
DEPARTMENT for review and comment
Second Draft of design guidelines submitted in hard copy format to the
DEPARTMENT for review and comment, as necessary
Final design guidelines submitted to the DEPARTMENT in hard copy format three
(3) copies and two (2) electronic CD/DVDs
FEDERAL SHARE $6,120.00
MATCHING SHARE $4,080.00
TOTAL PROJECT COST $10,200.00
Page 9 of 12
EXHIBIT B
PREPARING DESIGN GUIDELINES
FOR A HISTORIC DISTRICT
What are Design Guidelines?
Design guidelines are a•preservation and redevelopment management tool used to help retain the historic
character of a designated historic district (or districts, as they may be developed to cover more than one).
Compiled and used in conjunction with a local preservation ordinance, project review by a local
preservation commission, and other construction permitting regulations, they help ensure that historic
properties are protected and that new construction respects district character.
Design guidelines establish the architectural character context of a historic district by identifying and
categorizing existing historic properties and resources. They provide guidance addressing alterations and
improvements to those historic properties, for new construction and development, for regulating
demolition and dealing with neglected properties, and also recommendations for appropriate maintenance
practices. They serve to guide individuals, businesses, architects, designers, as well as the local historic
commission, in making consistent and objective decisions involving work and development within the
historic district.
Preliminary Preparation
Before design guidelines are prepared, the historic character of the associated historic district must be
documented so that detailed knowledge of its resources is available for incorporation into the guidelines as
necessary. If the district is already a locally or nationally registered historic district, then much of this
research will already have been accomplished in previous surveys. If it has not been previously surveyed or
if a previous survey is inadequate, then it is essential to conduct a (new) survey. For design guideline
purposes, survey information is analyzed to determine district historic character -defining building patterns
and forms, architectural styles and features, landscape and streetscape features, and to identify intrusive or
non-contributing properties.
It is also important that development patterns or opportunities within the district be understood as much as
possible and that other local/regional governmental development plans and regulations be studied to
identify potential conflicts between those and the goals of the historic district.
Ideally, this preparatory information will be used to develop design guidelines that will promote
appropriate improvements or changes to existing historic properties and will direct quality development to
suitable areas, all the while supporting broader planning objectives.
Components of a Design Guidelines Manual / Historic District Manual
The document containing historic district design guidelines istypically the Design Guidelines Manual or
Historic District Manual, which also needs to include a brief history of the district, information about the
purpose of the design guidelines and the review process it supports, descriptions of the district's historic
features and characteristics collected from survey information, terms and definitions, and applicable
reference information. As a compilation, the Design Guidelines Manual or Historic District Manual should
be configured in a logical and user-friendly manner, use terms understandable by the general public to the
Page l0 of 12
extent possible, and be divided into subject matter sections for ease of finding information. Essentially,
these subject sections should be determined according to the manner desired for organizing information for
presentation, which could be by resource type (residence, building, landscape, etc.), feature (roof, porches,
windows, storefronts, etc.), or some combination thereof.
Recommendations and cautions contained in design guidelines are often applicable to any historic district
because of their numerous similarities. However, the design guidelines of a particular historic district need
to be tailored to its individual character. To this end, general recommendations that have no application to
a historic district should not be included, while situations that are unique to the district should have custom
recommendations developed.
Consultants
Although members of the local preservation commission or other volunteers could complete some of the
activities associated with producing design guidelines, engaging a professional preservation consultant may
be useful to ensure that the design guidelines are thorough, impartial, professional, and consistent with the
Secretary of the Interior's Standards for the Treatment of Historic Properties and the Secretary of the
Interior's Standards for Preservation Planning. Hiring a preservation consultant should include the
following: considering their or their employees' education, training, and experience; reviewing their
previous work; and contacting references to find out how useful/user-friendly design guidelines developed
for their other clients have been.
It is also important to remember the limits of the consultant's role in the design guidelines development
process. Clearly, the consultant should be responsible for gathering new or compiling existing information,
making guideline recommendations based on recognized preservation treatments, and
formatting/producing the design guidelines manual. However, it is the responsibility of the government
who commissions the Design Guidelines Manual / Historic District Manual to set the agenda and
objectives of the design guidelines project, direct the consultant accordingly, and to establish end -product
expectations. In order to fulfill this role, the client -government should possess basic familiarity with and
understanding of design guideline concepts, which can be gained by examining a variety of existing design
guidelines, including those developed by the selected/preferred consultant and other consultants or
agencies.
A Design Guidelines Manual for a historic District should include:
1. Introductory information including: table of contents, district identification information (including
district location, district boundaries, listing on historic registries), and an executive summary (including
acknowledgements, explanation of the importance of protecting the historic district, why the guidelines
manual was developed, and how to use the guidelines manual).
2. Explanation and text of the historic preservation ordinance.
3. Explanation of the historic preservation commission and the review process, including the Certificate
of Appropriateness application and review process, application forms, appeals process, and other related
regulations, as applicable.
4. Brief history of the historic district, including its historical development, significant properties, and
designated period of significance.
Page I I of 12
5. Identification of district historic character -defining features, including but not limited to: road
patterns, lot configurations, building-to-building/building-to-site relationships, building types and
styles, building materials, features and details, building uses, landscape features, and streetscape
features. Identification should include photographs of representative examples taken from the district.
6. Guidelines for treatment of historic properties including but not limited to: appropriate treatment of
historic features*, maintenance, alterations, and additions. Recommendations should follow the
Secretary of the Interior's Standards for the Treatment of Historic Properties and should be based en
the identified historic character -defining features of the district. (General recommendations that have
no application to the historic district should not be included; unique features and situations in the
district should be addressed with customized recommendations)
7. Guidelines for new construction including but not limited to: acceptable locations, site setting and
orientation, setbacks, size, height, styles, materials, and design of various features such as windows,
doors, roofs, etc. Guidelines for new construction should be based on identified preservation goals
developed for the historic district through a public planning process. And, while new construction
should be compatible with and complement existing historic properties, it does not need, nor should it,
replicate existing character -defining features.
8. Guidelines for landscape planning and construction activities including but not limited to: streetseape
improvements, utilities, tree preservation, fences, retaining walls, parking, paving materials, and tot
size.
9. Guidelines for demolition, neglect of properties, and relocating buildings.
10. Resources & references, including but not limited to: Glossary of Terms, the Secretary of the
Interior's Standards for the Treatment of Historic Properties and associated guidance materials such as
the National Park Service's Preservation Briefs, local historic district regulations (apart from the
historic preservation ordinance) and other applicable laws and regulations, applicable forms &
applications, lists of available resources with contact information and a Bibliography. These resources
and references may be part of other sections of the manual or included as appendices.
*Historic Features include, but are not limited to: visible roofs, exterior wall material(s), foundation
material(s), windows, doors, trim, porches, storefronts, and architectural ornamentation. Treatment
recommendations should be provided for all common historic feature categories and types. Guidance for
identifying historic features is provided in NPS Preservation Brief No.17: Architectural Character-
Identibiing the Visual Aspects of Historic Buildings as an Aid to Preserving Their Character.
Photographs from the historic district should be used throughout the Manual to illustrate building types
and styles, character -defining features, landscape features, appropriate new construction, and other
guidelines subjects.
William Hover, Architectural Reviewer / Brandy Morrison
Rehabilitation Guidance Program
Georgia Department of Natural Resources — Historic Preservation Division
May 2008
rev. May 2012
Page 12 of 12