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HomeMy WebLinkAbout2012-184 DEAPR - NC Dept of Cultural Resources for Hollow Rock Access Area/New Hope Preserve Phase II Please return this copy to the Clerk's to the Board's U y _ f �► • —office for permanent agenda file. NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES OFFICE OF ARCHIVES AND HISTORY STATE HISTORIC PRESERVATION OFFICE Grant Contract This Grant Contract is hereby entered into by and between the North Carolina Office of Archives and History (the "Agency") and the Orange County the"Grantee") (referred to collectively as the"Parties")for the Hollow Rock Access Area/New Hope Preserve—Phase II Cultural Resource Investigation. The Grantee's federal tax identification number is 56-0000327 1. Grant Contract Documents: This Grant Contract consists of the following documents: (1) This Grant Contract (2) General Terms and Conditions (Attachment A) (3) Appendix for Contracts(Attachment B) (4) Grant Project Outline and Budget(Attachment C) (5) Services To Be Provided and Standards To Be Followed (Attachment D) (6) Certification of Matching Share (Attachment E) (7) State Grant Certification - No Overdue Tax Debts(Attachment F) (8) Assurances- Non-Construction Programs (Attachment G) (9) Grantee's Affirmation of Receipt of Title VI, Section 504, Nondiscrimination Information Poster (Attachment H) (10)Federal Certification Regarding Debarment, Suspension and Other Responsibility Matters, Drug- Free Workplace Requirements, and Lobbying (Attachment 1) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. 2. Precedence Among Grant Contract Documents: In the event of a conflict between or among the terms of the Grant Contract Documents, the terms in the Grant Contract Document with the highest relative precedence shall prevail. The order of precedence shall be the order of documents as listed in Paragraph 1, above, with the first-listed document having the highest precedence and the last-listed document having the lowest precedence. If there are multiple Grant Contract Amendments, the most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Effective Period: This Grant Contract shall be effective on the date of signing by the Agency and shall terminate on August 31, 2013, with no option to extend. Project contracts with consultants under this Grant Contract shall end no later than August 16, 2013, with no option to extend. 4. Grantee's Duties: Grantee Performance and Eligibility: The Grantee agrees to have a satisfactory record of performance; comply with the required completion schedule for the project; comply with debarment requirements; and otherwise be qualified and eligible to receive a grant award under applicable laws and regulations. Services and Goods To Be Provided and Standards To Be Followed: The Grantee shall provide the services as described in Attachment D, Services To Be Provided and Standards To Be Followed, in accordance with the approved project outline and budget in Attachment C, Grant Project Outline and Budget. Project activities shall be performed according to the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, incorporated in this Grant Contract as if fully set forth herein, under the guidelines and professional supervision of the State Historic Preservation Office (HPO). 1 Project Description and Contract with Qualified Consultant: The Grantee agrees to enter into a detailed Project Description and Contract, using the Agency's standard contract template, with a qualified consultant, who is openly selected according to federal and state procurement requirements, to carry out objectives for non-construction projects, including architectural surveys, survey manuscripts, archaeological investigations, preservation planning, design guidelines, and the preparation of nominations to the National Register of Historic Places. The Grantee will determine the final Scope of Work to be set forth in the Project Description and Contract in consultation with the HPO. The Project Description and Contract is subject to the approval of the HPO. No project activities may begin and no reimbursements from grant funds will be available until the Project Description and Contract has been approved by the HPO and signed by the Grantee and the consultant. The Grantee shall ensure that the consultant provides all goods and services and follows all standards and procedures consistent with the terms of this Grant Contract and all attachments and with the Project Description and Contract and all attachments. Attachments to Contracts: The Grantee agrees to incorporate reference to and attach a copy of Attachment A, General Terms and Conditions, and Attachment B, Appendix for Contracts, to all contracts involving project activities. 5. Services and Goods To Be Provided by the Agency: In order to ensure the consistent application of Statewide Survey and National Register of Historic Places standards and to provide support and guidance to the Grantee and consultant, the Agency will provide the following services and goods as budget and staff permit: a. Orientation for consultant on all projects to ensure familiarity with Statewide Survey standards and procedures, resources of the Office of Archives and History, and the National Register of Historic Places program, as these are relevant to the particular project; b. The HPO's Access-based survey database(from which survey forms are generated), a block of survey site numbers, and inventory folders required for survey; registration forms for the National Register nomination(s); c. Clerical support for integrating photographs into Statewide Survey files; d. Archival storage and maintenance of inventory materials; e. Professional instruction and guidance in defining the research design, conducting and completing the survey, and preparation of the nomination(s), as applicable. A staff member of the HPO (project specialist)will be assigned to work directly with the consultant to serve as liaison with the Agency and to provide on-site and office assistance, guidance throughout the project, support in conducting the work, and assistance in evaluation according to National Register criteria and appropriate contexts. Review and approval of the survey materials, final reports, and the National Register nomination(s) by the HPO are required; f. Printing of digital photographs at Agency prices, if desired by the consultant. A cost list will be provided to the consultant for various photography items; g. For surveys, coordination of Study List presentation to the North Carolina National Register Advisory Committee, if the presentation is required; h. For district nominations, presentation of information about the National Register program at a public meeting set up by the Grantee Contract Administrator; and i. Compliance with all notification requirements for nominations to the National Register. In the event a legal notice must be printed in an area newspaper(if there are more than fifty property owners in the district), the Agency places the notice with directions that the Grantee is to be billed. Names 2 and addresses of property owners will be provided to the Agency Representative by the consultant and/or Grantee Contract Administrator. 6. Conflict of Interest Policy: The Grantee shall file with the Agency a copy of Grantee's policy addressing conflicts of interest that may arise involving the Grantee's management employees and members of its boards, commissions, and governing body. The policy shall address situations inwhich any of these individuals may directly or indirectly benefit, except as the Grantee's employees or members of its boards, commissions, or governing body, from the Grantee's disbursing of grant funds and local matching funds and shall include actions to be taken by the Grantee or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before Agency may disburse the grant funds, unless the Grantee is covered by the provisions ofN.C.CS.S. 180A- 479.11 and 14-234. (N.C.{S.S. 148C-6-23(b)(2007)) 7- Statement mfydo Overdue Tax Debts: Grantee's sworn written statement pursuant hz N.C.G.S. 143C- 6-23(c), stating that the Grantee does not have any overdue tax debts, aa defined bvN.C.G.G. 1O5- 243.1, at the federal State, or local level, is attached as Attachment F. Grantee acknowledges that the written statement must be filed before Agency may disburse the grant funds. 8' Reversion mfUnexpended Grant Funds: Any unexpended grant funds shall revert bo the Agency upon termination of this Grant Contract. | 9. Reporting Requirements: The Agency has determined that this contract is subject to the reporting requirements described on the attached Notice of Certain Reporting and Audit Requirements, Attachment G, but does not include any non-State entity subject to the audit and other reporting requirements ofthe Local Government Commission. 10' Use w0Funds and Payment of Grant Funds: The Grantee agrees bz match the grant with funds from nonfederal sources (except that Community Development Block Grant funds may be used to match the grant)within the grant period, to use grant and matching funds or services for the purpose specified in this Grant Contract, and to furnish such reports and documentation, financial or otherwise, as may be specified by the Agency and state and federal law. The total amount paid by the Agency to the Grantee under this Grant Contract shall not exceed $16,000.This amount consists of$-0-in State funds and$15,000 in federal Historic Preservation Fund grant funds (CFDA# 15.904). The Grantee's matching requirement ia$10.000. which shall consist of- Cash: $10°000 The total Grant Contract amount, comprising hadanm| grant funds plus Grantee's matching contribution, The Agency agrees to payment of grant funds on a reimbursement basis. Reimbursements will consist of a maximum of sixty percent of allowable project costs, in accordance with the actual grant/match ratio. Each time the Grantee requests reimbursement from the Agency, project expenditures, both federal grant and matching share, shall be documented by copies of signed contracts, front and back of canceled (or certified)checks or computer printouts, invoices approved by the HPO project specialist and marked paid by the Grantee, and timesheets attached to a cover letter addressed to the Agency's Contract Administrator. Upon request the Agency may advance the Grantee up to twenty-five percent of the grant funds. After satisfactory documentation of this advance, along with the required matching share, the Grantee may request additional advances for up to seventy-five percent of the grant award. The remaining twenty-five percent of grant award will be payable only after satisfactory project completion. All payments are contingent upon fund availability. The Grantee shall complete a final accounting report and submit a final request for reimbursement to the Agency within thirty(30)days of the expiration of the Grant Contract period. If this Grant Contract is . ^ terminated prior ho the expiration ofthe Grant Contract period, the Grantee shall complete a final accounting report, submit a final request for reimbursement, and return any unearned advanced funds to the Agency within thirty(3O)daysoftheE;nantCpntnunttenninationdoto. Achmckh»ranyuneornmd advanced funds must be attached to the report. The Agency shall have no obligation for payments based on expenditure reports submitted later than thirty(30)days after expiration or termination of the Grant Contract period. Further details on administration of grant funds, reimbursement, and financial documentation are found in the Grantee Handbook for Federal Historic Preservation Fund Grant Projects, which inincorporated bv reference in this Grant Contract onif fully set forth herein. 11.Contract Administratom: All notices permitted or required to be given by one Party to the other and all questions about the Grant Contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. For the IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Michele P. McCabe, Grants Coordinator Michele P. McCabe, Grants Coordinator State Historic Preservation Office State Historic Preservation Office 4617 Mail Service Center Archives and State Library Building Raleigh, NC 27699-4617 109 E. Jones St., Room 264 Raleigh, NC 27601 Telephone: 919-807-6582 Fax: 919-807-6599 For the Grantee: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Rich Shaw, Land Conservation Manager Rich Shaw, Land Conservation Manager Orange County Department of Environmental, Orange County Department of Environmental, Agriculture, Parks and Recreation Agriculture, Parks and Recreation PO Box 8181 306 F Revere Road Hillsborough, NC 27278 Hillsborough, NC 27278 Telephone: 919-245-2514 Fax: 919-644-3351 12. Disbursements: As a condition of this Grant Contract, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a, Implement adequate internal controls over disbursements; b. Pre-audit all vouchers presented for payment to determine i Validity and accuracy of payment ii. Payment due date iii. Adequacy of documentation supporting payment iv. Legality of disbursement; c. Assure adequate control of signature stamps/plates; d. Assure adequate control of negotiable instruments; and e. Implement procedures to insure that account balance is solvent. 13. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Grant Contract that have been outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of this Grant Contract without providing notice to the Agency. 14. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this Grant Contract. In Witness Whereof,the Grantee and the Agency have executed this Grant Contract in duplicate originals, with one original being retained by each Party. GRANTEE: ORANGE COUNTY -7 - Z- Signature Date Printed Name Title WITNESS: Signature`� Date Printed Name Title AGENCY: NORTH CAROLINA OFFICE OF ARCHIVES AND HISTORY s— - -7 lgotea- Signature U Date PC) Printed Name Title 5