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HomeMy WebLinkAbout2016-146 DEAPR - MdM Historical Consultants, Inc. - completion of final phase of county-wide historic resources inventory QZAPK Project Description and Contract Orange County Survey Update and Manuscript Preparation,Phase II funded by FY 2015 Federal Historic Preservation Fund Grant and Orange County This Project Description and Contract("Contract")is hereby entered into by and between Orange County(the "Grantee")and MdM Historical Consultants,Inc. (the"Consultant"),referred to collectively as the"Parties." A. CONTRACT DOCUMENTS:This Contract consists of the following documents: 1) This Contract 2) General Terms and Conditions(Attachment A) 3) Appendix for Contracts (Attachment B) 4) Scope of Work (Attachment C) 5) Services To Be Provided and Standards To Be Followed(Attachment D) 6) Time-Product-Payment Schedule(Attachment E) B. CONSULTANT PERSONNEL: MdM Historical Consultants,Inc. identifies Jennifer Martin and Cynthia de Miranda, who meet the Secretary of the Interior's Professional Qualification Standards,as the individuals who will have primary responsibility for conducting and supervising the project and reviewing all project products_The Consultant shall obtain prior written approval of the Grantee and the State Historic Preservation Office prior to any change in primary responsibility for the project. The Consultant identifies no other individual who will be carrying out a substantial portion of the work of this contract. Prior to assigning any duties to any additional employee, assistant, or subcontractor, the Consultant shall seek and obtain prior written approval from the Grantee and the State Historic Preservation Office. C. TIME SCHEDULE: This Contract shall be effective on the date of signing and shall terminate on September 2, 2016,with no option to extend. The project activities(the work of the consultant) must be completed and submitted to the HPO by August 19, 2016,with no option to extend. The final request for reimbursement of the grant funds must be submitted to the HPO by September 2, 2016. The attached Time-Product-Payment Schedule(Attachment E)is to be followed throughout the course of the project. D. PROJECT BUDGET FOR PROFESSIONAL SERVICES: The total amount to be paid by the Grantee to the Consultant under this Contract shall not exceed$20,000 including travel, photography, and all other expenses. It is understood that the Consultant is being employed as a professional and is an independent contractor and that payment for services constitutes a fee that excludes all employment taxes and related benefits.The Grantee will be responsible for providing appropriate IRS income statements(FORM 1099)for the Consultant. E. PAYMENT PROCEDURES. The Consultant will receive payment upon submission and approval of the items described in the Scope of Work(Attachment C)and in accordance with the project budget and the Time-Product-Payment Schedule(Attachment E). The Consultant will submit the products and invoices directly to the State Historic Preservation Office(HPO)for review and approval.The address is State Historic Preservation Office, 4617 Mail Service Center, Raleigh,NC 27699 Arm.Claudia Brown; telephone, 919-807-6573;fax, 919-807-6599;email, claudia.brown @ncdcr.gov. Invoices for all but the final product will be processed upon receipt of each product.The invoice for the final product will be processed upon full review and approval of the final product by the HPO.The Grantee will receive the approved invoices from the HPO and upon receipt of an approved invoice will promptly make payment of the approved amount to the Consultant. The Consultant must pay all HPO photography lab invoices associated with the project before receiving the final payment. F. TERMINATION BY GRANTEE OF CONTRACT FOR CAUSE: If the Consultant fails to fulfill in a timely and proper manner his/her obligations under this Contract, or if the Consultant violates any provisions of this Contract, the Grantee,with the concurrence of the State Historic Preservation Office, shall have the right to terminate the Contract for cause by giving written notice to the Consultant specifying the reasons for and effective date of termination. In such event,the Consultant shall cease work immediately upon receipt of such notice. The Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to termination, but in no case shall this amount exceed$20,000. G. ENFORCEMENT OF REMEDIES FOR NONCOMPLIANCE: If the Consultant fails to fulfill in a timely and proper manner his or her obligations under this Contract,or violates any of the provisions of this Contract, 2 the North Carolina Office of Archives and History may enforce the remedies for grantee or subgrantee compliance pursuant to Section 43 of the Code of federal Regulations(43 CFR 12.1 - 12.83)which is incorporated by reference in this Contract as if fully set forth herein. H. CHANGES IN PROJECT DESCRIPTION AND CONTRACT: The Grantee shall immediately notify the State Historic Preservation Office project specialist and grants supervisor if any changes to the scope of work or project schedule are anticipated. If the change is minor, the grants supervisor will advise the Grantee on how to proceed and direct the Grantee to describe the change in the final financial report. If the change is major,the Grantee will be required to utilize the procedure outlined in the Grantee Handbook for Federal Historic Preservation Fund Grant Projects. Only minor changes may be made in the scope or budget without the approval of the State Historic Preservation Office.Minor changes are those changes that involve five per cent or less of the project cost and that do not alter the basic scope of the project, do not substitute unapproved materials or methods, or do not add or delete work items.All other changes will be deemed to be major changes. Major changes must be approved in writing by the State Historic Preservation Office before changes are made. Costs of major changes, those in excess of five per cent of the project cost, made without prior State Historic Preservation Office written approval, may be disallowed.The entire grant allocation for the project may be canceled if major changes are not approved in writing by the State Historic Preservation Office. 1. NONDISCRIMINATION ASSURANCES: In consideration of the signing of this Contract for the performance of work and furnishing of labor and materials as set forth herein,the Parties hereto for themselves, their agents, officials, and employees or servants agree not to discriminate in any manner on the basis of age,handicap,sex,race, color,creed,sexual orientation,or national origin with reference to the subject matter of this Contract, no matter how remote. J. SAFETY PRECAUTIONS: The Grantee and the Consultant understand and agree that the National Park Service and the North Carolina Office of Archives and History assume no responsibility with respect to accidents, illnesses, or claims arising out of any work performed under a grant-supported project.The Grantee and the Consultant agree to take necessary steps to insure themselves and their personnel and to comply with the applicable local, State,or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970. 3 K. OTHER STIPULATIONS: As noted above, the attached General Terms and Conditions(Attachment A)Appendix for Contracts(Attachment B)are hereby incorporated in this Contract and contain stipulations regarding procurement, retention of records, changes in scope, prohibition of lobbying,non-federal audit,publications,suspension or termination of grant, standards for final products,equal opportunity,and other requirements.The Consultant shall comply with all provisions set forth in Attachment A and Attachment B. L. CONTACT INFORMATION FOR CONTRACT ADMINISTRATOR AND CONSULTANT: The Grantee identifies the following person who will serve as the Grantee Contract Administrator: Peter Sandbeck, Cultural Resources Coordinator Orange County DEAPR PO Box 8181 Hillsborough,NC 27278 Telephone: 919-245-2517 Fax: 919-644-3351 Email:paandbeck@orangecountync. og_v The Consultant's contact information is as follows: Jennifer Martin Cynthia de Miranda MdM Historical Consultants PO Box 1399 Durham,NC 27702 Location: 808 Parker Street Durham NC 27701 Jennifer Martin Telephone: 919-368-1602; Email: Jennifer @mdmhc.com Cynthia de Miranda Telephone: 919-906-3136; Email: cynthia @mdmhc.com Either Pa 'ma change the contact information by giving timely written notice to the other Parry. 4 The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. In Witness Whereof,the Grantee and the Consultant have executed this Contract in duplicate originals,with one original being retained by each Party. Orange County L10 Signature onn Date/ `a ;� H' `d. amM-e,✓'e' 4-1 CC'0^b' Il'1-Cfv�tc�-fir Printed Name Title Attest: A/ Z l q 1(0 Signature Date 'Z)0 M NA-� (0 0 Printed Name Tit e MdM Historical Consultants,Inc. 1 12q Sig ture Date \/ � C C hP-s eeA P,A'- P inted Name Title Witness: nature Date Printed Name v Title 5 NORTH CAROLINA COUNTY ORANGE COUNTY ACKNOWLEDGEMENT This is to certify that on the 9 `day of 20A-, before me personally came))II JA S. b/— / ,with whom I am name of signing official) personally acquainted,who,being by me duly sworn,says that she/he is eF b Qr'C --___-_—_---and that (title of signing official) by authority duly given and as an act of the_ Q,-0j� ___-- me of government el-y) the foregoing instrument was signed in its name. WITNESS my hand and official seal this the I day of F OA01- ---, 201k. ria — --- (SEAL) Notary Public Donna S.uoyd Notary Public Alamance County u North Carolina M sior► res My Commission Expires: lb—Z�'oqbR D 6 STATE OF NORTH CAROLINA INDIVIDUAL DURHAM COUNTY ACKNOWLEDGEMENT 1, So �1_ 4 c�,4 01 C o•� �_4_ �/ _a Notary Public,do hereby certify -- (notary public's name) T that—Te_n F._ c -1'it_ ,personally appeared before (consultant's name) me this day and acknowledged the due execution of the foregoing instrument. This the 2�5 day of-T a�v r-- 201 . (SEAL) Notary Public My Commission Expires: 0 3 _ (7�� O 20 Flburham Edward McConah6 OTARY PUBLIC County, No rth Carolina mission Expires 3/7/2020 7 Attachment A General Terms and Conditions DEFINITIONS programmatic involvement with the grantee or Unless indicated otherwise from the context, the subgrantee during the performance of the grant. following terms shall have the following meanings in this (10) "Grantee" has the meaning in G.S. 143C-6- Contract. All definitions are from 9 NCAC 3M.0102 23(a)(2). a non-State entity that receives a grant unless otherwise noted. If the rule or statute that is the of State funds from a State agency, department, source of the definition is changed by the adopting or institution but does not include any non-State authority, the change shall be incorporated herein.: entity subject to the audit and other reporting (1) "Agency" (as used in the context of the requirements of the Local Government definitions below) shall mean and include every Commission. For other purposes in this public office, public officer or official (State or Contract, "Grantee" shall mean the entity local, elected or appointed), institution, board, identified as one of the parties hereto. commission, bureau, council, department, (11) "Grantor" means an entity that provides authority or other unit of government of the State resources, generally financial, to another entity or of any county, unit, special district or other in order to achieve a specified goal or objective. political subagency of government. For other (12) "Non-State Entity" has the meaning in N.0 G.S. purposes in this Contract, "Agency" shall mean 143C-1-1(d)(18): Any of the following that is not the entity identified as one of the parties hereto. a State agency: An individual, a firm, a (2) "Audit" means an examination of records or partnership, an association, a county, a financial accounts to verify their accuracy. corporation, or any other organization acting as (3) "Certification of Compliance" means a report a unit. The term includes a unit of local provided by the Agency to the Office of the State government and public authority. Auditor that states that the Grantee has met the (13) "Public Authority" has the meaning in N.C.G.S. reporting requirements established by this 143C-1-1(d)(22)- A municipal corporation that is Subchapter and included a statement of not a unit of local government or a local certification by the Agency and copies of the governmental authority, board, commission, submitted grantee reporting package. council, or agency that (i) is not a municipal (4) "Compliance Supplement" refers to the North corporation and (ii) operates on an area, Carolina State Compliance Supplement, regional, or multiunit basis, and the budgeting maintained by the State and Local Government and accounting systems of which are not fully a Finance Agency within the North Carolina part of the budgeting and accounting systems of Department of State Treasurer that has been a unit of local government. developed in cooperation with agencies to assist (14) "Single Audit" means an audit that includes an the local auditor in identifying program examination of an organization's financial compliance requirements and audit procedures statements, internal controls, and compliance for testing those requirements. with the requirements of Federal or State (5) "Contract" means a legal instrument that is used awards. to reflect a relationship between the agency, (15) "Special Appropriation" means a legislative act grantee, and subgrantee. authorizing the expenditure of a designated (6) "Fiscal Year" means the annual operating year amount of public funds for a specific purpose. of the non-State entity. (16) "State Funds" means any funds appropriated by (7) "Financial Assistance" means assistance that the North Carolina General Assembly or non-State entities receive or administer in the collected by the State of North Carolina. State form of grants, loans, loan guarantees, property funds include federal financial assistance (including donated surplus property), received by the State and transferred or cooperative agreements, interest subsidies, disbursed to non-State entities. Both Federal insurance, food commodities, direct and State funds maintain their identity as they appropriations, and other assistance. Financial are subgranted to other organizations. Pursuant assistance does not include amounts received to N.C.G.S. 143C-6-23(a)(1), the terms "State as reimbursement for services rendered to grant funds" and "State grants" do not include individuals for Medicare and Medicaid patient any payment made by the Medicaid program, services. the Teachers' and State Employees' (8) Financial Statement means a report providing Comprehensive Major Medical Plan, or other financial statistics relative to a given part of an similar medical programs. organization's operations or status. (17) "Subgrantee" has the meaning in (9) "Grant" means financial assistance provided by N.C.G.S.143C-6-23(a)(3): a non-State entity an agency, grantee, or subgrantee to carry out that receives a grant of State funds from a grantee or from another subgrantee but does not activities whereby the grantor anticipates no include any non-State entity subject to the audit NGO Form 0009132 Grants General Terms and Conditions-Public Sector Entities Eff.9/2005 Revised 712007 Page 1 and other reporting requirements of the Local successors. It is expressly understood and agreed that Government Commission. the enforcement of the terms and conditions of this (18) "Unit of Local Government has the meaning in Contract, and all rights of action relating to such G.S. 143C-1-1(d)(29): A municipal corporation enforcement, shall be strictly reserved to the Agency and that has the power to levy taxes, including a the named Grantee. Nothing contained in this document consolidated city-county as defined by G.S shall give or allow any claim or right of action 16013-2(1), and all boards, agencies, whatsoever by any other third person. It is the express commissions, authorities, and institutions thereof intention of the Agency and Grantee that any such that are not municipal corporations. person or entity, other than the Agency or the Grantee, receiving services or benefits under this Contract shall Relationships of the Parties be deemed an incidental beneficiary only. Independent Contractor: The Grantee is and shall be Indemnity deemed to be an independent contractor in the Indemnification: The Grantee agrees to indemnify and performance of this Contract and as such shall be wholly hold harmless the Agency, the State of North Carolina, responsible for the work to be performed and for the and any of their officers, agents and employees, from supervision of its employees The Grantee represents any claims of third parties arising out of any act or that it has, or shall secure at its own expense, all omission of the Grantee in connection with the personnel required in performing the services under this performance of this Contract to the extent permitted by agreement. Such employees shall not be employees of, law or have any individual contractual relationship with, the Agency. Default and Termination Subcontracting: The Grantee shall not subcontract any Termination by Mutual Consent: The Parties may of the work contemplated under this Contract without terminate this Contract by mutual consent with 60 days prior written approval from the Agency. Any approved notice to the other party, or as otherwise provided by subcontract shall be subject to all conditions of this law. Contract. Only the subcontractors or subgrantees specified in the contract documents are to be considered Termination for Cause: If, through any cause, the approved upon award of the contract. The Agency shall Grantee shall fail to fulfill its obligations under this not be obligated to pay for any work performed by any Contract in a timely and proper manner, the Agency unapproved subcontractor or subgrantee The Grantee shall have the right to terminate this Contract by giving shall be responsible for the performance of all of its written notice to the Grantee and specifying the effective subgrantees and shall not be relieved of any of the date thereof. In that event, all finished or unfinished duties and responsibilities of this Contract. deliverable items prepared by the Grantee under this Contract shall, at the option of the Agency, become its Subgrantees: The Grantee has the responsibility to property and the Grantee shall be entitled to receive just ensure that all subgrantees, if any, provide all and equitable compensation for any satisfactory work information necessary to permit the Grantee to comply completed on such materials, minus any payment or with the standards set forth in this Contract. compensation previously made. Notwithstanding the foregoing provision, the Grantee shall not be relieved of Assignment: No assignment of the Grantee's liability to the Agency for damages sustained by the obligations or the Grantee's right to receive payment Agency by virtue of the Grantee's breach of this hereunder shall be permitted. However, upon written agreement, and the Agency may withhold any payment request approved by the issuing purchasing authority, due the Grantee for the purpose of setoff until such time the State may: as the exact amount of damages due the Agency from (a) Forward the Grantee's payment check(s) directly such breach can be determined The filing of a petition to any person or entity designated by the for bankruptcy by the Grantee shall be an act of default Grantee, or under this Contract. (b) Include any person or entity designated by Grantee as a joint payee on the Grantee's Waiver of Default: Waiver by the Agency of any default payment check(s). or breach in compliance with the terms of this Contract In no event shall such approval and action obligate the by the Grantee shall not be deemed a waiver of any State to anyone other than the Grantee and the Grantee subsequent default or breach and shall not be construed shall remain responsible for fulfillment of all contract to be modification of the terms of this Contract unless obligations. stated to be such in writing, signed by an authorized representative of the Agency and the Grantee and Beneficiaries: Except as herein specifically provided p p Yp otherwise, this Contract shall inure to the benefit of and attached to the contract. be binding upon the parties hereto and their respective NGO Form 0009B2 Grants General Terms and Conditions-Public Sector Entities Eff.9/2005 Revised 7/2007 Page 2 Availability of Funds: The parties to this Contract result of all contracts or grants entered into by State agree and understand that the payment of the sums agencies or political subdivisions. specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and Record Retention: Records shall not be destroyed, availability of funds for this purpose to the Agency. purged or disposed of without the express written Force Majeure: Neither party shall be deemed to be in consent of the Agency. State basic records retention default of its obligations hereunder if and so long as it is policy requires all grant records to be retained for a prevented from performing such obligations by any act of minimum of five years or until all audit exceptions have war, hostile foreign action, nuclear explosion, riot, been resolved, whichever is longer. If the contract is strikes, civil insurrection, earthquake, hurricane, tornado, subject to Federal policy and regulations, record or other catastrophic natural event or act of God. retention may be longer than five years since records must be retained for a period of three years following Survival of Promises: All promises, requirements, submission of the final Federal Financial Status Report, terms, conditions, provisions, representations, if applicable, or three years following the submission of a guarantees, and warranties contained herein shall revised final Federal Financial Status Report. Also, if survive the contract expiration or termination date unless any litigation, claim, negotiation, audit, disallowance specifically provided otherwise herein, or unless action, or other action involving this Contract has been superseded by applicable federal or State statutes of started before expiration of the five-year retention period limitation described above, the records must be retained until completion of the action and resolution of all issues Intellectual Property Rights which arise from it, or until the end of the regular five- year period described above, whichever is later. Copyrights and Ownership of Deliverables: All deliverable items produced pursuant to this Contract are Miscellaneous the exclusive property of the Agency. The Grantee shall not assert a claim of copyright or other property interest Choice of Law: The validity of this Contract and any of in such deliverables. its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of Compliance with Applicable Laws North Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Compliance with Laws: The Grantee shall comply with. Contract, to the exclusive jurisdiction of the courts of all laws, ordinances, codes, rules, regulations, and North Carolina and agrees, solely for such purpose, that licensing requirements that are applicable to the conduct the exclusive venue for any legal proceedings shall be of its business, including those of federal, state, and Wake County, North Carolina. The place of this Contract local agencies having jurisdiction and/or authority. and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Equal Employment Opportunity: The Grantee shall Carolina, where all matters, whether sounding in comply with all federal and State laws relating to equal contract or tort, relating to the validity, construction, employment opportunity. interpretation, and enforcement shall be determined. Confidentiality Amendment: This Contract may not be amended orally or by performance. Any amendment must be made in Confidentiality: Any information, data, instruments, written form and executed by duly authorized documents, studies or reports given to or prepared or representatives of the Agency and the Grantee. assembled by the Grantee under this agreement shall be kept as confidential and not divulged or made available Severability: In the event that a court of competent to any individual or organization without the prior written jurisdiction holds that a provision or requirement of this approval of the Agency. The Grantee acknowledges that Contract violates any applicable law, each such in receiving, storing, processing or otherwise dealing provision or requirement shall continue to be enforced to with any confidential information it will safeguard and not the extent it is not in violation of law or is not otherwise further disclose the information except as otherwise unenforceable and all other provisions and requirements provided in this Contract. of this Contract shall remain in full force and effect. Oversight Headings: The Section and Paragraph headings in these General Terms and Conditions are not material Access to Persons and Records: The State Auditor parts of the agreement and should not be used to shall have access to persons and records as a result of construe the meaning thereof. all contracts or grants entered into by State agencies or political subdivisions in accordance with N C G S 147- Time of the Essence: Time is of the essence in the 64.7. Additionally, as the State funding authority, the performance of this Contract. Agency shall have access to persons and records as a NGO Form 000962 Grants General Terms and Conditions-Public Sector Entities Eff.9/2005 Revised 7/2007 Page 3 Care of Property: The Grantee agrees that it shall be responsible for the proper custody and care of any property furnished to it for use in connection with the Sales/Use Tax Refunds: If eligible, the Grantee and all performance of this Contract and will reimburse the subgrantees shall: (a) ask the North Carolina Agency for loss of, or damage to, such property. At the Department of Revenue for a refund of all sales and use termination of this Contract, the Grantee shall contact taxes paid by them in the performance of this Contract, the Agency for instructions as to the disposition of such pursuant to G S 105-164.14; and (b) exclude all property and shall comply with these instructions. refundable sales and use taxes from all reportable expenditures before the expenses are entered in their Travel Expenses: Reimbursement to the Grantee for reimbursement reports. travel mileage, meals, lodging and other travel expenses incurred in the performance of this Contract shall be Advertising: The Grantee shall not use the award of reasonable and supported by documentation. State this Contract as a part of any news release or rates should be used as guidelines. International travel commercial advertising. shall not be reimbursed under this Contract. NGO Form 000962 Grants General Terms and Conditions-Public Sector Entities Eff.9/2005 Revised 7/2007 Page 4 ATTACHMENT B Appendix for Contracts The following stipulations, together with the General Terms and Conditions (Attachment A to the Grant Contract), apply to all grant projects funded in part by federal Historic Preservation Fund grants awarded to the North Carolina Department of Cultural Resources, Office of Archives and History (OAH), State Historic Preservation Office (HPO), by the U. S. Department of the Interior, National Park Service. The Grant Contract and any approved grant subcontract and project contract shall be subject to all the conditions of this Appendix to Contracts. Answers to questions about the application of these conditions to specific projects are available from the OAH or HPO project specialists or from the Grants Coordinator, State Historic Preservation Office, 4617 Mail Service Center, Raleigh, NC 27699-4617. Telephone: (919)807-6582. Fax: (919)807-6599. 1. PROCUREMENT: Grantees must forward to the HPO evidence of compliance with federal competitive procurement requirements for professional services and subcontracts prior to reimbursement, if applicable, and must retain procurement documentation for the time period required by the A-102 Common Rule, OMB Circular 110, and other Historic Preservation Fund program regulations. 2. CHANGES IN SCOPE OF WORK: The approved scope of work, products, budget and performance/reporting milestones included in contracts cannot be changed without prior written approval from the HPO. 3. LOBBYING PROHIBITED: Grantees and contractors must conform with the following text of 18 U.S.C. 1913, which prohibits the use of the grant funds for lobbying: No part of the money 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 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; but this shall not prevent officers or employees of the United States or its Department or agencies from communication to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. 4. RETENTION OF RECORDS: The Grantee, the United States Department of the Interior, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of any contractor, which are directly pertinent to the specific contract under the grant project, for the purpose of making audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for three years after Grantees make final payments and all other pending matters are closed. 5. AUDIT AND REPORTING REQUIREMENTS: Grantees are responsible for obtaining audits in accordance with the Single Audit Act of 1984, P.L. 98-502 (31 U.S.C. 7501-7); the Single Audit Act Amendments of 1996, P.L. 104-156((31 U.S.C. 7505(a)Jfor State, local and tribal governments, and non-profit institutions; OMB CircularA-133, Audits of States, Local Governments, and Non-Profit Institutions; or the audit requirements of OMB Circular A-110 for universities and nonprofit organizations. The audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits. Grantees are subject to audit and other reporting requirements of 9 North Carolina Administrative Code Subchapter 3M.0205. 6. PUBLICATIONS: Acknowledgment of federal grant assistance should be made in connection with the publication of any material based on, or developed under, any activity supported by Historic Preservation Fund grant funds, as follows: The activity that is the subject of this (type of publication) has been financed(in part/entirely) with federal funds from the National Park Service, Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. The design and content of any publication produced from a survey of architectural or archaeological resources must be reviewed and approved by the OAH prior to its printing. 7. SUSPENSION OR TERMINATION OF GRANT: Voluntary and involuntary suspension or termination of the grant, in whole or in part, by either the OAH or Grantee may occur at any time prior to the date of project completion. See additional provisions regarding termination of the grant in Attachment A, General Terms and Conditions. 8. ENFORCEMENT AND REMEDIES FOR NONPERFORMANCE: If the Grantee or any contractor fails to fulfill in a timely and proper manner his or her obligation under the Contract, or violates any of the provisions of the Contract, the OAH may enforce the remedies for Grantee or contractor compliance pursuant to Section 43 of the Code of Federal Regulations (43 CFR 12.43, 12.44, 12.83), incorporated by reference herein. See additional provisions regarding default and termination in Attachment A, General Terms and Conditions. 9. STANDARDS FOR FINAL PRODUCTS: Final products which do not conform to the terms and conditions of the Contract or which do not meet the applicable Secretary of the Interior's Standards for Archaeology and Historic Preservation will not be reimbursed. 10. EQUAL OPPORTUNITY: In consideration of the signing of this Contract for the performance of work and furnishing of labor and materials as set forth herein, the Parties hereto for themselves, their agents, officials, and employees or servants agree not to discriminate in any manner on the basis of age, handicap, sex, race, color, creed, sexual orientation, or national origin with reference to the subject matter of this Contract. Grantee agrees to comply with Title V/of the Civil Rights Act of 1964 (42 U.S.C. 2000 (d)), the Americans with Disabilities Act(42 U S.C. 12204), and with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). 11. SAFETY PRECAUTIONS: The National Park Service and the OAH assume no responsibility with respect to accidents, illnesses or claims arising from the work performed under a grant- supported project. The Grantee and the consultant are expected to take necessary steps to insure themselves and their personnel and to comply with applicable local, State or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 12. OTHER REQUIREMENTS: In addition to the terms detailed in this Contract, all federal requirements governing grants are applicable. (A-102 Common Rule; OMB Circulars A-87, A- 21, and A-122, and A-110 and A-133). AppendixforContracts 7 31 07 2 Attachment C Scope of Work Orange County Survey Update and Manuscript Preparation, Phase II 2015-2016 The project is to complete the update of the existing but outdated architectural survey of rural portions of the county. The unincorporated areas of Orange County was the target of two survey projects in the 1990s: a survey of Chapel Hill Township outside of Chapel Hill and Carrboro in 1991-1992 and a survey of the rest of the county outside of Hillsborough in 1992-1993. The first phase of the rural survey update was conducted in 2014-2015. The current, second phase of the update project will consist of a survey of the historic resources within the ETJ of the Town of Hillsborough. The project consultant will document and create records for approximately 60 properties identified by Orange County staff. With a few exceptions, these properties were not identified in previous survey work. In addition, the consultant will write a comprehensive architectural/historical essay to serve as the final text for the planned Orange County Historic Resources publication. Phase 11 of the survey update consists of the following: 1. Field work at the 60 properties identified by Orange County staff. On-site work will include high-resolution digital photography conforming to HPO standards, field notes, sketch plans, and all other items as specified in Attachment E; 2. Data entry in the HPO's survey database with full population of each record, including a written summary/entry. For ten properties selected for inclusion in the forthcoming publication, the written summary/entry will be publication-quality; 3. Creation of paper files with report forms generated from the database, photographic proof sheets, site plans (sketch and/or aerial photo), field notes and other relevant materials, as well as updated file labels, as specified in Attachment E; 4. Participation in an interview should one be requested by a local newspaper in response to a press release prepared by the local coordinator in cooperation with the county's public affairs officer; 5. Preparation of an essay on the architectural and historical development of rural Orange County suitable for publication; 6. Preparation of a final Study List proposal for Phases I and II of the survey update and presentation of the proposed properties at a meeting of the North Carolina National Register Advisory Committee. A shell HPO database for the Hillsborough ETJ, including any existing records, will be provided at the start of the project, along with any older digital photos (taken in 2006) of those properties. A list and map for the 60 resources to be documented and access to existing files for any of these resources also will be provided. Orange County Survey Update and Manuscript Preparation, Phase II Scope of Work All work will be done to federal and state architectural survey standards and under the supervision of HPO staff in accordance with the Contract; Appendix for Contracts (Attachment B); Services to be Provided and Standards to be Followed (Attachment D), unless otherwise specified in this scope of work; and the Time-Product-Payment Schedule (Attachment E). The consultant will meet the qualifications of 36 CFR part 61. The consultant will submit all final products no later than August 19, 2016: the paper files and a hard copy of the essay and Study List presentation (text) to the HPO and copies of the database, all digital photographs, the essay, and the Study List presentation (text and PowerPoint) on a CD or DVD to the HPO and Orange County. 2 ATTACHMENT D Services to be Provided and Standards to be Followed for Architectural Survey Update I. SERVICES AND GOODS TO BE PROVIDED BY THE CONSULTANT AND STANDARDS AND PROCEDURES TO BE FOLLOWED: The Survey Update: The Consultant will update the existing survey of the specified area with the guidance and support of the Grantee Contract Administrator and the staff of the State Historic Preservation Office (HPO) and will follow will follow guidelines in The North Carolina State Historic Preservation Office Survey Manual: Instructions for Recording Historic Resources, 2008 edition (hereinafter cited as NC Survey Manua/), supplementary guidelines provided by the HPO, and the calendar and details of the project schedule developed by the Consultant in consultation with the HPO. These state standards are in compliance with the Secretary of the Interior's"Standards for Identification."Any publications produced from the inventory should be reviewed and approved by the HPO before publication. This review would include design and content. The survey update will entail updating existing HPO survey files as well as creation of new files for properties within the project area that have not previously been surveyed and now merit recordation.All survey work will entail digital photography and data entry into the HPO's Access survey database according to HPO guidelines, including those in "Manual for Data Entry: Historic Properties and Districts Survey Forms" (10/2009) and the HPO's digital photography policy guidelines (8/2015). Data will be collected in a format compatible with the GIS mapping systems of both the Grantee and the HPO. For the purposes of payment and the satisfaction of the terms of this contract it is understood that the survey update consists of the following items: 1. Intensive field work in the designated area including a review of all structures on all roads and streets. 2. For each previously surveyed property, updating of existing HPO data by doing the following: a. Using data in existing survey files and additional data as necessary, prepare a record for each property in the HPO's Access survey database, including each of those covered by the paper multiple structures data sheets. Each record must have a survey site number and data such as a PIN for linkage to local and state GIS. If the property is in a National Register district,the entry in the written summary field may be a copy of the entry in the nomination inventory list. b. For each record, update the written summary field to reflect current status of the property, noting substantive changes since the initial survey. Be sure to check the appropriate items in the survey update data box. C. Take one or two digital photographs of each property and properly label the photo files. 2 d. Print a report form and photographic proofs (properly labeled) for each record in the database and add them to existing HPO files. Print a new, updated file label with 911 address and property name change as appropriate. 3. For each property not previously surveyed, the preparation of a completed survey file that meets guidelines in NC Survey Manual, as appropriate, and additional guidelines and policies for use of the Access survey database and digital photography. The files will include: a. a survey file folder correctly labeled; b. a completed record in the Access survey database and a printed report form for each property covered by the file.A completed record includes the written summary, which is a description of each property summarizing its history, setting, architectural form and character, integrity, associated features, and significance. C. all prints of digital record photographs of each property, properly labeled, including overall views, detail views, interior views, and photographs of outbuildings and their details where applicable. These photographs are to be submitted in the form of enlarged contacts of not more than nine images per 8-1/2 x 11 sheet in the HPO's standard format; d. for most properties, a hand-drawn or other applicable site plan, showing outbuildings and related features, and a floor plan (where examination of the interior is possible and the plan is of significance to the understanding of the building); e. any documentary information and notes collected on the construction and occupation of each property, including all necessary on-site and telephone interviews with property owners, former owners, and other persons who can provide information on the construction, occupation, and development of the property. This information is to be inserted in the respective survey file with its sources (e g., date of a conversation/interview) cited. 4. The submittal of the survey database and digital photographs on CDs or DVDs to both the HPO and the Grantee. The survey files and photographs will be reviewed by HPO staff and revised by the Consultant and the revisions approved before final payment is made. Time should be allowed for revision. 5. The submittal of report forms generated from the survey database, properly labeled printed proofs of digital photographs, and other hard-copy items such as site plans and notes, all in properly labeled file folders, to the HPO. 6. Using PowerPoint or other digital presentation software as appropriate, presentations by the Consultant and Grantee at one to three public meetings to inform the community of the project and obtain information and support. Additional local presentations about the survey will be negotiated separately. 7. Study List presentations (written and oral) by the consultant using PowerPoint, with the assistance of the Grantee and HPO staff, to the staff review committee 3 and the North Carolina National Register Advisory Committee (NRAC) encompassing individual properties and districts evaluated as potentially eligible for the National Register of Historic Places. Each individual property or district presented for the Study List will have its own survey file and the file must contain information about the interior of the property. Prior to the presentation to staff, the Consultant will meet with HPO staff to review potential Study List properties and content of the formal presentation. Prior to the NRAC meeting, the Consultant will provide HPO staff with two printed lists: 1) a list of the Study List presentation properties for attachment to the NRAC agenda; and 2) a list of the Study List properties with owner name and mailing addresses. Following the NRAC meeting, the Consultant will provide HPO staff with printed and digital copies of the presentation text and a digital copy of the PowerPoint presentation. 8. At the end of the project, a final report by the Consultant submitted to the HPO before final reimbursement is made. The final report will be a professionally written essay presenting project methodology, discussing the overall status of previously recorded properties, and describing and evaluating previously unreported historical and architectural development and related contexts of newly recorded properties. The Consultant will provide the report to the HPO in two forms: a typed (printed) paper copy and a digital copy on diskette or CD. The final submission shall also include all survey materials described above, prepared to HPO standards. Survey files will not leave the State without the written permission of the Office. Additional Standards and Procedures: In order to ensure the consistent application of Statewide Survey and National Register standards and procedures, the Consultant shall: 1. perform the project activities according to the Secretary of the Interior's"Standards for Evaluation"and "Standards for Registration" under the supervision, direction, and guidelines of the HPO; 2. seek and obtain orientation from the HPO 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; 3. have the option to use the HPO's photo lab services for the printing of proofs from CDs or DVDs for the survey files. The digital image files must be properly named upon submittal to the photo lab. The Consultant may request the HPO to make the prints at HPO cost, based on a cost list provided for various photography items by the HPO,with the understanding that,while the HPO seeks to process photographs quickly to expedite projects, problems of labor and supplies sometime generate backlogs.A three-week processing time is usual, but the time may be longer The Consultant agrees to pay all invoices for HPO photo lab services associated with the grant project prior to the HPO's approval of the Consultant's final payment as set forth in the Time-Product- Payment Schedule; 4. obtain from the HPO and utilize the Access survey database, inventory folders, and labels required for file preparation, and blank registration forms for nominations; 5. seek and obtain clerical support from the HPO for integrating photographs into Statewide Survey files; 4 6. Provide inventory materials, including survey files with printed forms as well as the survey database and digital photographs on CDs or DVDs, to the HPO for archival storage and maintenance by the HPO.; and 7. seek and obtain professional instruction and guidance from the HPO in defining the research design and conducting and completing the survey and preparation of the nomination(s);work directly with the staff member of the HPO assigned to provide on- site and in-office assistance, guidance throughout the project, support in conducting the work, and assistance in evaluation according to National Register criteria and appropriate contexts; and obtain the required review and approval of survey materials by the HPO in accordance with the Time-Product-Payment Schedule. II. SERVICES AND GOODS PROVIDED BY THE GRANTEE: To ensure that the project will operate efficiently on the local level for the Consultant, the Grantee agrees to do the following: 1. conduct local administration and accounting of the grant; 2. provide prompt secretarial assistance (if a part of the budget) for the project, understanding that deadlines established in the project schedule must be met; 3. provide adequate office space (if a part of the project budget) for the Consultant including a telephone and desk; 4. assist Consultant in developing local contacts and generating publicity for the project; 5. in consultation with the Consultant and the HPO staff, make arrangements for public meetings as required; 6. Have the option to obtain from the HPO duplicate survey files, with photocopies of survey file contents that are not on CD or DVD If duplicate survey forms and proofs are desired, the Grantee may print them from the CDs or DVDs or make arrangements at the beginning of the project for the consultant to print the duplicates. Duplication of other, non-digital components of the files by photocopying also must be arranged and carried out prior to submittal of the files to the HPO at the completion of the project. It is understood that the cost of duplicating files, including the cost of photocopying and printing duplicate survey forms and photographic prints, is the responsibility of the Grantee unless otherwise specified. Attachment to Contracts for Architectural Survey Update 1-25-2016 H Attachment E Time-Product-Payment Schedule Orange County Survey Update and Manuscript Preparation, Phase II 2015-2016 Due Date Product Payment 1. January 29, 2016 Contract fully executed. $1,000.00 Obtain survey site numbers for 60 properties to be surveyed in Hillsborough ETJ. Obtain shell database from HPO. 2. February 29, 2016 Survey 30 properties in Hillsborough ETJ, enter data into $3,000.00 HPO survey database, including draft narrative entries,and submit files, digital photos and database to HPO for review. 3. March 31, 2016 Survey 30 properties in Hillsborough ETJ, enter data into $3,000.00 HPO survey database, including draft narrative entries, and submit digital photos and database to HPO for review. 4. April 29, 2016 Draft historical essay, part 1(up through Civil War) due $3,000.00 5. May 31,2016 Draft historical essay due, part 2 (after Civil War)due $3,000.00 6. June 30,2016 Submit final revised survey information $3,000.00 7. July 29,2016 Submit final draft of essays for review $2,000.00 8. August 19, 2016 Develop list of Potential Study List properties from Phases 1 $2,000.00 and II for presentation to NRAC.Submit PowerPoint with presentation text to SHPO. Submit all final products(digital photos,final survey database with all corrections/revisions made,and paper files). Project Total $20,000 OP ID:SF AC©ROB DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 02111/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. 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