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Mou/Moa - 2020 - Grant Supporting National Register Of Historic Places Program In Idaho - 5/28/2020 CLG-2020-004 MEMORANDUM OF AGREEMENT 'HIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into by the State Historic Preservation Office ("SHPO"), a division of the Idaho State Historical Society, and CITY OF EAGLE ("Grantee"), effective as of the date of final signature ("Effective Date") and relates to a project to be undertaken by the Grantee, with financial assistance from a National Park Service matching grant in aid program supporting the National Register of Historic Places program in Idaho, administered in Idaho by SHPO. The National Register of Historic Places program was established by the National Historic Preservation Act of 1966, as amended, and is administered by the National Park Service, U.S. Department of the Interior. ?he SHPO and the Grantee agree as follows: 1. Application, Project Description and Budget. Grantee submitted an application for DOWNTOWN EAGLE PRE-SURVEY PREPARATION ("Project") for FY20. SHPO will provide a matching grant in aid from the National Park Service to assist Grantee with a portion of costs related to the Project. Grantee hereby agrees to carry out the Project work as described in Attachment A ("Project Description") within the budget set forth in Attachment B ("Budget"). All funds provided by SHPO for this Project shall be federal funds from the National Park Service. No state funds shall be used under this Agreement. 2. Period of Performance. Work under this Project shall commence after the Effective Date and be completed no later than 30 September 2021. 3. Publications. An initial or partial draft of any publication prepared by Grantee as part of this Project shall be submitted to SHPO at no later than the 31 January 2021 for review and comment. A completed second draft of any publication must be submitted to SHPO no later than 31 May 2021 for review and comment. All draft publications must be submitted to SHPO in Word or similar editable format; formats such as PDFs will not be accepted. The final version of the publication must be submitted to SHPO no later than 1 September 2021. No publication may be submitted to final printing until a proof of the publication has received approval from SHPO. All publications and public information materials, including audio visual and workshop materials, when applicable, must contain acknowledgment of National Park Service support and the nondiscrimination statement as identified in NPS-49, and the CLG Grants Handbook, available at: htto;//history.idahQsaQv/sites/default/files/uploads/C.La_ r nt Manual 2Q18:12df. In accordance with the guidance from the National Park Service, all publications, reports, and documents shall be considered property of the Idaho State Historic Preservation Office. The Idaho State Historic Preservation reserves the right to edit any publication as necessary; in the case such edits are necessary, the Idaho SHPO will provide appropriate credit to the publication's preparer. ►- p Gill JUN 191020 By --- CLG-2020-004 4, Allowable Costs. Allowable Project costs are for items described in Attachment A and are included within the Budget set forth)n Attachment B. Allowable Project costs must be documented to the satisfaction of SHPO and determined by SHPO to: a. meet federal requirements for the Project; b. be necessary and reasonable for the completion of Project; c. have been incurred for Project during the period of the grant; and d, meet the obligations outlined in Attachment A. If the Project involves the acquisition or development of a National Register listed property: a. A Preservation Agreement or Covenant shall be executed prior to or concurrent with disbursement of grant funds. The active period for the Agreement is based on the amount of federal funds involved and is defined in Chapter 5, Section B.12 and Chapter 6, Section E.8.f.12 of NPS-49. b. A Project sign acknowledging National Park Service assistance shall be erected at the Project site during the Project's term, or Grantee shall obtain, and provide SHPO with a written National Park Service waiver of this requirement. c. For a development Project, the architectural plans and specifications must be approved by SHPO as being in conformance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties." d. A current appraisal by an appraiser meeting the professional qualifications in Chapter 6 of NPS-49 shall be obtained prior to the acquisition of real property. e. A statement of Just Compensation shall be obtained from the seller of the property prior to the acquisition of real property with National Park Service grant assistance or matching share. 5. Project Payment. Grantee agrees to contribute cash or donated services to the Project in the minimum total of$2.500, or to pay for SO% of eligible Project costs, whichever is less. Upon SHPO's verification of successful completion of the Project by Grantee, SHPO shall pay Grantee $2,500 in matching federal funds, as outlined in the Budget, subject to SHPO's receipt of the funds from the National Park Service. Grantee may bill SHPO after the completion and acceptance by SHPO of each completed activity described in Attachment A. All bills submitted must include supporting fiscal documentation detailing the federal and non-federal share of Project costs. Grantee shall submit three copies of all reimbursement requests. Reimbursements will be made by SHPO for expended funds only. Grantee's final bill shall include a comparison of completed activities and budget to those in the approved Budget. Grantee agrees to maintain all financial and administrative documents and records pertaining to the full life-cycle of the grant for a period of not less than five (5) years after completion of the Project. CLG-2020-004 6. Procurement of Personnel and Services. Crantee shall comply with Tit) ? Qf the Cycle of FOerai RtgulatQnS, Section A, Subtitle I, "Standards for Financial and Program Management," (formerly OMB Circular A-102) for soliciting supplies, equipment and othe'services. At a minimum, all procurement transactions, regardless of whether by sealed bids or by negotiation, and without regard to dollar value, shall be consistent with the requirements of this Subsection I. Procurement procedures shall not restrict or eliminate competition. Written selection procedures shall provide, at a minimum, the following procedural requirements: a. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unculy restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured. When necessary, descriptions shall set forth those minimum essential characteristics and standards necessary to satisfy its intended use. Detailed product specifications should be avoided, if possible. When a clear and accurate description of the technical requirements is impractical or uneconomical, a "brand name or equal" description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be net shall be clearly stated. b. Clearly set forth all requirements which must be fulfilled and all other factors to be used in evaluating bids or proposals, such as a deadline for completion of the Project. c. Contract awards shall be made only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. d. Contract awards shall not normally be made to a contractor or professional who has developed or has drafted bid specifications, requirements, a statement of work, an invitation for bids, and/or a request for proposals for a particular procurement. If formal advertising does not result in any acceptable bids, Grantee or subgrantee may negotiate with any available contractor, including the contractor who produced the bid requirements. Procurement shall be made by one of the following methods: (1) small purchase procedures; (2) competitive sealed bids (formal advertising); (3) competitive negotiation; (4) noncompetitive negotiation. Evidence of competitive negotiation for professional services and/or formal advertising must be forwarded to SHPO to evidence compliance with federal procurement requirements prior to disbursement of funds. 7. Project Supervision. Grantee agrees to ensure that work performed related to the Project conforms to Attachment A and B, to all appropriate guidance documents from the Idaho State Historic Preservation Office, and to the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation, located at httoalwww,cr.nps,govflocal-law/arch stnds 0.htm. CLG-2020-004 8. Interim Reports and Requests for Reimbursement. Grantee shall submit to SHPO interim fiscal and programmatic reports in compliance with the schedule set forth in the Idaho Certified Local Government Handbook. Reimbursement requests can be made for fede r3l funds at the completion of the Project. Fifteen days after the completion of the Project, 100% of the federal grant award must be requested. Grantee shall contact SHPO immediately in writing if any situation arises that will affect the timely or successful completion of this Project. 9. Indemnification. To the extent not prohibited by Idaho law, Grantee shall indemnify, defend and save harmless the State of :daho, SHPO, and the Idaho State Historical Society, its officers, agents and employees from and against ail liability, claims, damages, losses, expenses, actions and suits whatsoever, including injury or death of others or any employee of the contractor or subcontractor caused by or arising out of the negligent acts or omissions of Grantee in the performance, act or omission of any term of this Agreement. 10. Amendment. This Agreement shall not be amended without the parties' prior written agreement. Any major alteration. increases, or decreases in the Project or any changes to the Budget must be submitted in writing for review and approval to SHPO at least 30 days in advance of the proposed Project commencement date and in accordance with the requirements detailed in the Idaho Certified Local Government Grants Manual, available at: http;itbtQry,sdaho.govrsites/default/files/uploads/CLG Grant Manual 2018,pdf. SHPO will endeavor to respond to requests for review and approval in writing within 15 days of receipt. 11. Attachments. All attachments referenced herein and attached hereto are incorporated into the terms of this Agreement. 12. Termination. This Agreement may be terminated by either party upon fifteen (15) days prior written notice. Should this Agreement be terminated by SHPO, except for reasons of non-compliance by Grantee, SHPO will reimburse Grantee for up to 100% of the eligible costs incurred up to the termination date. Should this Agreement be terminated by Grantee, SHPO, at its sole and absolute discretion, may reimburse Grantee for up to 100% of the eligible costs incurred prior to the termination date, or may require Grantee to return any or all federal funds transferred to Grantee prior to the termination date, depending upon the circumstances of the termination. 13. Special Conditions. The Idaho State Historical Society reserves the right to include any additional special conditions on this agreement as outline below: -4- CLG-2020-004 a. The City of Eagle shall provide the Idaho State Historic Preservation Office a copy of an executed contract with a contractor for the development of the downtown Eagle Reconnaissance Survey Plan project prior to any work being done, said contractor meeting the Secretary of the Interior's Professional Qualificaton Standards: Federal Register Vol. 62, No. 119, p. 33719, 1997 (36 CFR part 61) in at least one (1) of the following fields: Architectural History; Historic Architecture; Historic Preservation; or History; b. All drafts of the survey plan shall be submitted to SHPO staff in Word format (no PDFs); C. The City of Eagle shall submit an in-progress draft of the survey plan to SHPO staff on or before 31 January 2021 for review and comment; and d. The City of Eagle shall submit a completed draft of the survey plan to SHPO staff on or before 31 May 2021 for final review. IDAHO STATE HISTORICAL SOCIETY: L2 00-a2-C, Janet Gallimor xecutive Director Date' Idaho State Historical Society Idaho State Historic Preservation Officer GRANT E: CITY OF_.EAGLE �\ i ()Id 8 lgooz o Name: jO30►N ��Q.-Cr Q. Date Title: t`Ao-k-t0< -5-