HomeMy WebLinkAboutMemorandum of Understanding with Idaho State Historical Society
CITY OF MERIDIAN
Planning & Zoning
Memo
Too Mayor de Weerd
From: Brad Hawkins-Clark . ~
Cel Walter Lindgren, HPC Chair, Stacy Kilchenmann, Finance
Date: February 8, 2005
ReI MOA with Idaho State Historical Society - Signature Requested
Mayor,
Enclosed are two copies of an MOA between the City of Meridian and the Idaho
State Historical Society relating to the $3,000 grant we are entitled to in FYOS. Your
signature is requested on three (3) different pages on each contract (as nagged).
This is a "reimbursable" grant and the funds will be paid to the city upon completion
of our two Historic Preservation Commission (HPC) projects this year and then
subsequently invoicing the state. The money is being passed through the state from
the federal government.
The two projects HPC plans to perform this fiscal year are the national register
nominations of two Old Town properties (the Emily Peeso contract signed in
January) and initial work on updating the survey of Meridian historic properties
(tentative). You'll see we still need to update the contract to reflect these two
projects, which Ann Swanson is assisting us with.
Both copies of the MOA will be returned to Ann Swanson at the SHPO office for
their signature(s) and the city will receive an original in return.
After you have reviewed the documents, please pass the originals on to the City
Clerk's Office to be placed on the February 15, 2005 CitY Council Consent Aaenda
for approval.
Thank you.
b
Our mission: to educate \:'\
through the ¡dentincatinn,
preservation, and interpretation /I
of Idaho's cultural heritage. December 2004
Dirk Kempthorne
Governor ofldaho
Steve Guerber
Executive Director
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TO: CLG Grants Coordinator
FROM: Ann Swanson, Grants Operations Specialists
RE: FYO5 Certified Local Government grant documents
~
Enclosed find two copies of the Memorandum of Agreement, Assurances,
and, in some cases, amendments to proposals for the FY05 Certified Local
Government grant to your community. Please have the appropriate government
official sign the documents and return them to me. I will have our State Historic
Preservation Officer (SHPO) sign and return a fully executed copy to you. For
those cornmunities where a government staff member does not administer the
grant, please ensure a copy is given to the city or county clerk for their files-
If an amendment to your grant proposal is enclosed, carefully review it
and respond to the request made. It is necessary that the final product is agreed
upon by the local government and the SHPO before the project begins. If you
have any questions, do not hesitate to contact me.
We look forward to working with each of you again. Do not hesitate to
contact our office if you feel we can be of assistance in any way. Our grant
manual is on-line at the Idaho State Historical Society web site
http://www.idahohistorv.net/c]ggranthandbook.pdf for further guidance.
The Idaho State Historical Society is an Equal Opportunity Employer.
Part A
Project Description
Complete a Project Description in the following format for each individual activity.
Activity:
,\.
PrOject Coordinator. INCLUDE RESUMES.
Name
Address
Address
Telephone and e-mail
Resumes
B.
Goals and Objectives (or research design, if the project is a survey).
C.
Final Products.
D.
Meets Secretary of Interior's Standards for:
E.
Timetable for Completion of Project and Submission of Reports. (Also include a
mid-project report of April 1 and a reporting date of September 10 if grant crosses
fiscal years.)
F.
Repository for Final Products.
G-
Slate Priority:
City/County Official's signature
Typed name, title
Date
20
Part B
Budget
Complete a budget in tbe following fonllat for each individual activity.
Activity:
Federal $
Personnel:
Name / # hours / $ rate
Contract/Consultant
Travel:
# miles @ $.37:
lodging:
meals:
Total
Supplies/materials:
Olilc'r expenses.
TOTAL
Identify non-federal match by:
a. Donor
b. Source
c. Kind
d. Amount
('11\ Counl" Oi'liclal's signature
2S
Match $
Date
RECEIV£D
SEP 3 0 2001
IDAHO HISTORICAL SOCIETY
September 30, 2004
Ann Swanson
Grants Operations Analyst
Idaho State Historical Society
210 Main St., Boise, TO 83702
(208) 334-3861 ext. 104 voice
Dear Ann-
The purpose of this letter is to request from the State Historic Preservation Office federal Historic
Preservation Funds for an amount totaling $3,000. As you may be aware, the City of Meridian
has funded the Historic Preservation Commission with $7,000 for the fiscal year of 2005. For
FY2005, the Commission has identified financing needs for five primary goals. They are as
follows:
a.
$10,000 for an updated site survey to identify suitable structures to be included in the
Historical Preservation Register per the City of Meridian Comprehensive Plan.
b.
$1,000 for training to network with peers and learn how to connect with other
preservation commissions and committees for Meridian Historical Preservation
Committee members
c.
$4,000 from the City of Meridian to pay registration fees for two stmctures identified as
candidates to be listed on the Historical Preservation register at a cost of $2,000 per
structure. $4,000 in matching funds from the City of Meridian matched by an equal
amount from the State Historical Preservation Committee's 2005 budget to pay
registration fees for two stmctures to be identified as candidates to be listed on the
Historical Preservation register at a cost of $2,000 per stmcture,
d.
$200 to join preservation organizations such as Preservation Idaho, Idaho State Historical
Society, National Trust for Historic Preservation and the National Alliance of
Preservation Commissions
e.
$5,500 to pay for consultant services for the purpose of data entry, scanning photos, etc.
We appreciate, in advance, your consideration of federal funding for the City of Meridian
Historic Preservation Commission.
Sincerely,
Walter Lindgren, Chair
City of Meridian Historic Preservation Commission
AMENDMENT TO MEMORANDUM OF AGREEMENT
This is to amend the agreement between the City of Meridian and the Idaho State Historical
Society dated October 1, 2004 covering the grant under the Certified Local Government Program.
By February l, 2005, the City will submit to the Idaho State Historical Society
a. A revised budget reflecting the federal award of$3,000. IdentifY match amount, donor, source,
and kind.
b. A detailed description of the activities to be completed. Review the Certified Local
Government Grants Handbook at www.idahohistorv.net
Ken Reid, Ph. D., Deputy
State Historic Preservation Officer
Date
MEMORANDUM OF AGREEMENT
THIS AGREEMENT between the Idaho State Historic Preservation Office, Idaho State
Historical Society, by and through the State Historic Preservation Officer, and the City of
Meridian hereinafter called the grantee, relates to a survey and planning project to be undertaken
by the grantee, assisted with a matching grant-in-aid to support the National Register of Historic
Places program,in Idaho. The 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.
The State Historical Society and the grantee agree as follows:
1.
Application (Project Description and Budget)
The grantee shall carry out project work as specified in the Application and other
attachments, which are hereby incorporated into and made part of this Memorandum of
Agreement as Attachment A. The grantee shall carry out project work in accordance with
the project "Budget," which is attached and hereby incorporated into and made part of
this Memorandum of Agreement as Attachment B. Both parties agree that all funds used
by the Idaho State Historical Society for this project shall be federal funds tYom the
Historic Preservation Fund. No state funds are available to satisfy the terms of this
agreement. Any major alteration, increases, or decreases in the Project Description or
anv changes in the Budget must be submitted in writing for review and approval to the
State Historic Preservation Office at least 30 days in advance of the proposed effective
date and in accordance with the requirements detailed in the project manual which is
attached and hereby incorporated into and made part of this Memorandum of Agreement.
The State Historic Preservation Office will respond in writing within 15 days.
Final products will be reviewed and evaluated in accordance with the Secretary of the
Interior's Standards for Archaeology and Historic Preservation and the approved
"Application." Products that do not meet these standards will be rejected and obligation
for products established in the "Work Program" will be considered unfulfilled.
2.
Period of Performance
All work carried out as part ofthis grant-assisted project shall be conducted between
_October 1,2004- and the project completion date of _August 30, 2005- butuot
until the grantee has received a signed Memorandum of Agreement. Any changes in the
period ofperformance for this project must be approved in writing by the State Historic
Preservation Office at least 30 days prior to the project completion date.
A draft of any publication prepared as part of this project shall be submitted at least 30
days before the proj ect completion date for review and approval by the State Historic
Preservation Office. 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".
J.
Compensation
Compensation to the grantee shall be on a matching basis as outlined in the "Budget",
subject to receipt of funds from the National Park Service and to successful completion of
all project work activities. The State Historic Preservation Office agrees to pay the
grantee up to $_3,000- federal funds when received by the Society according to the
Certified Local Government allocation system as outlined in the Certified Local
Government Program. The grantee agrees to contribute donated services for a minimum
total of $_3,00°- or 50% of eligible costs, whichever is less.
Payment will be made on the following schedule: The grantee may bill the State Historic
Preservation Office after the completion and acceptance by the Society of each completed
activity and federal and non-federal share supporting fiscal documentation. The Idaho
State Historical Society will reimburse the federal share to the grantee upon the receipt of
three copies of the reimbursement request if all completion materials and auditable
records are approved. All reimbursements will be made for cash expenditures only.
Reimbursement will be made when Historic Preservation Funds become available to the
Idaho State Historical Society.
Final billing must also include a comparison of completed activities and budget to those
in the approved application.
The 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 three years after
completion of the project
4.
Allowable Costs
Allowable costs are those costs that are documented to the satisfaction of the Stat~.
Historic Preservation Office, that conform to the approved budget, and that are
determined by the Historic Preservation Office to:
a. meet federal requirements for the program;
b.
be necessary and reasonable for the completion of proj ect work;
c.
have been incurred for project work during the period of the grant; and
d.
meet the obligations outlined in the "Application".
[f the application is tòr acquisition or development of a National Register listed property:
a. a Preservation Agreement or Covenant will be executed prior to our concurrent with
5.
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 ofNPS-49.
b. a project sign acknowledging National Park Service assistance will be erected at the
project site during the project's term or a copy of a written National Park Service waiver
of this requirement
c. for a development project, the architectural plans and specifications must be approved
by the Society 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
ofNPS-49 will be obtained prior to the acquisition ofreal property,
e. a statement of Just Compensation will be obtained from the seller of the property prior
to the acquisition of real property with National Park Service grant assistance or matching
share.
Procurement of Personnel and Services
The grantee agrees to comply with Office of Management and Budget Circular A- 102
when soliciting supplies, equipment and other 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 OMB Circular A-I 02. 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 teclmical requirements for the
material, product, or service to be procured. Such description shall not, in
competitive procurements, contain features which unduly restrict competition.
The description may include a statement of the qualitative nature ofthe rn,aterial,
product, or service to be procured, and when necessary shall set forth those
minimum essential characteristics and standards to which it must conform if it is
to satisfy its intended use. Detailed product specifications should be avoided if at
all possible. When it is impractical or uneconomical to make a clear and accurate
description of the technical requirements, 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 met by
offerors shall be clearly stated.
b,
Clearly set forth all requirements which offerors must fulfill and all other factors
to be used in evaluating bids or proposals, such as a deadline for completion of
project work.
c.
é:ontract 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. Only after formal advertising has not resulted in any acceptable
bids may the grantee or sub grantee negotiate with any available contractor,
including the contractor who produced the bid requirements.
Procurement shall be made by one of the following methods: (I) 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 the Historic Preservation Office to evidence compliance with
federal procurement requirements prior to disbursement of funds.
6.
Project Supervision
The grantee agrees to ensure that work performed by any project participant confonns to
the Application and project schedule and is executed to the professional and scholarly
standards required by the Historic Preservation Office.
7.
Interim Reports and Requests for Reimbursement
The grantee will be required to submit interim fiscal and programmatic reports in
compliance with those dates set forth in the Application. Fiscal and programmatic
reports are also required on September 10, ifthe grant crosses the federal fiscal year.
Reimbursement requests can be made for federal funds at the completion of the project.
Fifteen days after the completion of the project, 100% of the federal grant award must be
requested. The grantee shall contact the Historic Preservation Office immediately in
writing if any situation should arise that will affect the timely or successful completion of
this project.
The grantee shall indemnify, defend and save hannless the State ofIdaho, and the
Department, its 'officers, agents and employees from and against all liability, claims, damages,
losses, expenses, actions and suits whatsoever, including injury or death of others or any
employee ofthe contractor or subcontractor caused by or arising out of perf om lance, act or
omission of any teml of this contract.
[¡'IIS AG REEM ENT may be tell11Ínated short of conclusion upon 15 days written notice from
clther the State Historic Preservation Office or the grantee. Should this agreement be temlinated
by the State Historic Preservation Officer, except for reasons of non-compliance by the grantee,
the Historic Preservation Office will reimburse the grantee for up to 100% ofthe eligible costs
incurred up to the termination date. Should this agreement be terminated by the grantee, the
State Historic Preservation Office, at the discretion of the State Historic Preservation Officer,
may reimburse the grantee for up to 100% of the eligible costs incurred to the termination date or
may require the grantee to return any or all federal funds transferred to the grantee by the
terminating date, depending upon the circumstances ofthe termination.
rH E PART! ES hereto mutually agree to perf 01111 this agreement in accordance with this
agreement and its attachments. This agreement becomes effective upon signature by the parties
below.
Ken Reid, Ph. D., Deputy
State Historic Preservation Officer
Date
5.
ASSURANCES
The Participant'hereby assures and certifies that it will comply with the regulations, policies,
guidelines and requirements, including OMB Circulars (A-21, A-87, A-l02, A-I 10, A-122,
A-128, A-B3) and the National Register Programs GLùdelines (49) as they relate to the
application, acceptance and use offederal funds for this federally-assisted project Also the
Participant assures and certifies to the grantor that:
1.
It possesses legal authority to apply for the grant (and, as applicable, to finance and
construct the proposed facilities); that a resolution, motion, or similar action has been
duly adopted or passed as an official act of the Participant's goveming body, authorizing
the filing of the application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official representative
of the Participant to act in connection with the application and to provide such additional
information as may be required. It has the institutional, managerial and financial
capability (including funds sufficient to pay the non-federal share of project costs) to
ensure proper planning, management and completion of the project described in this
application.
2.
It will establish safeguards to prohibit employees from using their positions for a purpose
that is, or gives the appearance of, personal or organizational conflict of interest,
motivatèd by a desire for private gain for themselves or others, particularly those with
whom they have family, business, or other ties.
3.
It will assist the federal grantor agency in its compliance with Section 106 of the National
Historic Preservation Act of1966 as amended (16 USC 470), Executive Order 11593,
and the Archaeological and Historic Preservation Act of 1974 (16 USC 469a-l et seq.) by
(a) consulting with the State Historic Preservation Officer on the conduct of
investigations, as necessary, to identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to adverse effects (see 36 CPR Part
800.8) by the activity, or notifying the federal grantor agency of the existence of any such
properties, and by (b) complying with all requirements established by the federaI.grantor
agency to avoid or mitigate adverse effects upon such properties,
4.
It will give the awarding agency, the Comptroller General ofthe United States, aJ'Id if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted accounting standards
or agency directives.
It will c~mply with all federal statutes relating to nondiscrimination. These include but
are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which
prohibits discrimination on the basis of race; color or national origin; (b) Title IX of the
Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 V.S.C. § 794), which prohibits discrimination on the basis
of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 US.c. §§ 6101-
6107), which prohibits discrimination on the basis of age; (e) the Dmg Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the
basis of dmg abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the
Public Health Service Act of 1912 (42 U.S.c. 290 dd-3 and 290 ee-3), as anlended,
relating to confidentiality of alcohol and dmg abuse patient records; (h) Title VIII of the
Civil Rights Act of1968 (42 US.c. § 3601 et seq.), as amended, relating to non-
discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for federal assistance is being
made; ajId (j) the requirements of any other nondiscrimination statute(s) which may apply
to the application.
DI-1350 The Participant/Applicant certifies that, as a condition to receiving any federal
financial assistance from the Department of the Interior, it will comply with all federal
laws relating to nondiscrimination. These laws include but are not limited to: (a) Title VI
of Civil Rights Act of 1964 (42 US.c. 2000d-I), which prohibits discrimination on the
basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c)
the Age Discrimination Act of 1975, as amended (42 U.S.c. 6101 et seq.); which
prohibits discrimination on the basis of age; and applicable regulatory requirements to the
end that no person in the United States shall, on the grounds of race, color, national
origin, handicap or age, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity conducted by the
applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will
immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operation including those
parts that have not received or benefitted ftom federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of federal
financial assistance extended to the Applicant by the Department, this assurance shall
obligate the Applicant, or in the case of any transfer of such property, any transferee, for
the period during which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving the provision
of similar services or benefits. If any personal property is so provided, this assurance
shall obligate the Applicant for the period during which it retains ownership or possession
of the property. In all other cases, this assurance shall obligate the Applicant for the
period during which the federal financial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any
and all federal grants, loans, contracts, property, discounts or other federal financial
assistance extended after the date hereof to the Applicant by the Department, inclnding
installment payments after such date on account of applicants for federal financial
assistance which were approved before such date.
The Applicant recognizes and agrees that such federal financial assistance will be
extended in reliance on the representations and agreements made in this assurance, and
that the United States shall have the right to seek judicial enforcement ofthis assurance.
This assurance is binding on the Applicant; its successors, transferees, assignees, and
subrecipients and the person whose signature appears below who is authorized to sign
Ih is assurance on behalf of the Applicant.
().
It will cause work on the project to be commenced within a reasonable time after receipt
of notification from the approving federal agency that funds have been approved and that
the project will be prosecuted to completion with reasonable diligence.
7.
18 USC 1913. No part of the money appropriated by any enactment of Congress shall, in
the absence of express authorization by Congress, will be used directly or indirectly to
pay for any personal service, advertisement, telegram, telephone, letter, printed or written
matter, or other device, intended or designed 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 of its departments or agencies from communicating to Members of Congress on
the request of any Member of Congress, through the proper official channels, requests for
legislation or appropriations which they deem necessary for the efficient conduct of the
public business.
Whoever, being an officer or employee of the United States or of any department or
agency thereof, violates or attempts to violate this section, shall be fined not more than
$500 or imprisoned not more than one year, or both; and after notice and hearing by the
superior officer vested with the power of removing him, shall be removed from office or
employment (June 25,1948, ch. 645, 62 Stat. 792.)
8,
It will ensure all activities will comply with the Department of the Interior Standards for
Preservation Planning, Identification, Evaluation, Registration, Historical Documentation,
Architectural and Engineering, Archaeological Documentation, Treatment for Historic
Preservation Projects, and Professional Qualifications.
9.
Dr 1953. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion. Lower Tier Cover Transactions.
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 43 CFR Part 12, Section 12.5.10, Participants'
responsibilities. The regulations Were published as Part VII of the May 26, 1988 Federal
Register (pages 19160-19211). Copies of the regulations are included in the proposal
14.
15.
16.
package. For further assistance in obtaining a copy of the regulations, contact the U.S.
Department of the Interior, Acquisition and Assistance Division, Office of Acquisition
and Property Management, 18th and C Streets, N.W., Washington, D.c. 20240.
(1)
The prospective lower tier participant certifies, by submission of this proposal,
that neither it nor its principals is presently debaITed, suspended, proposed for
debannent, declared ineligible, or voluntarily excluded ITom participation in this
transaction by any federal department or agency.
(2)
Where the prospective lower tier participant is unable to certify to any ofthe
statements in this certification, such prospective participant shall attach an
explanation to this proposal.
10.
It will cause to be performed the required financial and compliance audits in accordance
with the, single Audit Act of 1984.
II.
It will comply with all applicable requirements of all other federal laws, executive orders,
regulations and policies governing this program.
]2.
It will comply, or has already complied, with the requirements of Titles II and III of the
Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L
9l -646) which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result offederal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes
regardless of federal participation in purchases.
13.
It will comply, if applicable, with flood insurance purchase requirements of Section
102(a) of the Flood Disaster Protection Act of 1973 (p.L 93-234) which requires
recipients in a special flood hazard area to participate in the program and to purchase
flood insurance ifthe total cost of insurable construction and acquisition is $10,000 or
more.
It will comply with the provisions of: Executive Order 11296, relating to evaluation of
flood ha,zards, and Executive Order 11288, relating to the prevention, control, and
abatement of water pollution.
It will operate and maintain the facility in accordance with the minimum standards as
may be required or prescribed by the applicable federal, State, or local agencies for the
maintenance and operation of such facilities.
It will not dispose of, modify the use of, or change the terms ofthe real property title, or
other interest in the site and facilities without permission and instmctions from the
awarding agency. Will record the federal interest in the title of real property in
accordance with awarding agency directives and will include a covenant in the title of
real property acquired in whole or in part with federal assistance funds to assure
20.
21.
22
23.
24.
nondiscrimination during the useful life of the project.
17.
It will require the facility to be designed to comply with the "American Standard
Specifications for Making Buildings and Facilities Accessible to, and Usable by, the
Physically Handicapped," Number AI17.1-1961, as modified (41 CFR 101.17.703). The
Participant will be responsible for conducting inspections to ensure compliance with
these specifications by the contractor.
18.
It will obtain approval by the appropriate federal agency of the final working drawings
and specifications before the project is advertised or placed on the market for bidding;
that it wiJI construct the project, or cause it to be constructed, to final completion in
accordance with the application and approved plans and specifications; that it will submit
to the appropri ate federal agency for prior approval changes that alter the costs of the
project, use ot' space, or functional layout; that it will not enter into a construction
contract(s) for the project or undertake other activities until the conditions of the
construction grant program(s) have been met.
19.
It will provide and maintain competent and adequate engineering supervision and
inspection at the construction site to ensure that the complete work confornls with the
approved plans and specifications and will furnish progress reports and such other
information as may be required by the assistance awarding agency or State.
It will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801
et seq.) which prohibits the use oflead based paint in construction or rehabilitation of
residential structures.
It will comply with the minimum wage and maximum hours provisions of the federal Fair
Labor Standards Act, as they apply to hospital and educational institution employees of
State and local governments.
In accordance with E.O. 11755, it will ensure no person undergoing a sentence of
illl lrisonillent at hard labor shall be employed on a Historic Preservation Fund assisted
~rant work. Labor perfol111ed by state prisoners who are on work release, parole, or
probation does not fall under this prohibition.
It will comply with the Intergovernmental Personnel Act of 1970 (42 US.c. §§ 4728-
4763) relating to prescribed standards for merit systems for programs funded under one
of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a
Merit System of Personnel Administration (5 c.F,R. 900, Subpart F).
It will comply, as applicable, with the provisions ofthe Davis-Bacon Act (40 U,S.c. §§
276a to 276a-7), the Copeland Act (40 U.S.c. § 276c and 18 U.S.C. §§ 874), and the
Contract Work Hours and Safety Standards Act (40 US.C. §§ 327-333), regarding labor
standards for federally assisted construction subagreements.
27.
28.
29.
30.
31.
32.
25.
It will comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection ofwetlands
pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with
EO 1 ¡ 988; (e) assurance of project consistency with the approved State management
program developed under the Coastal Zone Management Act of1972 (16 US.C. §§ 1451
et. seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as amended (42 US.C. § 7401 et
seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P.L 93-523); and (h) protection of endangered species
under the Endangered Species Act of 1973, as amended, (p.L 93-205).
26.
Environmental Certification: Based upon a review of the application, proposal narrative,
and the supporting documentation contained in the application, it has been determined
that the proposed HPF project described in this notification meets the criteria for
categorical exclusion listed in the National Register Program Manual NPS 49, Chapter
II, pagé 2, 4a, numbers 1,3,6,7, and 11.
It will comply with the Wild and Scenic Rivers Act of 1968 (16 D.S.c. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
It will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
It will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 D.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm
blooded animals held for research, teaching, or other activities supported by this award of
assistance.
It will indemnify, defend and save harmless the State ofIdaho, and the Idal10 Stat~
Historical Society, its officers, agents and employees from and against all 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 {Jut of
perform¡mce, act or omission of any term of this contract.
In accordance with National Park Service requirements, it agrees that repayment will be
made if terms and conditions of this agreement are not followed or if costs claimed are
disallowed following audit.
It agrees that this project will comply with all of the above assurances that the State
Historic Preservation Office must provide to the Department ofthe Interior. The
Participant acknowledges and agrees to perfOlID under this agreement as an independent
contractor and not as an employee of the State ofIdaho, and as such is solely responsible
for his or her acts or that of his or her employees, servants, agents, or assigns in carrying
out the obligations hereof. The Participant further agrees that he or she is solely
responsible for all taxes (federal, state, or local) including unemployment, social security,
or payroll taxes to which activities under this agreement may be subject