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Resolution 002-1979RESOLUTION NO. 2 -1979 A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE DIVISION OF ARCHIVES, HISTORY AND RECORDS MANAGEMENT, DEPARTMENT OF STATE OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMIS- SIONERS.'OF MONROE COUNTY, FLORIDA, RELATIVE TO THE EAST MARTELLO TOWER STABILIZATION, PHASE II PROJECT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman be authorized to execute an Agreement by and between the Division of Archives, History and Records Management, Department of State of the State of Florida, and the Board of County Commissioners of Monroe County, Florida, a copy of same being attached hereto, relative to the East Martello Tower Stabilization, Phase II Project. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 3rd day of January, 1979. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By _X Mayor -'and Chairman (Seal) Attest: Clerk I HEREBY CERTIFY that this document has been reviewed for legal suffi- ciency and that. the same meets with my approval. By /; ' 2 Attorney's Office APP.ROvF-C) 800K Y Historic Preservation Grant Award A G R E E M E N T This AGREEMENT drawn at Tallahassee, Florida, on the 3rd day of January , 1979, by and between the Division of Archives, History and Records P4anagement, Department of State of the State of Florida, hereinafter referred to as the Division, and the Board of County Commissioners of Monroe County, Florida, hereinafter referred to as the County, relative to the East Martello Tower Stabilization, Phase II Project, hereinafter referred to as the Project. WHEREAS, the Division is responsible for the administration of federal grant-in-aid assistance for historic preservation purposes under the provisions of the National Historic Preser-' vation Act of 1966, Public Law 89-665, as amended, and Florida Statutes 267.061(2)(b); and WHEREAS, the County has applied for federal grant-in- aid assistance for the Project, and WI-IEREAS, the said application has been reviewed and approved in accordance with current regulations, and WHEREAS, federal grant-in-aid funds in the amount of twenty thousand dollars ($20,000.00) have been reserved. for the Project by the Division; WITNESSETH, that in consideration of the mutual covenants herein contained, the Division and the County hereby agree as follows: I. The Division agrees to reimburse the County from available funds, for one-half of the cost of allowable project work as defined below, up to a maximum reim- bursement of twenty thousand dollars ($20,000.00). A. Allowable project work may include: 1. Removal of vegetation, debris, and deteriorated roof material from citadel roof and parapets, 2. Replacement of reinforced concrete citadel roof slab and parapet caps, LOW -2- 3. Repair and repointing of bricks and masonry roof superstructures, 4. Installation of submersible pump in cistern and drain line to exterior of structure, S. Continued repair and repointing of exterior case- ment and counterscarp walls, and 6. Consultants fees related to planning and execu- tion of project work. The Division shall review and comment on all proposed changes to the project work, and will confer with the County and its professional consultants as necessary throughout the course of the Project, to assure compliance with the objectives, requirements and limitation.s of the state and federal historic preservation programs. C. The Division may make reimbursement of project costs in one payment upon final. completion of the project work, or in incremental payments upon completion of substantial components of the project work, but no reimbursement will be made except on written request by the County supported by valid documentation of expenditures as described in Section II, D below, and the total in incremental payments prior to final completion of the project work shall not exceed sixteen thousand dollars ($16,000.00) or eighty per cent of the maxi- mum reimbursement for the Project. II. The County agrees to administer'the Project in accordance with the applicable provision of Policies and Procedures for Historic Preservation Grants -in -Aid, attached hereto as Exhibit "A", and the following specific conditions: A. The County agrees to complete the Project within a period not to exceed twenty-two (22) months from the effective date of this agreement. -3- B. The County or its consultants shall submit copies of all proposed changes to the allowable project work for review and comment by the Division prior to authorizing any such changes. C. The County shall coordinate consultation between its professional consultants and appropriate Division staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the state and federal historic preservation programs. D. The County shall, upon completion of the project. workor substantial components thereof, submit a written request for reimbursement for allowable project work as defined above, up to a maximum reimbursement of twenty thousand dollars ($20,000). Such request(s) for reimbursement shall be supporter by the following documentation: 1. copies of all applicable contracts for the project work for which reimbursement is re- quested, unless such contracts have been previously submitted; 2. copies of any research reports, preliminary drawings, design recommendations, master plan, or design plans and specifications produced as a result of the project work for which reimbursement is requested, unless such documents have been submitted previously for review and comment; 3. copies of all vendor's invoices'or statements pertaining to the project work for which reimbursement is requested; and -4- 4. copies of cancelled checks, or other evidence of expenditures acceptable to the Division, for which reimbursement is requested. III. No change or addition to this Agreement shall be effective unless in writing and properly executed by the parties. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the day and year first written above. DON SG ESS R ROBERT WILLIAMS, DIRECTOR Mayor, Chairman Division of Archives, Monroe County Board of History and Records County Commissioners Management Key West, Florida Department of State State of Florida Tallahassee, Florida WITNESSES AS TO ROBERT WILLIAMS: WITNESSES AS TO DON CHLO SER: Ral{h/W, White Clerk to the Board of Monroe County Commissioners J1rf .OV,=D AS TO 1` `1-:i:1 P•ND I [-G' 'LIlY vfiice the Genaral counsel App6n(lix A POLICIES A;D PRCCEIDURFS, FOR HISTORIC PRESLIRVATION G,r',A:,`,'S-IN-AlD St -ate of Florida Department of State Nan iron tilt' 7 3 1 OC t tl�� j_C rrr j. n - A i e s any' L the !:ntienal i: k S r Ic p- 6 PRLFACE The purpose of this handbook is to acquaint prospective applicants for historic preservation grants with tie bl-tsic- policies and procedures governing the grants program adminis- tered by the Division of Archives, History and Rec)rds Manage- ment. The information presented herd includes the guidelines for the administration of the federal historic pre,;ervatic:n program established by the historic Preservation Act or 1966, and has been extracted, in part, from the 1973 edition of Historic Preservation Grants -in -Aid Policies and Pr.ocedurc:s, published b.y the National Park Service. Since the stage 1-r_ociram is designed and i.ntendod to parallel and suhplemonf:. tlh(' f( dc.ral program, this information also appli(-!s to the program of state assistance established by the Florida Legislature !..ender. Chapter 267, Section 267.0615, Florida Statutes, in the 1973 sossion. The material has been arranged i:o provide a O iscu-;sir.n of the alternative meLhods of achieving the preservat ion of -.-arious types of historic sites, and the specific conditions and limitations under which assistance under the feder-il any? Late program may be utilized. Further information and -issi:strji•cc can be obtained by conLactiny the 11i:;L-oric llreser%. ition cLion, Division of Archives, History and Records Managemc•Zt, Dee-rtrlent of State, The Capitol, Tallahassee, r'lor.ida, 32304. M TREATMENT OF III:` 01'TC SITE' 7\11D I'ROVIVRTT':f, Federal grant assistance undue the National Pirk Service program for historic preservation is available onl . for s:i tes that are listed on the National JZegi :ter of f1i to1-:r Plac State grant assistance may be extended for sites brat are not currently ].fisted on the National Register, but do r^eet the criteria for such listing and are included in the ^tat^ Historic Sites Survey. In either case, the s.ignificaric:e of the sit.e and the nature of the historic values to be preserved -ire ther.efc_)re already on record. The f i. rst duer— i onr to f-)c, in p i rain i nrl i-car preservation are: 1. What is the roost appropriate treatment needed to preserve the values:, involved? 2. What use of the site iai ll runs t of fectivel ., der►on,- trate those values and continue their prr-`se rvat _on? The questions are, of course, interrelated. "heir su.,lution - involves the consideration of a number of variable factor,.. The philosophy of the National Park Servi.cc and the Ri vision of Archives, 1listory and Ro'cord3 M nacle!:ic'nt is i.n t he following policy statements. General In the preservation and use o<f_ historic resrmircrs, man- made features introduced after the data or per.io{1 of tho resource's primary. significance 'tiiLit are compatible wit]-, the historic scene may be retained, except where they har.-pe,- understanding of the significance of the prope.rt,*.•. 'Iric(.nyruous intrusions should not be retained. Natural accretions of time, such as forest :row1h, ­iay he retained except where they hamper understandinq. Supporf.ing elemcnLs of Lhe historic scene may be restored L-_) Lli(.. e:':Lent necessary for public appreciation. Such element; may:• include man-made features, vegetative growth, and historic land uses. Types of Treatment Historic resources are accorded a variety o treat!- nts, depending on their significance and noods. 1. Stabilization. This is the process of applying rea�.u,res designed to sustain the form and rxteni. of au) hi.:.i:o1 is resource essentially as it presently stands. St,:,biliza- tion aims at Halting further deterioration acid c,:hai),,-ing safety. It does not contempla':.e rnbulldinq - r .rl­cr­ating lost historic features. Stabilization inclu 'es: a. techniques to arrest or slow deteriorati-i-i of a :3ite, building, structure, or object; b. improvements in physical c-nditions to m-1,ce the property sale, habiLahle, or othurw;.se useful. 2. Restoration. This is the process of accurat ly recc, ✓ering the form and details of all or part- of I -An hi :Lori c .r.source and its setting as. they appeared nz sonic rni;,t i�-, h'i'3tory. Restoration includes: a. full restoration (exterior and interior, in 1.he case of historic buildings); b. partial restoration (adopted only when p:,.rts of in historic resource contribul:e si(ini.ficant i.y to ai~ appre-. ciation of history). 3. Reconstruction. This is thu process of accu!:aLe.l.y repro- ducing, from documented research and by new c•onst-.ru(.,tion, all or parts of the form and di::,tails of a va:lish.:.d ':istoric resource as it appeared at some point in hisl.ory. -2- 1 . � 'Selecting TIthe Aj�projpri..ate `T;r.catmen'- 1.' Stabilization. Of the three types of treatm nts ou+.-lined above, stabilization should be the first pos'7ibi_.l it•, con•-- sidered. A guiding factor shol_?ld be whether_ the re!;ource will best be preserved by retaining it essen+-iall y in its present condition. Stabilization should be ;(?lec-te(i when: a. it is clearly the most desirable arid api),:opr, i atr tre;iL-- ment. This would be the cTse when the property pos- r;l.':;. . IIi:;Li.rr.i.c int..c (�rity ,r�Td <]or:� no- r. ration or reconstruction; r.,hen the property has been restored or reconstructed previously and the prr.sent objective is simply to rct•!in the re,:.u1L ; of pr i or work; when, in the opinion of profession,l.ls, st,-biliza- tion would be the r;ost uvo,:ative and mea.!iin(3l.ul way to convey historic significance or ambience; whr n funding limitations preclude exten:,;ive restoration or rr- construc- tion; or when the sign:ific.-,nce and inter:.�.ret_i-ve value of the property would not }llr;tif.y greatn- oxpnn Ii.tUr''s; and/or b. sufficient data does not e::ist to permit acc-:iral re:;to- ration; and/or C. restoration is required but must be post :�one(f. 2. Restoration. Rostor.nttnn is tl,e al�l_�rol�ri.,lt.( tro rtm rlt L-I11^n stabilization will not suffice to convey his .or.i- v ..l_ucs or pruvunL .loss throuyll duLeriorat-ion. Bot1T 1:u I 1 a•,,d -arLial. restorations must he_ authentic and pi-c_f7,c-rvod thn,-eal ter- i.n form and detail. The grantee :hall insure L :--it '.he property is maintained, repaired, and administered so tha': t'Te results of restoration are retained. Fully rnstor.ed oropert i.es; ordinarily should be used for -. XE.ibition pu> . _use:; o ;l.y: 7'0 merit: the aLtent.ion and empens- of r.(:,: t_or.,.Tt.i. n, .rn !i.sto.ri.c property should have outstanding signi_ficanc or he a vital el(-,nlurrt of a site, complex, or district of importance. 3. RucollSt.rucLioil. PucuiTst.rucLio:i should be ,�,d oily when all of the fOl.lol:,ind conditions provili l : a. .T11 or alTllost. all Ili.-t-(- -:i.c evi.cir.•iicr� ITcr:, i-:;cI h.: rc cl, line] re-creation is vital to pui)].i.c un r,r:,tnr 'inq of a f icant phase or event in tl i s to.ry; b. h.i_stori.cal, archeological, and/or archi.t ctu -al dal:a exist to permit an accurat,., rcconst.ructi .in; C. the reconstruction is acco!::plished on ti--• orl.ni-al site. An (.2xcct)Lioll Tnay lac made if' Lhe propo:.;et rec is within an hiStOl7ic di..�:t.rict or ar.na, r,i.l]. c(-,r�tribut:e greatly to an tin derstandincT of the area, will 1:— in an a)pre-pr.iatc :;(_rtt.inci, and Wien coiq-)relien:: I v(- ,,. - ir(:11 cannot determine the preci :e original. lr(-:-lti')n . -3- The grantee shill t.l'rat_ appropr_La! nic are taken to p.reclud0 puhIi.c in ^i.nterpretati.-,;in o{ a re- construct -ion as original fabric,. Proposed r :con:-tr,!ction projects shall be: fully justified in writing pric_-r_ l.o project approval. As a general rule, reconstruction should have .1 low priority in competition with projects design d t(• pr��ser�re historic resources that remain visually evid�nt. Current limitations on appr.or)ri;ati.ons For historic pi—F; i-vai ion grant assistance further under:,core this pos.fiion. Adaptive Use An historic property is improved or restore' for ac.laptive use when all or a portion (facade, for example) � r the ( ,xter.ior is restored, with interior adapted to a contemporary fur-.ctional use. Adaptive restoration is the appropriate tr,atm(_nt .for structures that are visually important in the hi.,itor c :scene but do not otherwise qualify for exhibition purposes. In s,ch cases, the facade or so much of the exterior as necessary, :-hould be authentically rostnred to <achiove I ho 1)ur1,o,­ so i_hrat it will. be properly understood from the public v':_ow. T' in- terior, in these circumstances, is usually conve ted to a con -- temporary use. The restored por. tinn of the e-xte r- i.�r sh---ulcl he faithfully preserved in its restored form and de'.ail. The Division of Archives, History and Recor:l.-, P,,na •�mcnt recognizes adaptive use of historic- properties a a !:se'.ul rtoans of pr_esorv,it.ion. i.'Ia� pre: ��rvai�.iii.!.y of archi.L(,c' ura! ele_rncn!.s of an historic property is a matte- of professio gal -',ud !Cmc•nt. Such evaluations should be made by pui::sons coiiipe'_1�nt, L"rou.gh training and experience, in the fil-lds of -ar.chit <�ture nd architectural history. Preservabil.ity is a matt r o degree insofar as not all structures or si.tcs are of ec.] ial al.! 'rile following criteria shall be applie-1 whon a grant c: ,n_, ; dens using an historic property for con!-elllp orary pure :ses: 1. Those attributes for which the property was ,1.ac d -)n the National Register or the State historic Sil-e ; Su -ve•,, are the ultimate consideration when restoration : ,r_ ii .pr ,venient is to occur, and any change du., to moderniza'-_ion sh-111 be consistent with the retention Of thocse value ;. 2. The integrity of a property, a:. evidenced in its existing or.ig-final fabric, plracc a rostr:ii_nt on ad,_ipta'_i.on. "odifi.c:a- tions shall be in harmony with, Find preserve the in'.:egrity of, the extant features to the maximum exten'_ po:�si. ,le. 3. Since the ul.t.imate goal of a preservation. un�lert.iki­q is to save significant historic and cultural value :, it_ i.._, imperative that valued elemonts shall not be destroyed in Vie :,rocess. _4.- This applies to tho inLorior a:' wol..l. -1, to t':c, to i.or of a structure being restored or irlproved for a c:ontein. orary function. 4. Basic utilities and safety nlea::ores are exam -.les of: aew construct ion considere(I al lowal ,le c xp1 ,nd i. tur- i. tc nl3 for grant assistance. Miscellancous 1. Movinq Historic Structures Historic structures should be preserved on their original sites except when relocation is the only rea:,onal:le preserva- tion option. In the event that an historic ,true tur .f.or which grant assistance is contc:,mplated must he rr.located to prevent its loss or serious iml ,airment, the iprojc-ct sponsor shall provide the Division of ,'•rchives, History rind records Management with advance notifi,:.-ation of reloi-atien. The noti- f i,cllti.oll 111LML h1cludc` di1Li1 his;orlc'al 'Jaluc's of the proposed new location a .d provide evi.ttencr- teat the new site does not possess hi.stc,rical signfic :lice t.r�lnsccnding that of thr structure :itself that would he allverr.el- affoc•ted by intrusion of the structure. If: grant assistanco is : oiiq':lt. fo.r. r(-1.oc. -t_ioi c.an historic structure, the review of the app.li_c.,tior, w. 11 in- clude an cvaluaLion of the daL i de,c:rihod ab' vu 1_0 ss(:-ss the impact of the proposed rrl-•cation. Coll-ctir,n of impact assessment daL-a is an allowablr� r(2sea ch xpnditure under a project agreemcrit. However, reyardless sought for the relocation submitted to the Division tlanayemcn t for revi`-,i and tion may tale place. 2. Buildinq and lire Code:.i of whether. graiiL as i_st._.nc,. is of a•iy ,tr.uctur-,, he 6at.r muSL be of Archive's, Histor"j ar.d i'.ecords ackn-.-wl(2dgemc_nL be ore th- reloca-• In preserving historic properties, ever-- of i or'_. shall. be made to comply wi th local b!!i.ld:i.riq grid f:i • c''dc and to cooperate with local offici,rls. I;owcW,r, com•,li,)nce .3hall not be to deStroy or i:,pair lii:itorj.c : 1 ii:.te :rity. Whon full compl.iancc i , not po-;siible or ldvi.r,..li>]. i,c_cupancy shall be limited to the capacity of major tr_:lffic• c'lannels. 3. Fire Detection and Suppression Where warranted by tho value of s e r , Ls historic content, adequate fire detection, w-rrni.ri(j, .ina'/or suppression systems should be Jnstalled. v7h 'n a nijutned. .Eire station exists near Lhe proper'.y, a dctcc::t:i.a . :;y' to E)r.ovidill g -5- M a direct signal should be be made aware of inherent the property that sho>>ld inst.illod. Fire p, .r.sol nel should dangers or special Leat.u.r�_ , of receive particular ittert.i.r•:n. Warning and detection systems are ordin; Iril.-..- pr.-ferable to suppression systems, which i-iln C(IU sC' 7:3 il','Ac-h a:-,� fire. When a suppression system is advisable:, fr.eon and fog systems are recommended. Sprir,klers should 1 1 u., ed only in cases where fabric and contonts are unl.il: , l.y I..o i,irre- parably damaged by the water. Foam systems :-'could '...? used only if the area can bC' evacu�A►.0 CI In installing detection oi- suppression -sty ms, historic integrity and the recruir_ements of authentic inte'�pr. �tatiori must be carefully considered. 4. Additions to Historic Propertir's Modern additions, :;Lich as heatiny and a, ir.-c(indiUonirig equipment, are permitted in hi,.tori.c pr.ope.r_t. i os >f r)ut- standing significance to the e:-.tent that the-,.' call b'' Con- cealed within the structure or physical sett 1 ng (,I: I.he' property. Modern additions may he m:Ade to hi.s>tor.i(- pr<)perties when such additions are necessary to the con �Anur!d 1.isef-ulness of the historic property. Additions should h.2 r,_,ad.:Lly distinguishable from original !'a)_)r.ic, but ha ­mon ou ; in scale, color, materials,. and proportion, anc as ::.nc,)nspicuous as possible. -6- POLICIES AND PROCEDURES FOR THE ADMINISTEATIO:1 OF HISTORIC PItESEIIVATIUN GRANTS T - Grant assistance may be authorized for the ac ;uis i.t yn of an historic site by a subdivision of the state or l)y a private, non-profit organization interested in its preserve! -ion; or for the development of the site as an hi:;toric property. ' n either case, certain actions must be taken, records maintained, and re- ports submitted in order to assure that the grant fund.; expended serve the intended purpose of restorrltion and fires; -rva"Aon . Financial assistance uilcicr both the anti I cd ra.l. his- toric preservation grants programs i:, limited to t':ose projects or segments of projects that contribute directly tr) th rostora-- tion or preservation of the historic value; of thr Priliiary consideration is yivell to nlairltainln(J the historic illt.'g.L.ty of the site as expressed in its materials, form, work, ansi:ip, and appearance. For this reason, the Division of Archives, l-J.story and Records 1-lanagement requires that adequate info rlati.on be pro- vided In the plallnllry alid pl,uparation stages anu that ..lny specific conditions applicable be met before t_.he work of rF'rtor :ticn is begun. In addition, regulations applicable to all f_ed­rEi !. grant: programs must be understood and compl.iod with. The basic conditions for the adi-Anistration o pr�-se.l:vatioli grants are outlined in the following pages. Additi.onal. detail will be necessary in some cases to clarify particular gi,.est on -, in- volving individual projects. The st._lff of the Div.i.siol. o!: Archives, History and Records Management is avlailable to assist :.s necessary. -7- PROJLCT CONDITIONS The National Park Service or the, Division of :rch i.ves, History and Records Management shall define conditions that roust be met before work on a specific, project may begin and before work proposed by the c1rantee will determine- the con- ditions specified. If, upon requesting approval t) initiate a project, the grantee proposes project work differing from that originally proposed, project conditions will l-e adjusted as appropriate. Types of project conditions include, but are ,ot Limited to: a requirement that the grantee 'ubmit plans a!:d specifi- cations, working drawings, photographs, or other d�,cuiwt ntation for approval prior to commencement of work; a requ.iremc,nt that the grantee provide certification that appraisals of real property to be acquired or donated are on file with tho Division of Archives, History and Records Management; a req::irei cent that the grantee provide narrative descriptions of proposed work. Allowable and Unallowable Costs The State share of the costs of any project shall nct exceed 50 por cent of al.lowoble, project expend.ituic s. I'1�.: ,_;ain'� rule applies to Federal grants. The State share o; an-,, project involving I'ede.ral yraiiL funds shall. not exceed 25 r ,-,r .:enL of allowable project expenditures. Pri.nciplcs for dotorni.i.nirig allo%..,able and unalcosts appear in Office of Management and Budget Circular n-87. Addi- tional guidelines are provided in sections of this vol.:rne per- taining to acquisition projects and developitirnt pr'.Jecs.s . Records and Audits The Division of Archives, History and Records Man-gei.,ent is responsible for insuring that fin:cncial anc. adti i nis °.ra:_ive records pertaining to the full life-oycl.c of every -ara!,t .Ire maintained for at least three years Lollowing the or,,p l_et.i_on of all project work, and in ony event until 1-1 rose l ved au,lit of the records has been accomplished. i-tecords for nc­,-ex,­cnriabl_e property having a useful life span beyond the peri.;.,d o: a!, assisted project shall be retained until dispositi­.-n o, -t:ie property is made. Use of microfilm for record -keening is authorized. The National . i'ark I;c.rvi(_:e, the I)cpa1_ LmeiiL of c_he 1 nL. "rior, the Comptroller General of the Unite:; States, the Divi.:ion of IM r Archives, History and Roc (-)rds manc.1cger "Ilt:, ,_1110 .Illy c. ]. t.l.(._i.) duly . appointed representatives shall have access to grantee records for audit purposes. Audits of grant( e records may L)e n.ade to determine, at a minimum, the fiscal integrity of financial transactions and reports, and the compliance with :Laws, regula- tions, and administrative requ.iromen] . Method of Payment The Division of Archives, History and Records Manager.ent will release yrant funds to the cgrant.ee only upon .x,_!ceipt of evidence of the completion of project work, and coli.es of all applicable statements, invoices or other appropriato cost records. Payment will be in .the form of a State Warrant. pay,.!ble to the grantee. Release of funds to acquisition projects will be made after submission by the grantee of an approved appraisal of the property, and a copy of the contract of sale. The Division of Archives, History and Records Management reserves the right to have their representative or designee present at tl;o closing to verify that all project conditions have been met. The g.rnlntee will furnish the Division of Archives, History and Records Man-- agement with copies of cancelled checks for all di.,-bur.semc its involving grant funds. When a grantee lacks resources t , finance pro ,_-ct cosL-s, payments in advance of work performance may be regi ,-,stc ,d i:nde r. certain limited circumstances. Further Project Funding Once a project has received grant. assistance, iio 1 urt_her grant funds shall be made available to it unless t]. _� gi'-lnt.c�e satisfactorily aS:iurus Lhc Division C?C hrcliives, il.i. fury !Ild Records Management that subsequent project under.tal ingr in no way duplicate work that was or should have b, ,_,n e�cce:i�plished through the original fundinc;. Use of Other Federal Funds Funds made available to a grantee from Federal. so>r:r_ccs other than the National Park Service may be usr_ci tc.• suf :ox t- pre servation efforts. Records shall be r1l, tai.ned by `h(- �r,,�itcc to document that no duplication exists in work or n grant;.�e jllatchincl share relative to the various source of_ 'edc-ra.] assistance. Federal f. rods Shall in no inStiar!Cc hc' U:IC(I LIS ;11 ui_. pal:; of a grantee's matching share under this program. This rc':;t.r.iction applies to all sources of Pederal fuming, includii,t: r( venue - sharing programs., -9- TERMINATION OF PJ'OJI_;CTS Once initiated, no project financed with (;rant: funds shall be terminated by a grantee prior to ::ati.sf_actory c<:ritplc.tir)n without the approval of the Division of Archives, Listory and Records Management. Requests for pr( matu.re termi.n'-J-ion m :;t explain fully the reasons for the action and detail the pro- posed disposition of the incomplete project. The Division of Archives, History and Records i•lanager,.f!nt reserves the right to terminate },i.oj(.,-t as:;ist<lncc judges that a grantee has failed to c(DrHply with th( project - agreement, program policies, or the clear intent o' the historic preservation legislation that grant funds ;Ball lie (:�xpcnd(:d within a reasonable period following obligation. -10- G I ACQUISI'1'lON PRcQLCTS Policy An historic property may be acgc;ired with grant assis- tance if the acquisition is in conformance with the State His- toric Preservation Plan. An acquisition project is for the public bene rit, anti an acquired property shall be maintained, and adwiniste:,red so that its historical integrity is preservecl. Allowable Costs 1. Fee simple acquisition. Acquisition of absolute ownership.. 2. Less- than -fee -simple_ acquisition. Acquisition of a specific interest other than ab:,olute ownership to include: a. Acquisition of development rich_ts. The r)resr,rvati.on objective may be achieved in certain cases tI-rough acquiring negative easements limiting a property owner's .right to develop, alter, or use .111 or 1-.)art of the property. For example, a facade .,asertent binds an owner, for specif i.ed compensat.a. n, lot to alter an exterior without the permiss°,on of the easewcnL holder. Easement,; to protect h.i.storic or prehistoric resources or the cnvironn; nt -f_ in historic resource are also allowable. D-taiJed restrictions in the form oi- covenZints shall }.,e included in easement deeds. b. Acquisition ofremainder interest. Accju"'.:.sitioI1 of property su_bject lto a life estate. 3. Other Allowable Costs. Donated services; di.r• ct uost:s, such as title examinations and reports; opini-ns and Closing costa; legzt,l fees; apprAsal costs, C`.)StS Of relocation assistance for parties displaced Fom hom,,s and businesses, in accordance with the Uni.forr,I Re=i ocLition Assi.st�incc,- and Real Proporty Aalua.si.tion I'c�.li.; .ic::; Act. of 1970. Unallowable Costs 1. Acquisitions of title: or inL-ere. t 101: Vdiich 0 .hur SL,cte or Federal funding has been provided. 2. Costs of court actions. 3. Donated property. -11- Deed Restrictions (Covenants) When an acquisition project rcc.;��lt ; in owllul_.'; iI ip .1 esiA.r1c; with a private organization or individual, the owner shall be required to encumber the title with covenants prov.i.dinc for the following: 1. Ri Ilt Of r,2fusal.. The UWnCf": , iiid Li1C'1. , SU(_'C: :�SU1 S Ln * -- -- interest, if any, agree to give the state fir:,t right of refusal in the event that at some future t,.me they; shall wish to sell the property. J 2. Public Benefit. Sec: Public Benefit Covenants, L.21' 3. Maintenance and Administration. See Maintenance and Administration nistrtion Covenants . 19 / T Additional covenants deemed necessary to insure Protection of the property may be included in dreds . Such nii, ;h t i riclude covenants wherein the owner agrees to submit plans and sp(,ci- fications to the state for approval prior to conimerlcinc; any work at the property, to obtain specified lc,vcls ol in::ur<<nce coverage, to refrain from subdividing or building r)n the Premises, etc. A copy of the deed including covenants pur.suaTit to are acquisition project involving a tran:,feree shall the Project completion report. -12- DLVLLOPMI:NT PR(',TliCTS Policy An historic property may be developed .with gri.,,nt assistance if the development is in conformance with the State Historic Preservation Man. A development project is for the public benefit. A property developect with yraiiL assistance therei:ore shall Le ruain- tained and administered so that its historical intctjrity i.c; preserved and'so that the public may appreciate it. Development projects shall be accomplished in accordance with recognized professional preservation standard,,. evidenced in plans, specifications, shop drawirigs, or other r: aterial.: submitted to the Division of Archives, History and Record:; Management and/or in accordance with reconuucndatior::, rE•Sul. Liny from on -site inspections. Allowable Costs 1. Historical, architectural, and archaeological researc;i necessary for successful project: accomplishmeilt. 2. Costs of relocation assistance. 3. Signs acknowledging grant assistance at project site:. (see Acknowledging Grant Assistzince /p. 22 /. 4. -Development costs incurred by contract or forco account as follows: a. Costs of exterior restoration, structural. work, and necessary improvements in wiring, ljluinhiii j, Eilrci other utilities; b. Costs of interior restoration if the p.ihl i.c is 1,) have access to the interior in accordance. with public benefit policies (se o Public 13011e.f .it, item b Lp . 20 / ,--------__ 5. Moving or reconstruction costs iE the project noeets applicable criteria f_or moving er reconstr.uct: ng hi.si or.ic resources (sew `1'reatrnent of historicI'ro �ei:tie 1. G. Costs of plans and specifications, shop drawine.s, and/or other materials documenting project work as rcquiied ':or project approval. 7. Protection Costs (burglar and fire alarm syst(ms, etc.) . 0 8. Donated equipment and material /see p.18 %. 9. Donated services Zsee p.17_7 10. Donated real property Lsee p.16 1.7 11. Costs of installing (?Jut not put cht-Asing or ma Lnta.inii.y) a minimum number of interpretive plaques or signs at historic and archacoloc;ical sites (lout not stLuctl.lr(--.;) . 12. Furnishings, when such furnishings are original pietas of furniture or permanently attach-d i tents that •.ire .i.ntugral to building construction or documented historic dnsi(;n. 13. Costs of landscaping as follows. a. restoration of gradens, grounds, grading, etc., to'historical appearance; b. yradiny for purposes of drainage, buildiliy s,lfeLy, and protection; C. limiLed l;creenin(j of intrU';.LoIIS Whel:o �.I olul.ely necessary; plantings must he indigenous to the area and characteristic of the historic period, and plantincl plans and a sLatcment of ju >tif:i.caLi.on must be provided to the National Park Sehvico. 14. Costs incurred lay the grantee in acquiring th - hi.:;tori_c property for which developr.,ent 1-issistance is '-,ein requested, previd� Lhat the aCL;uisition has taken place or will take place in the current fi.sc�l year, and provided that such costs are allowable acquisition coasts. Unallowable Costs 1. Interpretive expenses, such as :.taf.f sale:r i :_ or interpretive devices with the exception of ir:7,tal.ta- tion costs for such devices in _.iccordance wit t it,.2nl 1.1 above. 2. New coii.: L1: tic Lion, wi Lh Lli(2 uxc:ul, Lion o l niu l: a I. us essential to protection of an h i.s tor. i c propel I_ y f roll, irreparable deterioration. 3. Improvements not essential to preservation of an historic resource. 4-. Costs of landscaping as follows. a. 1),-1vinCI and constr.uct.i.on of: non-ori.(; .II,11 rorlc.l;,,. drives,'parking lots, walks, etc. A pos,ible -14- 0 cxc:ep Lion would bu whoie m Lillll al walks zi L e essential to public circulation; b. contemporary planting arrangements and Gardens; C. non -original lawn furniture; d. non -original fences, gates, etc., except. where essential for security; e. non -original fountain and irrigation systems. Deed Restrictions (Covenants) When grant funds are awarded ful. a devc:lup1huriL pruje:i:L to a private organization .or individual, the cjrant:,e shall. include in the deed, a covenant yrovided for the public benefit (see Public Benefit Covenants 6 .21 /), and a covenant pro- viding for the maintenance and administration of t`ie _property (see Maintenance and Administration covenants /p. 19,E �-ls required. A copy of the deed showing the covenants shall. be submitted to the Division of Archives, history and Records MLinagcment. 11roiect Conditions When plans and spec.ifi.cations, ,,or-kiYLg drawin,;s, pliot.o- yraphs, certification of appraisals, or other docu-:entary materials are r•Dduired by the Division of Ni:;toiy and Records management as conditions of funding z1F :r.ov,:l, they must be Submitted for approval prior to the beginn ,.ng of project work and the release of Federal funds, wit;1 th- EcDllowing exception: funds may be released, upon the grantee's rr-qu-st, to enable accoiliplisliiuciiL of work rcq,Aired to suLis'.y L».oj,_,ct conditions, provided that the work i:; included as ,in allo�,tiable cost in the project agreement. -15- DONATED REAL PROPERTY Policy The value of historic real property donated by a pri�.-ate organization or individual to the state, county, city or town, or to a private organization existinpI specifically fol.- the purpose of preserving the historic property in que:7t.ion-or historic properties in general, is allowable in tht., local matching share of a project for the 6,evel.opiuent of that pl perty,, provided that the donation occurred since passag-e cif the National Iistoric Preservation Act oC 1966 if a Federal grant is involved, or since passage of the Flor.:i6a Archil,'es rind History Act of 1967, if State grant funds are involved. The value of donated real property shall. not 15e allo,:;able in a local's matching share of an acquisition project. When the value of donated real property has been use( once to match grant funds, the value cannot be used again in matching grant funds as a result of Tiny subsequent doncitie.n of the same property that may take place. 'Lipp raisa1s The grantee shall insure that donated real serving as a match for grant Hinds i!, appraised in a.ccord::nce with program policies, and that required certificai.ion of appraisals is provided to the Divisi(.n of Archives; and Records Management. The allowal)l(� cost of donated o1- acq,.J.red sl;la .1 be based on appraisals by independent: professional app:�ai ;cars as follows: two appraisals (with on(, by a state al,,)raise.! permissible) if the property's value exceeds $100,`)00; on., independent appraisal (with the proviso that a second r.:ay 15e requested) if the property's value fi lls between $' O,OUO ..;:Id $100,000; one independent appraisal if the prope.r.t-'s vall.!t� is less than $ 50 , 000 . The State stay determine value of' property whe>> wick differences exist between appraisals. A copy of each appraisal report will. be submitted to �lnd retained oii .fill` by thu DivisioI1 (A. Archivus, I L:3Luly IIId Records Management. Costs of appraisals are allowable project exl) ndii:ur, -;. ata M DONATED SERVECES Policy The value of donated services i:; an a l lowab.lc cost. ill the grantee's matchiny share if the services are essential to the project and donated during the pi-oject period. Donatc.:d services shall be identifiable in grantee records as non - Federal contributions and shall not be included a; contri- butions comprising all or part of tho r7r(►ntoo ', ma t_.chin<J ,Yicir.c: under any other State or Federally aSsisted undertaking. Rates for Volunteer Services Rates for volunteer services shall be consist.!_-nL %vith raL-ea paid for similar work in other activities of the c;rantee. When skills required for the project are not found else -,,..,,her(? in grantee activities, rates shall be consistent with Lhosc !paid for similar work in the labor market in which the (:.ranteo com- petes for the services. Volunteer Emploved by Other Organizations When an employer other th.';n the grantors furid•: io-1 :,(-i-vi.c e of an employee, those services shall be valued at Lie aril-,-loyee's regular rate of pay, provided that t'ic services �-ij ­ in LI:,.: saake skill -range for which the empinyoo is ordina i i .ly pai If the services are not in that skill -range, valuz: Lion s1-:111 be determined as in the standard volunteer catcuoriu. ctl�o;c. -Records and Standards Rates assigned to volunteer services trust be :upportod ill yrantcc rccorcls and niad(2 availabi..2 upon ruquesL . GLai:Lees shall maintain time -utilization chart-s pertaining t.o each volunteer for purposes of audit. Standards to insure the profess i.onal quality -)f donE-0 t.ed services shall be established by grantees and made: availz.!)le to volunteers. -17- 0 DONATED EQillpmPmr AND MATERIAL Policy The value of donated ecluipmeiit arld niaturial iS an allowable cost when the equipment and material are identifiable i.n urantee records as not donated by the State or Federal government, not purchased with State or Federal fund,-,, arid not included . a:s donations comprising al-1 or part of the grantee sh-ire indc•r ally other State or Federally -assisted undertaking. The equipment and material shall be specified in c,ra.:tee records as necessary for project accomplishment. Valuation of Material Price values assigned to donate: mii teri_a.l. slia 1, 1. not current marker values at the time the donation is issi(,necl to the project. Preferably, values should be based oil list pricus. Valuation of Lqui_�1ent Equipment values shall be based on current riarke.t pr-, ces of equipment of the sarcte age, condition, and quali Ly . `1'hi, percentage of the equipment's value tissicned as an A -Iowa`. 10. cost shall be based on the relationship it bears tc the project; that is, if the .full Value is consumed by the proj� %t, th.. full value is assigned; if only partial value is c< nstzr �c.`l ;)y the project, only that value in the form of usage (: r. depr(,- ciation charges is ;_i::si.yzjecl. Records Records showing the basis for determininu the alu � c.:I: donated equipment and material assigri:.=d to project:- shall be kept by the grantee and made available upon reques`. -18- IIAIN' E14ANCE AND Af)M1NiL,'ITA` iON Of-' ASS1S'1'LL 1'i<.UL'L1:`1' �.i 5 Policy Grantees are responsible for th::! t;iaintenance and .idii.:i.nis- tration of historic properties acquired and developed with State or Federal assistance. Satisfactory maintenance jequire�,: th,it the historical integrity of features, materials, appearance, workmanship, and environment of assisted propertic s be pi()- tected and preserved. The responsibility to maintain and administez an historic property acquired or developed with grant assistance shall. be limited to a specific period, relative to the amount of grant assistance provided, as follows: a. Grant assistance of up to $2U,000: 5 years; b. Grant assistance of $20,001 to 550,000: 10years; C. Grant assistance of $ ,(), (1 O1 to s l 110, 000 15 d. Grant assistance of over y1011,0i11 'O ea.rs, Maintenance and Administration Covenant When grant assistance is made to a private or ;,zni;,at i on or individual for the acquisition or development oi. hi! tci:ic property, the grantee shall encumber the title to '. ie property with a covenant running with the land, in favor of and enforceahle by tale stzito, proviuing that the o��nr.,ianti t ,eir successors in interest, if any, shall repair, ma.iw-ai.n, and administer the premises so as to prey-;erve the histf?rical integrity of the features, materials, appearance, '.,•oI:kri.;nshij,, and environment. Covenants slial.l specify the values to )-)c. well as prescribe a period of respon::;ibility relat>.ve to the - amount of grant assistance provided. Any legal document necessary to maintenance and ac:minis- tration of assisted properties shall be drafted in such a manner that it will be enforcable in a court of la,-, wit Yiiii the state. Grantees should give consideration to the use of covenants as a means to restrict alterations to properties. Such covenants could include requirements for state and/or Nation it Pi::rk Service approval of proposed alterations. -19- 1 PUBLIC BENEJ'IT Policies Federal assistance for the acquisition or dev(�lopn:enL of historic properties is provided for the benefit of the pW)lic. Grantees and transferees shall comply with the fol.'Lowi.nq pub- l..ic benefit policior,: 1. Propertics owned by a state or subdivision of , state that have _received grant assistance shall be a,:r.inist(_,red so that the public can view and otherwise enjo�.� the historic: values. 2. Properties in private ownership that have received grant assistance shall be administered for the public- benefit as follows: a. Objects and Sites. Provisions for the pub! is I,en-Eit are governed by the visual availability to the public of the property; that is, if the historic 1ualitic!s can be appreciated from the public right-o' ..Way ul_>- lic benefit requirements shall be considered to b,! satisfied; however, if the historic dualit'.es can,iot be appreciated from the public right-of-wa the ,)ro- perty shall be open to the public no less �..han 12 days a year on an equitably :,paced basis, ind at ether times by appointment. b. Structures. Provisions for the public 1_)en -f.it re.l.ate to the exterior alone when (1.) the structure has rrn-- ceived development assistance and the project has been restricted to the oxter.ior and/or to inter: or. ::ori.. limited to structural or utility improvemel:ts, or (2) the structure has been acquired with grant aid and the exterior alone possesses significant historic or architectural value. In 1=oth (1) and (") , public benefit requirements shall be considered t,) be satAs- fied if the exterior can be appreciated fr—m t},(-, t)ublic right-of-way. JIoi:,ever, if the exterior va Wes cannot be appreciated from the publ:i.c r.i.ght-of:- ra'.', the pro- perty shall be open to the public for extOci.or vi,sita- tion no less than 12 days a }ear on an equitably spaced basis, and at other t:l mes by airpoi.n' moni . Provisions for the publ:i c bend _ L rel- L-e to- !.Ile exterior and interior when (1) the rt:ructu--(r bar; ; c,- ceived development assistance, involving in�.ericr resto- ration, or (2) the structure has been acqu red with grant aid and both the exterior and interior_ poss(,ss significant historic or architectural valu• In ;)oth (1) and (2) , public benefit a-equi.r.oments s?i.all be. con- sidered to be satisfied when .the public ha:; acces,: to the interior no less than 12 days a year o!t an eq�Atably spaced basis, and at other t:i me s by 4-1ppoi.n+.ment . -20- 0 M NOTE: The term "12 days a year on an equitably sp,-iccd ba,-. i.s" should not be interpreted as necessarily requiring public ac- cess on a once -a -month basis. Seasonal and other iacto.rs should be taken into account as grantees attempt to prc)vi('e for the public benefit in a manner that will most �!ffectively implement the intent of policies. Similarly, the term "day" is a r::atter of judgement bused on the grantee's good intentions to comply with pu:,lic benefit requirements and on the circumstance., of each site. For ,xample, an historic site may be particularly evocative in evening hours during a given season, in which case public benefi': provi. ions might reasonably include opportunities for evening visita':i_on. Public Benefit Covenants When an historic property under private owner -hip re-!eives grant assistance, the grantee shall encumber the title to the property with a covenant running with the .land, in favor. ( ) f and enforceable by the state, providing for the public benc-f.il: in accordance with public benefit covenant guidelines. Public benefit covenants shall be limited to .-speci_fi(: per- iods, beginning with the date of the approval of t'ie funded project, relative to the amount of grant.i ass!,n tanc- prvi (l,-�d. Determination of the period shall be based on the rate-ti;•» standards indicated .in the statement of policy oh ,.,age 19. Other Requirements An explanation of public benefit, including a descri)tion of provisions for public visitation, shall appear i.n all literature referring to assisted properties. References to the property in other media should provide similar inlormatio..i. Implementation of public benefit responsibilities an,! pro- visions shall be arranged through thy• [Avision of. -�rchi ve ;, History and Records Management, or through a designated local his'._orical or preservation society or agency. Admission Foes Reasonable nondiscriminatory admission fees that will not discourage visitation and that comport with fees c'i,arged ,it corn -- parable facilities in the area may be collected at assisted pro- perties. -21 ACKNOW1,1)I)(7TNG,, GM,11' I\SST,'IT N(7J' Grantees shall iIISUre that Stato and/or Feder 11. nce is acknowledged in accordance with the following guidelin � S Project Signs There shall. be prominently erected at every a:.5i_stted pro- ject site a sign or signs providing the information noted below. (The cost of signs, whether temporary or pc!rmanent, is an allowable project expenditure.) 1. Nami! of project. 2. Name of state agency administering the project. 3. Nature of grant assistance. 4. The sign also may include the name of the contracto�r and/or architect, the project number, the dollar amounts of state, Federal or other sources of assistance, and other informa- tion as appropriate. The size and number of signs shall. be adequate to mark the site clearly and shall be in kee^ing with visual esthetics of the sitr:. Signs shal l. be ma i.ntained in good condition until work is completed un(3-r a & ,Ic lopment Project, or until six months have elapsed follnwinq transfer of title under an acquisition project. Public Presentat OnS 1'ulJlicaLi�ns, filris, UXhibitS, uL.c., funded %, nth yrant assistance shall acknowledge such as- ,Jstance by ar. anl-)rol't-i_at'e statement indicating the source of grant funds. -22- 1 PROJL:CI' F"I,l'1'R`IS The Division of Archives, IIi-,Lo.i.y and Records f}an,:lyEl ::nt will prepare a completion report nn :111 grant assi ted projects. In order to provide the information .required for this re[w)rt, the grantee will submit a completion report, which will include the following: 1. Acduisition Projects. a. Project title and number. b. Total project cost and grant share. C. Grant funds expended. d. Name and title of local projc-'ct supervisor(s) . e. Work accomplished: briefly describe the m :Lhod, ? pc, and outcome of tho acquisition, as well as any un:sual procedures or circumstances relative to tho proje,:t. f. I.xplain how ublic benefit and maintr'nance and ad--i.n.is- tration requirements of the }project wi1.L b,., sati:; '.ied. If: the project. involved tra!isfei. of funnds Lo :i pi i_vatr, organization or individual, attach a copy c1f: the e1�0Ct showi ny Llic applicable covenants prov:i-diny (.or r l_ }ht= of refusal, and l;iai.ntenance :lnd admi.n-i:,t.r.a'-Ann. g. Att�rcli -a currant 8:<10 glossy phoLoyr1:rl.d}r of Llle ir> ;uir.ed property. 2. Development ProjecL:,. a. Project title and number. b. Total project cost and grant share. C. Grarit funds expended. d. Name and title of local proj-ct supervisor (s) . e. Work accomplished: state th::� purpose, opro j : c t ; des - scribe work accomplishC?cl; ci'.o and fi.,ndi.ncls or. accomhli ;hnients; conclilrlo w i- -A a ^llcc i nct: statumunt of the pr.o ject's o,.,c,rall. value. propriate, use e:L:amples or sketch(-5 to ('om}Tom^nk f. Providc_, 8x10 heforc-arid-a11Ler glo,;sy phoLo,jrap.�is; llus- trating the project work. Intear.ate tho p'.ioto-Ir..1--.hr with the text of the report. g. Explain how public benefit and maintenance? and a('-ri.nis- tration requirements of the t)roject will b,:� saLi: -fied. -23- G A M If the project involved tran:.fer of funds t_(-.) a private organization or individual, ._attach a copy of the deed. showing applicable covenants pertaining to public bene- fit and maintenance and administration. For the general benefit of all prograiii par.tic:i.prants, grantees are urged to include in completion reports, do-s- criptions of all special techniques or materials used in a project, as well as explanations of soluti.nn,, to .pr­scr- vation problems that have proven particularly satisfactory or. unsati.sfact.o.ry. Such informat_.ion will h- Tr, i(le ,,,v,i1.l0l_]_c to grantees with similar problems. Maintenance of a photographic file during the cnursc, of a project is recommended as a means to direct the progress of work and as an illus; rative record of tho project. Normal snap -shot or Polaroid photographs would suffic,:� for this purpose. Similarly, grantees should maintain a running 1o1 of project work, including a record of significant findings. Logs provide excellent research sources for h:i�,torJ cral, architectural, archeological, and restoration data and simplify preparation of completion reports. Legs migiat be copied and submitted as part of r.(-ports. 0 -24- - ' ENCLOSURE A General Conditions For The Adininist.r ation of Puck, ral Grants -In -Aid The Grantee (Division of Archives, history and Records Manage- ment) is responsib-le for insurir.r, it: s own complic-Ince, and the compliance of transferee (any public or private agency to whom project funds are transferred for expenditure) with government - wide requirements for the administr.,ltion of grants.. Federal audits conducted on behalf of this program in-.,olve in- depth examination of granted record,.-, to identify to prescribed standards. A. Corlflii,t of. lntere.,;t No official or employee of the grantee or transferee authorized in llis official Capacity to negotiate, make, accept, or approve a con- tract or subcontract under this program shall have any financial or othr,r personal inter.e:;t in any such contract or subcontract. No person performing services for the grantee or transferee in connection with a project receiving Federal grant assistance shall have a financial or other personal_ interest, other than his employment, in any contract or subcontract in connection with the project. No officer c>r employed of such pci:.;on reLained by the yr<<ntee or tr.ans!.c.reo shall. have any financial or other pr-r�;rnal interest in any real prop('r.ty acquired !-or a funded project unless such interest i:, openly disclosed 'in the public ro-c.or.ds ')f the grantee and such person, officer or eniployue has not participr,ted in the ac- quisition for or on behalf of the nrrint"c or transferee. 1io member of ,or delec!at.e to Con�tre:,s shall be. admitted to any -hare or pl-i.tt '.,f cl (jr-int. orilt7rCC'111t'T1t.S t:l1C.!]'ellilto dl)l C`L'tit I Il.l.n 1, or to any benefit to ariso thereupon, u!ll_e:,: Suc:}1 ])e2n(,LiL s }lc,ll be in 11-hu form ol_ ar aqr-omo_�nt m,ide %•with a co.r.} oration for , s general benefit. The cir.antee is r.esponsiblo for onfr�r.cing conflict of interest policies. B. 1 ECTUal. n. ortunit. Lo the fn7.'i11.:;}1:' pcl of h_ ar t,T1 T,c:.:i.:.ti: llcc:, the g7:ant.ee shall provide the National Park, c rvi.ce w_iLh an Assurance of Compliance (Form D.L-1.3`)U) . Recipients and subrecipi.ents of Fe(I ra'. ZIS istance are to be r_egulatud by '1'it1c� 43, Code of Federal u.lationr,, ilhtit-lo Part 17 (4 3 CFR 17) . 'I'he grantee shal_1 incorporate or cause to bo incorporatod into all contracts and subcontracts the applicable equal opportunity clauses prescribed by Title 41, Code of Federal. Regulations, Chapters 1, 14, and 14K (41 CFR - Federal Procurement Regulations). The grantee shall: 1. comply or provide for compliance with the above provisions in cork accomplished by a grantee or transferee, including the advance clearances provided for in 41 CPR 1.12-80501 (d) (1) (2) (3) (4) ; 2. assist and cooperate actively with the National Park: Service in enforcing the contract pr-oviaions 0nd the rules, regulations, and relevant orders issued to implCrII0Ilt the Civil Rights Laws and Administration policies; 3. obtain and f.urni:,h to the National_ Par); Service such information. as re-juirr,ol for the enforcement of equal oppor-.unii;y; 4. enforce the obligation of contract-rs and other subrecipi.er.ts, including invoking sanctions and penalties i.-;r ncin-- compliance; 5. refer all, ducstionable matters of. !-jual opportunity implementation to the N(at..ional Par}: Scrv.ice for advance determination. C. Political AcLiyiU. ( atch ;lcL) No officer or employee of the c1rant:ee or of a' pelt] is ctd��nr.;' t:ha: cr i.rir,c�-i_1.7a1 �l� r>>nulL is in connection with any activity fin* anted in whole or i.ri part pursuant to a Fedoro l grant shall take any I.',rl-t in ally of the political activities prescribed in the IEatch Political Activity Act, 5 U.S.C:., Se_cti(.);c -t 11.81 (1964) , with the exception_, therein en-utierated . D. Contracts for Proiect Work Grantees shall conform to the follo:iing contract regulations and insure conformance r -3- by transferees. Records l:or every project shall document compliance. 1. Contracts in excess of $10,000 shall be awarded through competitive bidding, with the exception ol: 2 below. COST PLUS PFRCENTAGii-OP- (',OST..CONTRACTS ARE, PROHIBITFI) 1�1' FFDP.RAL-ItI:(�(11.�1'I'T0�;5. 2. Contracts in excess of $10,000 for extensive preservation work may be negotiated. In such cases, a grantee shall negotiate with at least three contractors (if that many respond to advertisement), rate each after an initial discussion, call each back to ne4jotiatc a pric,:.�, and select the contr.ictor that will. do the best job. GrI-intee records shall include documentation pertinent to each of the steps prescribed. 3. All. bidders on contritcLs in excess of $10,000 shall be informed that Federal funds are in•.Jolved 4. 'Written change orders) to contracts in excess of $10,000 shall be issued for all necessary changes in the project. A copy of cLn order shall. be mL-ul<<: a h:crt of the gi-untee project file and kept available for audit, and a copy sh.all be forwarded to the National Park Service. GranLce:-s shall under:.tand that Lhe';/ mu:;t comply t:•ith r,tato contract rc:clulation:� wr,la as the policies prescribed above. E. Relocation Assistance The grantee shZ-111 comply with the 1-r. ov i_sl r,ns of the Uniform Relocation Assistance and Real Property Acquisition Poli(-ics Act of ' 10'10 in administering grant-in-aid funds. The hct :in- cludes regulations governing benefits t=_) be provided under grant acire(,ments for parties. displaced from homes and businesses as a re:.;u1t. of federally -assisted undertakings, and specifies a uniform policy for real property acquisitio;1. 0 {, .dam F. Flood Insurance Prior to be(Jinriii)(I Arty I eder1-il. 1 y -I,tcd project work on any s.i.te located in a desi_�;- nated flood Hazard' are.2a as determin!;d under the provisions of the Flood Disast--er Prc tc (.-t- tion Act of 1974, the grantee shall provide proof that flood insurance has been obtain(A. The amount of insurance required is the amount of the grant o.: the maximum amount of insurance available, whichever i:: least. G. office of Management and Budget Reguiatiori:_ The Division of Archives, IIistr.:,ry and Records Management is responsible for a_,- suring that federal historic preservation grants-in-aid are administered in accor- dance with all applicable OMB regulations regarding allowable project costs, planning and environmental review, and other adm:i_n- istrative matters. A1.1 project applicaLio:is, plans and specifications, cost records, an"I other project information will be r(.:vie%.ed, and any questions resolved before s1,,bmi:.si-n to the National Parks Service for final al)-- proval.