Loading...
Architect. Historic Survey CLGMEMORANDUM January 15,2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager CLG Grant Agreement for Phase III of Dubuque's Architectural/Historic Survey/Evaluation Planning Services Manager Laura Carstens is recommending approval of the Certified Local Government (CLG) grant agreement for Phase III of the Architectural/Historic Survey/Evaluation to conduct an in-depth survey of downtown Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 15, 2002 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: CLG Grant Agreement for Phase III of Dubuque's Architectural/Historic Survey/Evaluation This memo transmits a Certified Local Government (CLG) grant agreement for Phase III of Dubuque's Architectural/Historic Survey/Evaluation. The State Historic Preservation Office has awarded the City a $18,000 CLG grant to match local funds to conduct an in- depth survey of downtown Dubuque. The City already has received two grants from the State Historic Preservation Office for Phases I and I1 of the Architectural/Historic Survey/Evaluation ofthe community. Phase I was completed in 2000. Phase II is underway. The Phase III project involves an in-depth survey of Dubuque's oldest commemial, residential and industrial neighborhoods in and around the central business district. A map of the phases for the Architectural/Historic Survey/Evaluation is attached. The total estimated cost of the Phase III project is $30,000. The major expense is a consultant to conduct the survey/evaluation. The required 40% local match of $12,000 is to come from CDBG funds in the Planning Services Department budgeted for a vacant 0.25 FTE Assistant Planner position and Planning Interns who will assist the selected consultant. I recommend that the City Council authorize the Mayor to sign the CLG grant agreement for Phase III of the Architectural/Historic Survey/Evaluation, on behalf of the City of Dubuque. Attachments Icarstens/MVM/clggrant. mem doc Architectural Historical Survey Phase I Phase II Phase III Phase IV Phase V Phase VI Comprehensive Survey Area Contract No. 02-14 STATE HISTORICAL SOCIETY OF IOWA GRANT-IN-AID AGREEMENT FOR: CLG City of Dubuque In-Depth Architectural/Historic Survey/Evaluation of Dubuque's Oldest Commercial, Residential and industrial Neighborhoods In and Around the Central Business District This agreement is made and entered into by and between City of Dubuque, hereinafter referred to as the RECIPIENT, and the STATE HISTORICAL SOCtETY OF IOWA, hereinafter referred to as the STATE; WlTNESSETH THAT: WHEREAS, the STATE, is interested in broadening ~he role of local governments in historic preservation through the Certified Lccal Government program; and WHEREAS, the STATE, in accordance with the National Historic Preservation Amendments of 1980, is providing 10% of its annual federal Historic Preservation Fund appropriation to Certified Local Governments; and WHEREAS, the RECIPIENT has demonstrated bs interest in historic preservation by becoming a Certified Lccal Govemment, and desires to complete In-Depth Architectural/Historic Survey/Evaluation of Dubuque's Oldest Commercial, Residential and Industrial Neighborhoods in and Around the Central Business District; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit C); 2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a permanent copy of financial records suitable for State and Federal audit as directed under the Single Audit Act of 1984, P.L 98-502, if required; That the STATE provide for only project costs eligible under provisions stipulated by the National Park Service, U.S. Department of the Interior for grants -in-aid. Project work which does not meet Secretary of Interior Standards will not be reimbursed for under this contract; 5. That the STATE monitor the project and provide input as called for in the at~ached Scope of Work (Exhibit C); That the Recipient and the STATE mutually agree that if, during the duration of the contract, it is deemed necessary by either party to make attera~dons to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the date of the amendment unless otherwise specified within the amendment; 7. That the STATE agrees to pay the project eligib{e costs under the terms of this Agreement;, 8. That the RECIPIENT and the STATE mutually agree to abide by the general and specific conditions attached hereto as Exhibits A, B, C, and D; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this contract witl be completed by June 30, 2003: 10. That the RECIPIENT and the STATE mutually agree that the cest of this contract shall be City of Dubuque. All eligible costs necessary to carry out the project shall be initially advanced by the RECIPIENT and then the STATE shall reimburse the RECIPIENT for $t 8,000.00, upon receipt of alt work products and as specified in the Scope of Work. The agreement will end on June 30, 2003. The final bill must be submitted with the final report by July 30, 2003. 11. Expenditures are to be according to the Budget, attached as Exhibit D. Adjust~nents between budget catagodes are permissible following wr~en mutual consent between the RECIPIENT and the STATE; 12. The RECIPIENT will faithfully comply with ail applicable Federal and State laws, regulations and guidelines, including the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13. The RECIPIENT shall hold the STATE and federal government harmless from damages in any addon arising from the performance of work described herein. IN WiTNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. RECIPIENT Mayor Terrance M Duggan Date STATE Lowell Soike, Deputy State Historic Preservation Officer Date EXHIBIT A GENERAL CONDITIONS ARTICLE I - Amendment of Contract: The RECIPIENT or the STATE may, during the duration of the Contract, deem it necessary to make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shall be incorporated into this Contract The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any conditions of this Contract must be in wdting from a duty authorized official of the STATE. ARTICLE II - Patent and Copyright: a. No material or product in whole or in part under this Contract shall be subject to patent or copyright by either part in the United States or in any other country. b. The U.S. Depertment of the lntedor reserves a reyaity-free no-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to aut~horize others to use, any materials produced in whole or in part under this Contract for government purposes. Any publication by the RECIPIENT must bear in an appropriate place an acknowledgment of grant support under the National Historic Preservation Act of 1966, as attended, from the U.S. Department of the Interior and the State Historical Society of Iowa. ARTICLE III -Accounts and Records: a. Accounts - the RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Contract to the extent and in such detail as will propedy reflect ali costs, direct and indirect, of laber, materials, supplies, services, and ofher costs and expenses of whatever nature, for which payment is claimed under this Contract. Audit and Inspection - At ail times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make avallab~ to the STATE all of its records, pertaining to all matters covered by this Contract and shall permit the STATE to audit, examine and make excerpts from such records and all other matters covered by this Contract c. Retentk~n of Financial Records - All records in the possession of the RECIPIENT pertaining to this Contract shall be retained by the RECIPIENT for a period of three (3) years beginning with the date upon which final payment under this Contract is issued. All records shall be retained beyond the three (3) year period if audit findings have not been resolved within that period. d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs incurred by the RECIPIENT in the conduct of this projecL All claims shall include copies of time utilization sheets, records, documents and other evidence in support of all costs and expenses incurred for the performance of this Contract. ARTICLE IV - Termination of Contract a. Termination for Cause - The STATE or the RECIPIENT may terminate this Contract in whole or in part, at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the other party in writing of the determination and the reasons for the termination, together with the effective date. The RECIPIENT shall not incur new obligations for the terminated poYdon after the effective date, and shall caocel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for no-cancelable obligations up to the amount of $8,524.00, if said obligations are properly incurred by the RECIPIENT prior to termination. The STATE shall terminate the contract if it determines that the RECIPIENT is nat following cost eligibility as outlined in the Secretary of Interior Standards, 36 CFR; OMB Circular A-87; and OMB Circular A-102. b. Termination for Convenience - The STATE and the RECIPIENT may terminate this Contract in vchole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effect date and, in the case of partial termination, the portion to be terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effectfve date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for nomcancelabte obligations up to the amount of award, if said obligations are properly incurred by the RECIPIENT pdor to termination. c. Termination due to Non-Appropriation - Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of the Contract are at any time not forthcoming or insufficient, either through the failure of the Federal Government or of the S'cate of Iowa to appropriate funds or discontinuance or matedal alteration of the' program under which funds were provided, then the STATE shall have the rigl~ to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Untees otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the costs of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions, terms and conditions as the odginal award. In the event of termination of this Contract due to non~appropriation, the exclusive, sole and complete remedy of the RECIPIENT shall be payment for service completed prior to termination. d. Right in Incomplete Products - tn the event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the option of the STATE, become its proper[y, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfacten/work completed on the project. ARTICLE V - Interest of Officials and Others: a. STATE - No officer, employee or advisor of the STATE including a member of the State Historical Society of Iowa Board of Trustees or the State Nominations Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct or'indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respect to a subgranf, contract subcontract, or any agreement supported with state or federal assistance if. the person or any of the following has a financial interest in that application. 1. The person, the person's spouse, minor child, or perther, or, 2. Any organization in which the person is serving as an officer, director, trustee, partner or employee or, 3. Any person or organization with whom the person is negotiating or has any arrangements concerning prospective employment. Benefit or remuneration other than a fee in accordance with applicable statewide procedures includes, without exception, royalty, commission, contingent fee, professional sewices contract, brokerage fee, or other payment accruing to the person or any member of his immediate family. b. RECIPIENT - The RECIPIENT convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of se~ces required to be performed under this Contract. ARTICLE VI - Assignment of Interest: Neither this Agreement or any interest therein, no claim thereunder, shall be assigned or transferred by the RECIPIENT to any other party or parties. 4 ARTICLE VII - Subcontract: None of the work or services required under this Agreement shall be subcontracted by the RECIPIENT without prior writlen approval to subcontract by the STATE. ARTICLE VIII - Procurement of Professional Services and Equipment: The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This requires solicitations from at least three sources to permit reasonable competition consistent with the nature and requirements or the procurement. "Coat-plus-a-percerr~ge-of~coat" contracting is strictly forbidden. Rather, cut reimbursement or fixed price cont3'acting is required. Project principal investigators must meet the minimum professional standards as outlined in We Cede of Federal Regulations, Volume 38 Par~ 61. The purchase of any equipment under this agreement over $300 may not occur wfr. hout prior wdtten permission of the STATE. The STATE wilt not approve such purchases until the same are approved in writing by the National Park Service. EXHIBIT B SPECIAL CONDITIONS ARTICLE t - Identification of Parties: This Contract is entered into by and between the.State Historical Society of iowa, hereinafter called the STATE, and the City of Dubuque, hereinafter called the RECIPIENT. ARTICLE II -Designation of Officials: a. STATE - The State Historic Preservation Qfficer is the State Official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. He (She) may designate a member of his (her) staff to negotiate, on beha f of the State, any changes to the Contract. b. RECIPIENT - City of Dubuque, is authorized to execute any changes in the terms, conditions, or amounts as specified in this contract. ARTICLE III -Additional Special Conditions: a. Audit Requirements - The RECIPIENT shall annually have performed, on a timely basis independent financial and comp ance audits of the hi¢~edc preservation funds received from the STATE. All such audits shall be conducted in accordance w~h appiicaMe auditing standards set forth in OMB Circular A-128, !'Audi~s of State and Local Governments", pursuant to the Single Audit Act of 1984. Coats esseciated wi~ such audits are the rssponsibitib- o~ the RECIPIENT. A copy of this audit must be submitl~d to the STATE. if the RECiPiENT is a non-profit organization, public college or university, audits shall be made in eccord~nce statutory requirements and the provision of Ci, rcu~ar A-1 I0 a copy of this sud t must be subm t~ed [o ~e STATE b. Genera~ Obtigstions - ~] work pedor.med under ttlis Contract shaJ! be carded out in a la.l, proper and s~;sP'~ctory manner in accordance wi['h appropriate Feoera, State and ~_ocal regu~ons, ndud ng OMB C ~-cuiar A-102 and NPS 49; and any circula;~, pol~ies, procedures and requirements as may from time to time be p~escribed by the U,S~ Dep~r~ment of Interior. 5 A~TICLE P~ - C~n .... n~ of,, a,,, ........ a. ~ax~rnum Paymen~ - tt is e×pressiy unaerstood and agreed to that the ma)dmum amounts to be paid to the RECIPIENT by the STATE ~r any item of work or services shall be the amourrL specified herein~ Alt payments for wor~ arid ~rvi~ ur~der this ""' ~ ~'"- "~ ' ~.or¢.~c~ s,~,~l, ~,e on a cost incurred, nee-p,-o;it bssJs. b. Requisition for Payment - All payments to the RECIPIENT shall be subject to the recei¢ by the STATE of a Request for Reimbursement. This request shall be made accel-ding to the format specified bY the STATE with reimburse~ment to the RECiPiENT occumng at inter~!s no more .~.an si~_%, (60) days aiter approva!'o¢ request_ ARTICLE V - REQUIRED ACKNOWLEDGMENTS: Pubi~a~on, fiims, exhibits, etc. developed as ~ part ~ this Cat.act sha't ackno~¥~edge Fedem! foiicc¢~ng s~a~ement ~ ~ of the Ti~e or AcKn~w1~gment ~c~on ~itn ~cb ~em pr~uc~d. %h~ proie~ has ~n ~unded ~th the ~ of 8 ~tch ng Nat~o~a H star c Pr~rva~on A~ of ~ ~ ~e opinions expressed hemm are not n~e~an~y Depa~ment of the interior." ARTICLE V~ - Equal Opportunity Acknmc4edgment: Pubi~a~ons, liim, s, exhibit, ~c. de~ioped as a part of~e Contract shaJt acknc~Medge equal ~po¢_m~¢ and nonusc mr~oF~p~:..~ces~¢.dud~gthel=oowlngstatementasnar~o~h=~-~ n ~ n ~,~-, ~,=- -' - "This prr¢gram received Federal ~ands ff~m ~e Nationat Park Sauce. Regulations of the U.S. Dep~rtm, ent of the ~ntedor strict, prohib~ un~aw~j d~dmi~a~o~ i~ F~e~}iy A~ Pr~ on ~e basis ¢ race, c~or, nst~a! oriqim a;e or handicap. A~y ~son who ~[e~s he or she has been d~cdminate~ against ~n ~r,y ~ro~rem, aadv~¢, or ¢~c~ of the ~nterior, Nationai ~rk ~Mce: I849 C Sb'eet, WasMngb~, D.C. ~24D.' ARTICLE Vii - Certification This ceadfication is required by. Seo~on 1352. TPde 3% U.S. Code. kn~¥1edge and belief that ~,~¢~ No federa~ appropriated .flJnds hsve been p-id er ',.M~! be_ paid, by or on behalf of the u..r~dereig..~ed, to any' person for (2) ~ any funds other than Federai a~propria.~d f%'nds have been paid or wi!i be psid to any ,~ ',,, ~ ..... Lobbying/' in s~ords~e with mst~d~. (3) ~r.,e unde~igned ~ha~! require ~at ~e' ' ' '= ' ' ~ ~ ~" l ,~e., h U.S. Code. Any person who fails b file the required cer~iP, ca~Jc~, shall be subi~ to dv~l pen8 ~ of not i~s ~an $i0;0~ and not ~re ~an $1~,C~0 for e~ch such ~a~tu~e. The RECIPIENT, ~-.,i~ --~wi!i,~',~.n~ di~dminate aDi~t any employ~ or ao~ cant for ~ng!ovmect b~ause of i'~c~, crud., color, ~r Public repodf~g burden tot' this callection of ioformation i~ estimated to average 15 minutes Der response, including time lot reviewn-'~ instruc~ons, searching exis~ng data s~c:es, g~therleg and ~in~ning ~e ~ ~, ~d ~mple~ng and re,~ng the colte~ion of. iofo~atyn. Se~ ~ reD.leg ~ b~en e~e ~ ~ ~r ~ of ~ ~Zt~on ~ ~fo~Qon. in~ng suggestions for~ reduces b~en. to ~e ~ of ~g~ ned BudgeL P~0~ R~u~on Pmj~ (0~). W~¢on. DC 20503. ,, PL~SE DO NOT R~ ~ URN YOUR COMP~ ~ ~ FORM TO ~E OF~CE OF MANAGE~E~ AND BUDGe. ~ SEND ~ TO ~E ADDRESS PRODDED BY ~E SPONSORING AGENCY. ~ NOTE: Ce~tais of these ass~ranoes may not be applicable to your project or pmgrem. If you have questions, please contact the awarding agency. Further. cec2._in Federal awarding agencies may require applicants to Cattily to add~ona! assurances. If such is the case. you wilt be notified. . . As the duly authorized representative of the applicard, I cer~y that the applicant: 1. Has the legal aofhodty to apply for Federal assistance and the institutional, managerial and flnanslal capability (inoluding funds sufficient to p~y the non-Federal share of project cost} to ensure proper planning, m~r~gement and completion of Ihe project described in this application. ~/'~J give the awarding agency, the Comptroller General of the United States and. if apprepdate, the State. throngh any authorized representatiYe, access to a~d ~e right to examine all records, books, papers, gr do(Tuments related to the award; .a~d w~il eslablish a proper acoouating s3~etem ia accords~lca ~ generally accepted ac~oon~,ng state.ds or agenny directives. 3o W~II establish safeguards th prohibit employees from using their positions for a purpose that constitutes or presents ti~e appearance of personal or organizational conflict of interest, or personal gain. Will initiate'and complete the work within the applicable time frame after receipt of approval of the awarding agency. Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Dischmicafion Act of 1975, as amended (42 U.S.C..~6101~6107), which prohibits discrimination on the basis of age; (e) the Drug /sJ3ase Office and Tremment Act of 1972 (P.L 92-255), as amended, reining to nondiscrimination on the basis of drug at)use; (t) the Comproherksive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to nondisci&mication 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 rid-3 and 290 3), as amended, relating to coofidentiality of alcohol and drug abuse patient records; (h) Title VIII o! the Ci,a'I Rights Act of 1968 (42 U.S.C. §§3601 et s~q.), as amended, relating to ~ondiscrimination in the sale, rental or financing ' of housing: fi) any other nondiscrimination provisions in the speciti<~ statute(s) under which application for Federal assistance is being made; and. (j) the requirements of any other nondiscrimination statute(s) which may apply to the appii~tion. 5. Wilt comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §~4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System ol PeCsoneal Administration (5 C.F.R. 900, Subpa~t F-). Will. comply 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_ §§168'J- 1683, and 1685-1686), which prohibits discrimination On the basis of sex; lc) Section 504 of the Rehabilitation Will comply, or has already complied, with the reqtcirements of Titles Il and Tit of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L 91-646) which prowde tor fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-asslated programs. These requirements apply to all interests in real property anqu~red for project purposes regardless of. Federal participation in purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are lunded m whole or in par~ wKh Federal funds. Authorized for Local Reproduction 8 Will comply', as applicable, with the provisions of the Dayis- · 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 S~fety Standards Act (40 U.S.C. ~;32.7- 333), regarding labor standards for federally-assisted const~ruetion subagreements. 10. Will comply, if applicable, with flood ir~surance puC'm-se requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 ('P.L 93-234-) whic~ requires recipients in a special flood hazard a~ea to participate in the · program and to purchase flood insurance if the total cost of insurable conal~-uctJon and acquisition is $10,000 or more. 11. Will COmply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Er~ironmental Policy Act of 1969 (P.L 91-190) and Ex~e Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in fioodptains in accordance with EO 11988; (e) assurance of project consistency With the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U4S.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 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Ddnking Water Act of 1974, as amended (P,L_ 93-523); and, (h) protecaon of endangered species under the Endangered Species Act of 1973, as amended (P.L 93- 205). 12. Will comply with the Wild and Scenic Rivers ACt et 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. -. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Histodc Preservation Act of 1966, as amended (16 U.S.C. ~470}, EO 11593 (identification and protection of histodc properties), and the Archaeological and Histodc Preservation ACt of 1974 (16 U.S.C. §,~469a-1 et seq.). 14. W~I comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities suppe~ted by this award of assistance. 15, Will comply with the Laberato~j Animal We[fare Act of 1966 (P.L 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the cam, handling, and treaa'nent of warm blooded animals held for research, teaching, or o~er acth, itins supported by this award of assistance. 16. Will comply with the Lead-Bssed Paint Poisoning Prevention Act (42 U.S.C. §,~01 et seq.) which prohibits the use of lead-besed paint in construction or rehabirC~flon of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the SingJe Audit Act Amendments of 1996 and OMB Circolar No. A-133, 'Aud'~s of States, Local Govemmeets, and Non-Profit Organizations." 18. Will comply with all applicable requirements of 'all other Federal laws, executive orders, regu[atlens, and policies governing this program. SIGNATURE OFI AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION City of Dubuque T!TLE Mayor DATE SUBMITTED Standard Fern3 424B (Rev. 7-97) eack Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying Persons signing this form should refer to the reguiaf~ons referenced below for complete instrucfior~: Certification Regarding Debarment, Suspension, and Other · Respensibility Matters - Primary Covered Transactions - The prospective pdmary participant further agrees by submitting this propesa! that it will include the clause rifled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in ail solicitations for lower tier covered fl-ausactions. See below for language to be used or use this form for cer~cation and sign. (See Appendix A of Subpert D of 43 CFR Part.12.) Certific~/on Regarding Debarment, Suspension, Ineligibility and Volonta~, E. xc~usion - Lower Tier Covered TransacfJons - (See Appendix B of Subpart D of 43 CFR Part 12.) Certi~catiee Regarding Drug-Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and AJtemate Il. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for comptiance cerfificat/on requirement~ under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Intedor determines to award the covered bansacfion, grant, cooperative agreement or loan. PART A: Certiffc~tion Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK_..fF.THI$ CERTIFICATION iS FOR A PRIMARy COVERED TRANSACTION AND I$ APPLICABI..E. (1 } The prospective pdmary participant cert~es to the best of its knowledge and belief, that it and its principals: ia) Are not presen'~y deban-ed, suspended, proposed for debarment~ declared ineligible, or voluntarily excluded by any Federat department or agency; (b} Have not within a three-year pedod precedlog this proposal been convicted of or had a ci~li judgment rendered against them for commission of fTaud or a criminal offense in connection ~ obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violati~m of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bdbery, fats[fication or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or c~iily charged by a governmental entity (Federal, State or loc. al) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and id) Have not within a three-year period preceding this application/preposat had on? or more pubilo transactions (Federal, State or local) terminated for cause or datault. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant snail attach an explanation to this pmpocaL PART B: Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions CHECK, IF TTfflS CERTIFICATION IS FOR A LOWER TIER COVERED 7"P, ANSACTION AND IS APPLICA~3LE. (1) The prospective lower tier participant certes, by submission of this pmpesal, that neither it nor its principals is presently debarred, suspendedl -proposed for debarmenL declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the p~spective lower tier participant is unable to cer',~y to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. l0 CHECK~IF TH{S ~.F~TIFICATiON I~ FOR ~{ APPUCAN~ WHO {~ NOT AN iNDIVIDUAl_ Alternate L (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide a drag-free workplace by: la) Publishing a statement nolETing employees that the unlawful manufacture, disttlbu~on, dispensing, possession, or use of a controlled substance is prohibited in the granfee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; lb) Establishing an ongoing drug-free awareness program to inform employees abeut- (1) The dangers of drug abuse in the workplace; (2) The grantee's poi*my of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties IAat may be imposed upon empinyees for drug abuse violations occurring in the workplace; ... (c) Making it a requirement that each employee to be engaged in the performance of the grant be g~vee a copy of the statement required by paragraph (d) Nofffying the emPk)yee in the statement required by paragraph (a} that, as a condition of employment under the grant, the employee wifi - -- (1) Abide by the terms of the statement; and · ' (2) Nof~y the employer in wdtlng of his or her conviction for a violation of a criminal ~lrug statute occurring in the workplace no later than five c~lendar days after such conviction; (e) Notifying the agency in writing, wff~hin ten calend~r days after receiving notice under subparagraph (d)(2) from employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including pos~Eon ti~e, to ever~ grant office[ on whose grant activity the convicted empkiyee was working, unless the Federal agency has designated a central point for the receipt uf such notices. Notice ~hall include the identification numbers(s) of each affected grant; (0 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respec~ to any employee who is so convicted (1) Taking appropriate personnel act/on against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973. as amended; or (2) Requiring such employee to pedJcipate satisfactorily in a drug abuse assistance or rehab~ita~Jon program approved for such purposes by a Federal, State, or local health, law enforcement, or other appmpifate agency; (g} Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b), (c), (d). (e) and (f). B. The grantee may insert in the space provided below the site(s for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. PART D: CertfficatJon Reg. ardin9 Drug-Free Workplace Requirements CHECK__IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL, Alternate Il. (Grantees Who Are Individuals) (a) The grantee ced/ties that. as a condition of the grant, he or she will not engage in the unlawful manufacture, disthbution, dispensing,, possession, or use of a controlled substance in conducting any activity with the grant; (b} ' If convicted of a criminal drug offense resulting from a violation occurring dudng the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. 11 PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Coope~tlve Agreements CHECK__iF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMEI~',. SUBCOf~J'RACT. OR SUBG~ UNDER THE GRANT OR COOPERATIVE AGREEMENT. CHECK IF CERTIFICATION IS FOR THE AwARD OF A FEDERAL LOAN ~XCEEDING THE AMOUNT OF $1E0,0~0, ORA SUBGRANT OR SUBCONTRACT ~C,CI=I3ING $100J3{~0, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of file undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress. and officer or employee of Gongre:ss. or : .an employee ora Member of Congress in.cennec~on with the awarding of any Federal centz'act, the making of any Federal grant, the making of any Federal. loan; the entedng into of any cooperative agreement, and the extension, cerdJnuation, renewal, amendment, or mod~cation of any Federal cenfuraCt, grant, loan. or cooparaflve agreement. (2) If any funds other than Federal appropriated'funds have been paid or will be paid to any person for influencing or a~tempdng to influence an oflceror employee of any agensy; a Member of Congress, an o~cer or employee of Congress, or an employee of a Member of Congress in connection with this Federal conbact, grant, loan, o¢ cooperative' agreement, the undersigned shall complete and submit Standard ForrmLLL "Disclosure Form to Report Lobbying," in~ceerdance with its instructions. (3) The undersigned shall require that the language of this certificetlon be indeded in the:award d6cements for ail subawards at ail tiers .(including subcontracts, subgrants; and contracts under.grants, loans, and cooperative-agreements) and that all subredpients shall certify accordingly. This certiticetion is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entedng into this transaction imposed by Sec'don 1352, title 31, U.S. Code. Any person who fails to file the required cer[fficafien shall be subject to advil permlb/of not'less than $10,000 and not more than $100,000 for each such failure. As the auth0dzed ce~fying official, I hereby certify that the above specified cer[ifi~ations are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Terrance M. Duggan, Mayor TYPED NAME AND IITLE DATE 12 EXHIBIT C SCOPE OF WORK CLG 02-14 City of Dubuque A. WORK ELEMENTS The City of Dubuque will complete an in-depth architectural/historic survey/evaluation of Dubuque's oldest commercial, residential and industrial neighborhoods in and around the central business district. This project represents Phase I11 in an architectural/historic survey/evaluation of the community, as shown on the enclosed map. Dubuque is a community well known for its historic beauty and, in particular, the Victorian architecture that makes up much of the existing five historic districts. This architectural theme was documented in the 1977 Kriviskey survey of the community. However, there are a great many other influences in Dubuque that are recorded in Craftsman, Colonial Revival and Classical building styles, among others. Dubuque's many architectural themes and historic contexts are recorded in the 2000 community assessment described in a multiple property document entitled "Dubuque The Key City; The Architectural and Historical Resources of Dubuque, Iowa, 1837-1955". Following this assessment, the City began a phased architecturallhistodc survey/evaluation of areas of the community. Completed in 2000, Phase I encompassed the Washington/Jackson/Elm neighborhood. Begun in 2000, and currently underway, Phase II involves the Lincoln/Rhomberg/Garfield neighborhood. The Phase Ill area was selected based on a number of factors: The 1977 Kriviskey survey and the 2000 community assessment both identified potentially significant properties in the downtown area. Section 106 reviews often are required for proper[les in this area for the City's programs for facade renovation, commercial and residential rehabilitation, and lead-based paint abatement. The creation.of a comprehensive downtown plan is underway for the Phase III area, and an inventory of the area's historic and architectural resources will enhance this planning process. This area is linked with the City's recent Vision Iowa grant for redevelopment of the riverfront, and the City's existing programs for downtown revitalization, and encompasses the Dubuque Main Street service area. The City Council now has the al~ility to review and approve (or deny) demolition requests in the area based, in part on the property's historical or architectural significance. A historic property inventory would evaluate the level of significance, and help the City Council make these decisions. Project objectives are: Identification of historic and architecturally significant properties is undertaken to the degree required to make decisions about eligibility. Results of identification activities are integrated into the preservation planning process. Identification of activities includes explicit procedures for record keeping and distribution of information. Architectural themes and historic contexts are identified. Evaluation of the significance of historic properties is accomplished using established criteria. Evaluation of significance applies the criteria within identified historic contexts and architectural themes. Evaluation results in an inventory of historic properties that are consulted in assigning registration and treatment priorities. Evaluation results are made available to the public, to enhance and increase knowledge of and appreciation for the community's historical, architectural and cultural resources. The Phase Ill area includes 647 structures in the central business district, transitional mixed-use neighborhoods north and east of downtown, and a substantial industrial district east of downtown between the Dubuque County Courthouse and the U.S. 61/151 freeway. The subject area encompasses 285 acres in the heart of Dubuque. This area contains many commercial, industrial, vernacular and architecturally significant buildings. Many of the early downtown buildings are found in this area. The industrial zone is a cluster of large red brick factories and warehouses that represent the industrial heritage of Dubuque. The types of buildings in the Phase Ill area reflect a variety of architectural styles and materials. Structures range from single-stoW offices, restaurants and gas stations to multi-stoW offices, warehouses and factories built at many different periods in Dubuque's history. Brick and naive stone are the predominant buildfng materials. Many of the buildings are in good or fair condition. The Phase Iit area encompasses ti~e historic downtown neighborhoods, with some two-and three stoW residential buildings still fully residential. Other buildings house a mix of uses, with first floor retail/office use and dwelling units on the upper floors. For these residential structures, both wood and bdck are the predominant building materials. The Phase III area includes a number of landmark structures in the central business district, such as the Dubuqu8 County Courthouse, City Hall, Carnegie Stout Public Library, Grand Opera House, Five Flags Theater, U:S. Post Office, Ryan House, Masonic Temple, and the Town Clock. The Phase III architectural/historic survey evaluation will include an inventory, evaluation and data entry on the properties within the project area. The project consultant will use previous studies, archives at the Dubuque County Historical Society and the Center for Dubuque History at Loras College, and County records to gather data on the 647 properties in the Phase III area. Data will be collected and analyzed on property ownership, dates of construction, architects or contractors used, physical integrity and other relevant items that relate to the properties' significance as a National Register eligible property or district. Particular emphasis will be placed on the pre-1 950 structures. This data will then be used for the evaluation portion of the project. This project will require a professional with expertise in the field of archival survey and documentation. The consultant to be hired must meet the professional qualification standards as established by the Secretary of the Interior and the State Historical Society of iowa for history and architectural history. The consultant must have either a master's degree in American History, American Studies or a closely related field, or a bachelor's degree plus either two years full-time experience in research and writing, or teaching or substantial contribution to the field. In addition, the Cityls historic preservation staff person, historic preservation interns, and GIS (geographic information system) intern will be involved in the Phase ill project by assisting the consultant with project management, data collection, research, photography, data entry and map making. B. PRODUCTS The STATE will furnish the followinq: Please note some information is available on the Web 1. Copies of How to Complete the iowa Site Inventory Forms 2. Copies of Iowa Site Inventory Forms 3. Print File preservers for 35mm black and white negatives and prints 4. Print File preservers for 35mm color slides 5. Photograph/Catalog Field Sheets 6. One Historic-Architectural database (HADB) encoding form The CITY OF DUBUQUE will prepare the followinq products: 1. Two copies of the draft Request for Proposals (RFP) to be sent to qualified consultants 2. Two copies of the draft subcontract agreement with the consultant 3. Three copies of the fully executed subcontract agreement with the consultant 4. Three draft copies of the survey report; for historical and architectural survey projects, the report will follow the format of a Multiple Property Cover Document 5. Two copies of a project research design outlining the schedule of project activities and deadlines 6. The title page of the draft and final report and any other publications produced for this grant project will carry the following acknowledgments: "This Project has been funded with the assistance of a matching grant-in-aid from the State Historical Society of Iowa, Community Programs Bureau, through the Department of the Interior, National Park Service, under provisions of the National Historic Preservation Act of 1966; the opinions e~pressed herein are not necessarily those of the Department of the Interior." 'This program received Federal funds from the National Park Service. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in Federally Assisted Programs on the basis of race, color, national origin, age or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, 1849 C Street NW, Washington, DC 20240." 7. Two finished sets of typed Iowa Site Inventory forms, each set with at least one black and white photographic print enclosed in a Print-File type plastic sleeve 8. At least one black and white photograph will be taken of each surveyed proper[y; two contact sheets and one set of negatives for each roll of black and white film used during the survey 9. For any colored slides taken for the survey, prepare a copy 10. Two typed copies of "Photograph/Catalog Field Sheet" for each roll of black and white or colored slide film 11. A minimum of eleven copies of the final project report, to include five bound copies and one unbound, print-ready master copy 12. Two copies of one-page report summarizing project results 13. A completed Historic-Architectural Data Base (HADB) encoding form for summarizing report information The CITY OF DUBUQUE will distribute the products as follows: 1. One draft copy of the RFP to the STATE, for review, comment and approval; the CITY OF DUBUQUE will retain one copy for its file 2. One draft copy of the consultant subcontract to the STATE, for review, comment, and approval; the CITY OF DUBUQUE will retain one copy for its file. 3. One copy of the fully executed consultant subcontract will be sent to the STATE, one copy will be sent to the consultant, the CITY of DUBUQUE will retain one copy for its 4. One copy of the project research design will be submitted to the STATE for review and approval; the CITY OF DUBUQUE will retain one copy for its file 5. One contact sheet and negatives for each roll of black and white film, filed in a Print File print and negative preserver will be sent to the STATE; the CiTY OF DUBUQUE will keep the second contact sheet 6. A copy of all color slides taken, filed in Print File slide preservers, will be submitted to the STATE; the CITY OF DUBUQUE will keep the originals 7. A typed "Photographic/Catalog Field Sheet" accompanying each roll of black and white and color film will be submitted to the STATE; the CITY OF DUBUQUE will keep a copy of each completed sheet for its file 8. A draft copy of the survey report accompanied by a letter from the historic preservation commission indicating they have received a draft copy for review will be submitted to the STATE; one copy of the draft survey report should be reviewed by the CITY OF DUBUQUE (historic preservation commission, city council/board of supervisors, other related city/county departments or commissions); one copy should be made available for public review and comment 9. A sample of five to ten completed Iowa Site Inventory forms will be submitted to the STATE when the draft survey report is submitted for review 10. One finished set of typed Iowa Si.te Inventory forms with black and white photos in Print-File plastic sleeves will be submitted to the STATE; the CITY OF DUBUQUE will keep one set of Iowa Site Inventory forms for its inventory 11. Eleven copies of the final report; the CITY OF DUBUQUE will keep one print-ready, unbound copy and four bound copies for its inventory; the STATE will receive six bound copies 12. One copy of the one-page report, summarizing the project results, as required for all grant-funded activities will be submitted to the STATE; the CITY OF DUBUQUE will keep one copy for its file. 13. A completed Historic-Architectural Date Base (HADB) encoding form for summarizing report information will be given to the STATE. 14. Opportunity for training and/or public education for the Historic Preservation Commission and/or the general public in survey and evaluation, through volunteer assistance, project workshop, and one or more public presentations at the end of the project summarizing project work and findings. C. SCHEDULE January 2002 February 2002 Mamh 2002 ApfiI2002 May 2002 June 2002 'July-Dec. 2002 Jan-Mar. 2003 Apd12OO3 May 2003. June 2003 Contract signed by City and State; City Project Review Team formed. Draft request for proposals (RFP) submitted to State Historical Society for review. Issue RFP for project consultant. Review proposals, interview short list, and select consultant. Subcontract signed by City and consultant. Review resource material and begin windshield survey of project area; begin property research and data collection. Intensive site survey and on-site evaluation with photography in the project area; literature/archival research to develop historic contexts and architectural themes of project area; collection of specific neighborhood information. Analysis of data and sites; report drafted for review and comment. Review of draft report and public presentation. Iowa Site Inventory Forms completed; photography completed and attached to site forms. Final report submitted; public presentation. D. REIMBURSEMENT SCHEDULE Payments by the State shall be made upon receipt of billing invoices from the CLG that relate expenses being billed to budgeted expenses identified in Exhibit E. Each payment request will be audited by the State to insure that sufficient progress has been made in support of the invoice. Timety submission of products is essential for reimbursement. Claims for reimbursement must be accompanied by a progress report. Claims must be submitted to Cynthia Nieb, Director, SHSI Grant Programs & Community Development, State Historical Society of Iowa, New Historical Building, 600 East Locust, Des Moines, iowa 50319- 0290. The following payment schedule will be used: Approval of draft report up to 70% of grant Approval of all products 100% of the grant EXHIBIT D BUDGET Expenditure ~ A* Federal **B Applicant Applicant Cash Match in-Kind Match Projection Consultants Fees $8,750.00 $10,000.00 $10,000.00 375 hours at $50 per hour Consultant per Diem $2,000.00 20 days at $100 per day Consultant mileage $975.00 3000 miles at $.325 per mile Historic Preservation $1,500.00 $1,500.00 and GIS Interns 200 hours at $7.50 per hour Film/developing $2,500.00 Photocopying/pdntin $2,500.00 g of draft and final reports Telephone/fax $400.00 Supplies $750.00 Postage $125.00 City staff Project $500.00 $500.00 Management 20 hours at $25 per hour Totals $18,000.00 $12,000.00 $10,000.00 $2,000.00 Grant Project Total $18,000.00 $12,000.00 $30,000.00