City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01351 11/14/2023 Consent Item 17.
2023-2024 Certified Local Government Grant to Develop a Historic Context and Historical Resource Survey Focused on the LGBTQ+ Historic Experience in Sacramento File ID: 2023-01351
Location: Citywide
Recommendation: Adopt a Resolution authorizing the City Manager or the City Manager’s designee to: 1) enter into contract with the State of California for $40,000 in federal funding from California’s Historic Preservation Fund and commit to providing $26,667 matching funds for the purpose of developing a Historic Context and Survey focused on the LGBTQ+ Historic Experience in Sacramento; 2) accept and execute the grant agreement (Exhibit A), and submit any related documents necessary to support the grant award; 3) establish the LGBTQ+ Historic Experience (G21000800) grant project; 4) establish the revenue and expenditure budgets of $40,000 for G21000800 in the Operating Grant Fund (Fund 2702); and 5) transfer revenue and expenditure budgets in the amount of $26,667 from the General Plan Update (I22000000, Fund 2016) and expenditure budget in the amount of $34,400 from Community Development Department’s Fiscal Year 2023/24 operating budget (General Fund, F1001) to G21000800 for the grant match.
Contact: Sean de Courcy, Preservation Director, (916) 808-2796, [email protected], Community Development Department
Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-Certified Local Government Grant Agreement
Description/Analysis
Issue Detail: City staff requests execution of a contract with the California Office of Historic Preservation for a federal grant award to prepare a historic context statement and survey focused on the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) historical experience from the City’s late pre-colonial period to the recent past.
Policy Considerations: This project is part of a larger effort by the City’s historic preservation office
File ID: 2023-01351 11/14/2023 Consent Item 17.
to celebrate the historical experiences of Sacramento’s underrepresented and minority communities.
This effort recently resulted in the successful completion of the African American Experience project which included a similar scope of work.
The development of an LGBTQ+ Historic Context and the associated Historical Resources Survey supports implementation of specific 2035 Sacramento General Plan goals and objectives presented as part of the Historic and Cultural Resources Element (HCR). These include Goal HCR 2.1: The identification and preservation of the City’s cultural and historic resources to enrich understanding of our sense of place and of community pre-history and history, and Objectives HCR 2.1.1 (historic and cultural resource identification and protection) and HCR 2.1.13 (pursuit of funding to prepare historic surveys and context statements).
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): Approval of providing matching funding for a historic context and survey grant are not a project under the California Environmental Quality Act (CEQA) as the action has no potential to result in a direct change in the environment or a reasonably foreseeable indirect physical change.
Sustainability: Not applicable.
Commission/Committee Action: No official commission or committee Action has been taken on this item.
Rationale for Recommendation: An LGBTQ+ historic context statement and documentation effort would provide guidance for identifying and evaluating potential historic resources related to Sacramento’s rich LGBTQ+ history. Historic resources associated with Sacramento’s LGBTQ+ community are the product of the dynamic, conflicting, and intersecting perspectives of personal identity, public attitudes about human sexuality, and behavioral science theories concerning sex and gender.
At the current time, these undocumented resources lack the protection that comes from historical designation. Development pressure in Sacramento is more intense now than it has been in the City’s history with the highest intensity focused on the City’s urban core and the major transportation corridors, the same location where many of the LGBTQ+ resources are expected to be located both within and bordering the Lavender Heights neighborhood. These resources were typically housed in ordinary, non-descript structures lacking architectural design significance-many of them dating from the recent past-and that do not convey their important social-historical associations at a casual glance. Some of these structures have likely been altered in ways that obscure their original architectural character. A LGBTQ+ historic context statement and the targeted survey proposed as
File ID: 2023-01351 11/14/2023 Consent Item 17.
part of the grant-funded project will allow the City to identify and incorporate these resources into our historic preservation planning process and directly relates to Goal 2 of the Statewide Historic Preservation Plan to increase collaboration and partnership between preservationists and a diverse array of non-traditional partners.
Financial Considerations: As described in Attachment 3, the City of Sacramento was awarded $40,000 in Historic Preservation Fund (HPF) grant funding by the California Office of Historic Preservation (OHP). OHP requires a 40% local cost share for this HPF grant, or roughly $26,667.
This project is directly related to implementation of the Historic Preservation goals and policies described in the Sacramento 2035 General Plan. For this reason, staff requests approval of the Resolution in Attachment 2, which will authorize staff to secure the local cost share of $26,667, enter into a grant agreement with the OHP and develop a Requests for Proposals for qualified consultants to carry out the project scope.
Thre is sufficient funding in the General Plan Update (I22000000, Fund 2016) and the Community Development Department’s Fiscal Year 2023/24 operating budget to fund the local match requirement for the LGBTQ+ Historic Experience (G21000800) grant project.
Local Business Enterprise (LBE): Preference will be given to consultants who meet the LBE criteria as part of the public bidding process.
RESOLUTION NO. 2023-
Adopted by the Sacramento City Council
November 7, 2023
2023-2024 Certified Local Government Grant to Develop a Historic Context and Historical Resource Survey Focused on the LGBTQ+ Historic Experience in Sacramento (M23-005)
BACKGROUND
A. On February 8, 2023, the California Office of Historic Preservation solicited grant proposals for the Certified Local Government Grant Program 2023-2024 Grant Cycle as part of their administration of the Congressionally allocated Historic Preservation Fund.
B. On April 25, 2023, the City of Sacramento submitted a grant proposal to prepare a historic context statement and survey focused on Sacramento’s historical lesbian, gay, bisexual, transgender, and queer (LGBTQ+) experience in Sacramento.
C. The Grant proposal submitted by the City of Sacramento included a request for the maximum funding amount ($40,000) and the Certified Local Government Grant program requires a 40% local match ($26,667).
D. On July 14, 2023, the California Office of Historic Preservation notified the City of Sacramento the LGBTQ+ grant proposal had been accepted.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Manager or the City Manager’s designee is authorized to allocate a 40% grant match pursuant to the requirements of the Historic Preservation Fund Certified Local Government Grant requirements.
Section 2. The City Manager or the City Manager’s designee is authorized to accept and execute the grant agreement (attached as Exhibit A), and submit any and all related documents necessary to support the grant application and award.
Section 3. The City Manager or the City Manager’s designee is authorized to establish the LGBTQ+ Historic Experience grant project as G21000800.
Section 4. The City Manager or the City Manager’s designee is authorized to establish the revenue and expenditure budget of $40,000 in the Operating Grant Fund (Fund 2702) or the actual grant amount.
Section 5. The City Manager or the City Manager’s designee is authorized to transfer $26,667 revenue and expenditure budgets from the General Plan Update (122000000, Fund 2016) and $34,400 expenditure budget from the Community Development’s FY24 operating budget (General Fund, F1001) to the LGBTQ+ Historic Experience Grant (G21000800). Any funds not obligated for the grant match will be returned to the department’s operating budget or project.
Table of Contents
Exhibit A – Certified Local Government Grant Agreement
2023 HISTORIC PRESERVATION FUND GRANT
CITY OF SACRAMENTO
OCTOBER 1, 2023 - JANUARY 31, 2025 C08423006
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39 STATE DEPARTMENT OF PARKS AND RECREATION
ST
ATE HISTORIC PRESERVATION OFFICER
DPR 831 (8/89)(Excel 8/23/1999)
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATIONHISTORICAL RESOURCES PRESERVATION PROJECT AGREEMENT NATIONAL HISTORIC PRESERVATION ACT OF 1966
SUB9RANT PROGRAM
PARTICIPANT
PROJECT PERIOD PROJECT NUMBER
PROJECT SCOPE
PROJECT FUNDING
AGENCY
BY
TITLE
DATE
PARTICIPANT
CITY OF SACRAMENTO
BY
TI
TLE
DATE
The City of Sacramento, hereafter the Participant, will contract with a consultant that meets the Secretary of the Interior’s Professional Qualifications for history or architectural history as set forth at 36 CFR part 61, Appendix A, as appropriate, with the ability to work closely with the community partners, and knowledgeable in current federal, state, and local, standards and ordinances.
Specifically, the project activities will include:
Research: Secondary and primary source material about the LGBTQ+ experience in Sacramento.
Oral Histories: Completion of up to 15 oral history interviews with community elders, informal historians, and other important individuals identified with help from the community partners. Consultants will be required to incorporate relevant oral histories into the historic context narrative.
Community Outreach
: Community outreach will include development of a project website, and publicity on conventional and social media. Community workshops and listening sessions will be held to inform and shape the historic context statement.
Survey Component: Consultants will prepare a survey methodology for use in evaluating resources associated with the LGBTQ+ community. Consultants will also conduct an intensive level survey of the Lavender Heights area of Sacramento, a roughly twelve block area in the Midtown neighborhood that serves as the cultural center for the LGBTQ+ community in Sacramento. Consultants will identify extant resources associated with the LGBTQ+ community citywide and prepare five individual historical evaluations, outside the Lavender Heights survey area, on DPR523 forms. Consultants will include a list of all resources (including historical name, address, and historical themes) identified during development of the historic conte xt statement that may be historically significant but require additional research.
Historic Context Statement
: The final organizing document that will provide a foundation for the identification significant individuals, key events, and an evaluation of places and sites associated with the LGBTQ+ community.
All work shall be performed, and deliverables produced, in accordance with the Secretary of the Interior’s Standards for Preservation Planning, Identification, Evaluation and Registration when such standards are applicable.
PROGRESS REPORTS:
Participant shall submit to the State Office of Historic Preservation (OHP) regular progress reports, with specific deliverab les in accordance with the following schedule.
Progress reports will include any deliverables specified, detail the work accomplished to date, and identify and discuss and problems or issues that have the potential to adversely affect the scope or progress of the project.
OHP may ask for additional progress reports or drafts of work papers during the project period.
OHP reserves the right to withhold disbursements of up to half the grant amount until the final products have been determined to meet the Secretary of the Interior’s Standards. Participant may submit billings for partial payment as the wor k progresses.
Total costs supported by Federal grant P23AF01255 (CFDA 15.904) under the National Historic Preservation Act of 1966: Forty thousand dollars and no cents ($40,000.00).
Minimum contribution of the Participant to match Federal grant funds:
Twenty-six thousand six hundred and sixty-seven dollars and no cents ($26,667.00).
REPORT SCHEDULE
13 October 2023: On or before this date, Participant shall submit to OHP a draft consultant scope, for OHP’s review and comment prior to distribution.
1 December 2023: On or before this date, Participant shall submit to OHP a progress report which provides evidence that the following has been completed:
• After receiving OHP comment, Participant has released a bid letter (RFP) • Consultant has been selected
• Participant has executed the grant contract
• Participant has convened a kick-off meeting
22 March 2024: On or before this date Participant shall submit a progress report which will include the following:
• A brief summary of the results of research and community outreach to date • A discussion of any problems encountered to date
21 June 2024: On or before this date Participant shall submit a progress report which will include:
• A brief summary of historic survey efforts
• A brief summary of workshops and additional community outreach to date • A discussion of any problems encountered to date
25 October 2024: On or before this date Participant shall submit:
• A brief summary of Lavendar Heights survey efforts
• A brief summary of historic context statement work completed to date • A brief update on workshops and community outreach to date • A discussion of any problems encountered to date
6 December 2024: On or before this date Participant shall submit a progress report discussing the completion of any project related products, progress of ongoing work, and any issues for final products due in January 2025. 24 January 2025: On or before this date Participant shall submit all final products and a final performance report that summarizes the outcome of the project efforts, comparing actual accomplishments to planned objectives, a discussion of lessons learned, and an explanation of how project will be incorporated into local historic preservation planning efforts.
9 February 2025: On or before this date Participant shall submit the final Request for Reimbursement (DPR 417), with all claims for project costs incurred prior to the end of the project period (19 January 2025).
FINAL PRODUCTS, TO BE SUBMITTED ELECTRONICALLY, WILL INCLUDE:
• Final Performance Report (referenced above)
• Final LGBTQ+ Historic Context Statement and associated Survey Documentation.
The attached General and Special Provisions (12 pages) are incorporated and made a part hereof.
Additionally, the budget as submitted in the grant application, with revisions if approved by OHP, is incorporated by reference and made a part hereof.
GENERAL PROVISIONS
I. GENERAL
A. Performance
1. The Participant agrees to complete the project in accordance with this agreement.
2. The Participant shall perform all work and supply material necessary to complete the project described in the paragraph entitled "Project Scope:" on p.1 of this agreement within the period specified. Failure of the Participant to render satisfactory progress or to complete this or any other project which is subject to federal assistance under this program to the satisfaction of the OHP may be cause for suspension of all obligations of Interior and the State of California (State) under this agreement.
3. However, failure of the Participant to comply with the terms of this agreement shall not be cause for the suspension of all such obligations if, in the judgement of the OHP, such failure was due to no fault of the Participant. In such case, any amount required to settle at minimum costs any irrevocable obligations properly incurred shall be eligible for assistance under this agreement.
B. Cost Sharing/Matching Requirement.
1. At least 40 percent non-Federal cost-share/match is required for costs incurred under this Agreement. A minimum of 40 percent in eligible non-Federal cost share/match as identified on the cover page of this agreement, that is allowable and property documented, must be expended for work approved under Scope of Work during the Period of Performance in addition to the Federal grant share.
2. Non-monetary contribution may constitute part or all of the Participant's match. Valuation of such contribution shall be set forth by the OHP.
3. Failure to expend the required non-Federal matching share will result in the disallowance of costs reimbursed, and/or the deobligation of remaining unexpended funds.
4. Non-Federal cost share or match must meet the same requirements as the Federal share.
5. The OHP shall not pay federal funds hereunder if the Participant has used financial assistance under any other federal program or activity (not including federal revenue sharing funds, community block grants, and any other federal funds allowable as match) as a match on the project.
C. Agreement Amendment. This agreement may be amended only by agreement in writing executed by both of the parties hereto.
D. Agreement Termination
1. The Participant may, upon written notice to the OHP, unilaterally terminate this agreement at any time prior to the commencement of the project.
2. The OHP may, upon written notice to the Participant, unilaterally terminate this agreement at any time prior to the commencement of the project.
3. The project shall be deemed commenced when the Participant makes any expenditure or incurs any obligations with respect to the project.
4. After the project commences, the Participant and the OHP may terminate the agreement by mutual consent, in which case they shall negotiate termination conditions.
E. Non-Compliance. If the Participant materially fails to comply with the terms of the agreement, the OHP shall provide written notice of non-compliance, which states the nature of the deficiency. If the Participant is still not in compliance in thirty (30) days after receipt of the notice, the OHP may in addition to other remedies: (1) withhold cash payments until deficiency is removed; (2) terminate the agreement and make no further payments hereunder; (3) disallow costs; and (4) disqualify the Participant from further subgrants.
F. I
ndemnification. The Participant hereby waives all claims and recourse against the State i
ncluding the right to contribution for loss or damage to persons or property arising from, growing out
of, or in any way connected with or incident to this agreement, except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. The Participant shall indemnify the State and its officers, agents, and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, t he
or
ganization, development, construction, operation, or maintenance of the project. Participant shall waive and indemnify State only in proportion to and to the extent that such claims, damages, losses, costs, and/or expenses of indemnification are caused by or result from the negligent or intentional acts or omission of Participant, its officers, agents, or employees.
G. S
everability. This agreement shall be governed by the laws of the State of California. If any provision of the agreement, including without limitation these General Conditions shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any other way be affected or impaired.
H. S
urvival. Any and all provisions which, by themselves or their nature, are reasonably expected to be per
formed after the expiration or termination of this Agreement shall survive and be enf
orceable after the expiration or termination of this Agreement. Any and all liabilities, actual or contingent, which have arisen during the term of and in connection with this Agreement shall survive expiration or termination of this Agreement.
I. P
artial Invalidity. If any provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such provision to the parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
J. C
aptions and Headings. The captions, headings, article numbers and paragraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way shall be c
onstrued as defining or limiting the scope or intent of the provision of this Agreement nor in any way affecting this Agreement.
I
I. PROJECT EXECUTION
A. S
tandards. The Participant shall carry out its work in accordance with the "Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation", including s
tandards for planning, identification, evaluation, registration, historical documentation, architectural and engineering documentation, archaeological documentation, historic preservation pr
ojects, and professional qualifications, as published in the Federal Register, September 29, 1983 (Vol. 48, No. 190), pp. 44716 et seq..
B. Q
ualifications. If the project scope requires research in history, architectural history, or archeology, the Participant shall ensure that the principal investigator meets the applicable S
ecretary of the Interior’s professional qualifications standards. If the project scope requires architectural plans, the Participant shall ensure that the architect producing those plans meets the appl
icable Secretary of the Interior’s professional qualifications standards. If the project scope r
equires an expert practitioner in another field, the Participant shall ensure that such expert meets standards of education and experience similar to those of the Secretary of the Interior’s professional qualifications standards.
C. O
HP Review.
1. After selection of an employee or contractor to perform professional work outlined in the previous paragraph, but before making any financial commitment to that person, the Participant shall submit the person’s resume to the OHP for review. The OHP shall either approve or disapprove use of the person on the project within twenty (20) working days after receipt of the resume. The Participant may consider failure of the OHP to respond within the period to constitute approval.
2. When requested to do so by the OHP, the Participant shall make available to the OHP draft reports, studies, plans, drawings, or other preliminary documents prepared during the project.
The Participants shall permit periodic site visits by the OHP to ensure that work is progressing on scheduled and according to applicable instructions and standards.
D. Reporting.
1. As outlined in this agreement, or date approved by the OHP, the Participant shall furnish to the OHP all final work products mentioned in the project scope and elsewhere in this agreement.
2. Participant shall submit progress reports and interim work products on the dates indicated in this agreement. Progress reports shall be in such form and contain such information as the OHP instructs.
3. The OHP shall not be obligated to provide federal funds for work products that, in the opinion of the OHP, do not conform to the terms of this agreement or to the applicable Secretary of the Interior's Standards.
4. As outlined in this agreement, the Participant shall furnish to the OHP a final performance report, acceptable to the OHP, which compares actual accomplishments to planned objectives and, if appropriate, gives reasons that the objectives were not met as planned. The OHP shall provide further instructions for form the form and content of the final report.
III. FINANCIAL ADMINISTRATION
A. Financial Management. The Participant shall use a financial management system that: permits the preparation of financial reports required herein, permits the preparation of financial reports required herein, provides an accounting of funds expended on the project, and follows the standards set forth by the Office of Management and Budget Circulars referenced herein. The Participant shall expend funds only on allowable costs as set forth in the budget established in the approved project notification.
B. Determination of Value of Goods and Services. Goods in the form of equipment, whether owned, purchased, leased, or donated, will be valued on a use basis of actual costs of operation or of purchase or lease or prevailing costs of goods if donated. Residual market value of purchased equipment shall be credited to project costs upon completion. Goods in the form of supplies and material will be valued at actual direct costs to Participant or, if donated, according to the prevailing costs in the marketplace. Services will be valued in the actual amounts of salaries, wages, and direct overhead costs expended on the project.
C. Volunteer Services.
1. Volunteer services will be valued for contribution purposes at the rates paid for similar technical skills and work in other activities. Specific procedures for the Participant in establishing the value of in-kind contributions from non-Federal third parties are set forth below:
2. Valuation of Volunteer Services: Volunteer services may be furnished by professional and technical personnel, consultants, and other skilled and unskilled labor. Volunteered service maybe counted as cost sharing or matching if the service is an integral and necessary part of an approved program.
3. Rates for Volunteer Services: Rates for volunteers should be consistent with those paid for similar work in other activities of state and local government. In those instances in which the
required skills are not found in the Participant's organization, rates should be consistent with those paid for similar work in the 15 labor markets in which the Participant competes for the kind of services involved. Volunteers with no historic preservation education or experience may claim only the minimum wage rate.
4. Volunteers Employed by Other Organizations: When an employer, other than the Grantee, furnishes the services of an employee, these services shall be valued at the employee's regular rate of any (exclusive of fringe benefits and overhead costs), provided these services are in the same skill for which the employee is normally paid. This rate shall not exceed the maximum daily rate of compensation for a GS-18 position in the federal civil service, as established by law.
D. Billing.
1. Taking into account a four-to-six-week delay between the time a payment request is submitted to the OHP and the time the OHP provides the requested federal funds, the Participant shall submit its payment requests so as to minimize the time elapsing between receipt and disbursement of funds.
2. The Participant shall have sufficient working capital to ensure that the project progresses on schedule even though payments from the OHP are unexpectedly delayed.
3. When seeking reimbursements, the Participant shall base its billings upon financial records for both the federal and nonfederal shares of project costs which are supported by appropriate documentation. All reimbursement requests shall be accompanied by copies of timesheets, cancelled checks, receipts, etc., for OHP's verification before payment.
4. The Participant shall submit billings during the project period for this agreement. The final billing statement with documentation sufficient for audit dated prior to end of the contract period, shall be submitted with the Final Report as described in this agreement.
5. Participant may also submit supplemental billing statements during the project period with progress reports but must include an itemization of expenditures or receipts or timesheets of work completed.
6. The Participant shall submit billings on the billing statement form (DPR 417) prescribed by the OHP. The OHP need not make payment on billings submitted in other formats. The Participant shall submit billings in duplicate, each with an original signature, to: Office of Historic Preservation, Department of Parks and Recreation, ATTN: Fiscal and Grants Coordinator, 1725 23rd Street, Suite 100, Sacramento CA 95816. The Participant shall ensure that the billing form bears the signature of the Participant's project representative.
7. After reviewing each billing for accuracy and appropriateness, the OHP shall pay the least of the following: (a) sixty percent of the amount of the total project costs incurred during the billing period shown on the billing: (b) the amount of cash outlays made during the billing period as shown on the billing; and (c) the amount of federal grant funds available for support of the project as shown in the project funding section of this agreement.
8. The OHP will not reimburse more than ninety (90%) percent of allocated grant funds until the OHP has verified completion of the project, and if necessary, until an audit approval has been received by the OHP for the Audits Section of the Department of Parks and Recreation.
E. Approved Indirect Rate. The federally negotiated indirect rate plus administrative costs to be applied against this agreement shall not by statute 54 U.S.C. 302902, commonly known as Section 102(e) of the NHPA, exceed 25 percent of the total project cost. Indirect costs will not be allowable charges against this agreement unless specifically included as a line item in the approved budget incorporated into this agreement. If indirect costs are allowable charges, a copy of the Participant’s approved negotiated indirect rate shall be provided to the OHP.
F. Pre-Award Incurrence of Costs. The Participant shall be entitled to costs incurred on or after Start date. In accordance with 2 CFR 200.458, such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award and only with the
written approval of the Awarding agency. Pre-award costs shall only be applied to the non- Federal cost share and are not eligible for reimbursement.
IV. CHANGES
A. Budget. The Participant and OHP understand that the Participant is permitted to re-budget within the approved direct cost budget to meet unanticipated requirements and may make program changes to the project.
B. OHP Approval. Notwithstanding the provisions of the foregoing paragraph, the Participant shall obtain from the OHP prior approval for: (a) any substantive revision of the scope, objectives, or budget of the project; (b) extension of the need for federal funds; (c) changes in key persons, including all persons filling positions for which the incumbent must meet the Secretary of the Interior's professional qualifications standards; (d) additional contracts or hiring to perform activities that are central to the project; and (e) new or revised performance or reporting milestones. The Participant shall make requests for such changes in writing. The OHP shall approve or disapprove in writing. If appropriate, the Participant and the OHP shall amend this agreement to include approved changes.
V. REPORTS AND RECORDS
A. General. All Participant financial and programmatic records, supporting documents, statistical records, and other grants-related records shall be maintained and available for access in accordance with 2 CFR 200-200.337 and the Historic Preservation Fund Grants Manual.
B. Service Records. Records of personal services contributions, whether paid or volunteer, shall include timesheets bearing the signature of the person whose time is contributed and of the supervisor verifying that the record is accurate. "Personnel Activity Reports" as specified in OMB Circular A-21 and its successors shall be acceptable as documentation of time spent on this project by "professional" and "professorial" staff. Volunteer records shall show the actual hours worked, the specific duties performed, and the basis for determining the rate of contribution.
These records shall be included with the audit material. The Participant shall keep such records, maps, and reports as the OHP and Interior prescribe, including records that fully disclose the dispositions by the Participant of federal grant funds, total cost of the project, the amount and nature of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.
C. Financial Records. During its regular office hours, the Participant shall make financial records available to the OHP, Interior, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of inspection, copying, and audit. The Participant shall provide copies of such records to the OHP if requested to do so by the OHP and shall retain such records for three years following project termination. Project records shall be retained by Participant for three years following project completion or longer until notification that the Federal audit covering the project has been closed.
D. Single Audit Act. If a local government, the Participant shall comply with the Single Audit Act of 1984, and furnish the OHP with a copy of the audit report within thirty (30) days after issuance. If a university or nonprofit organization, the Participant shall comply with the audit requirements of OMB Circular A-133. The Participant shall reimburse the OHP for costs disallowed during an audit.
E. Publications. In regard to all copyrightable material, which are produced as a deliverable under this project, including but not limited to books reports, plans, photographs, drawings, films,
recordings, videotapes, and computer programs, which are produced as part or result of this project, the Participant must grant the United States of America a royalty-free non-exclusive and irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without limitation, and to authorize or ratify publication, reproduction or use of others, of all copyrightable material first produced or composed under this Agreement by the Participant, its employees or any individual or concern specifically employed or assigned to originate and prepare such material.
1. Any publications resulting from the project shall contain the following statements: "The activity which is the subject of this (type of publication) has been financed in part with Federal funds from the National Park Service, Department of the Interior, through the California Office of Historic Preservation. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior or the California Office of Historic Preservation, nor does mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior or the California Office of Historic Preservation. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally-assisted programs on the basis of race, color, sex, age, disability, or national origin. 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, P.O. Box 37127, Washington, D.C. 20013-7127
2. The Participant shall provide three copies of all publications to the OHP no later than at the end of the project period.
VI. OTHER REQUIREMENTS
A. OMB Circulars and Other Regulations. The following Federal Regulations are incorporated by reference into this Agreement (full text can be found at http://www.ecfr.gov):
1. Administrative Requirements:
a. 2 CFR 200,“Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”
2. Determination of Allowable Costs:
a. 2 CFR 200, Subpart E, "Cost Principles”
3. Audit Requirements:
a. 2 CFR 200, Subpart F, “Audit Requirements”
4. Code of Federal Regulations/Regulatory Requirements:
a. 2 CFR 182 and 1401, "Government-wide Requirements for a Drug-Free Workplace" b. 2 CFR 180 and 1400, "Non-Procurement Debarment and Suspension" (previously located at 43 CFR, 42, "Government wide Debarment and Suspension (NonProcurement)") c. 43 CFR 18, "New Restrictions on Lobbying"
d. 2 CFR 175, "Trafficking Victims Protections Act of 2000" e. FAR Clause 52.203-12, Paragraphs (a) and (b), “Limitation on Payments to Influence Certain Federal Transactions”
f. 2 CFR 25, “System for Award Management (www.SAM.gov) and Data Universal Numbering System (DUNS)”
g. 2 CFR 170,"Reporting Subawards and Executive Compensation" or FFATA (Refer to XII.B.11)
B. Non-Discrimination. All activities pursuant to this Agreement shall be in compliance with the requirements of Executive Order 11246, as amended; Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §2000d et seq.); Title V. Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §6101 et seq.); and with all other federal laws and regulations prohibiting discrimination on grounds of race, color, sexual orientation, national origin, disabilities religion, age, or sex.
C. Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public Law 107-273, Nov. 2, 2002. No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter printed or written matter, or other device, intended or designed to influence in ay any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Members or official, at his request, or to Congress or such official, through the proper official channels, requests for legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere, with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violation of section 1352(a) title 31. In addition to the above, the related restrictions on the use of appropriated funds found in Div. F, §402 of the Omnibus Appropriations Act of 2008(P.L. 110-161) also apply.
D. Anti-Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations.
E. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is national policy to award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this policy and encourages all recipients of its Grant Agreements to take affirmative steps to ensure such fairness by ensuring procurement procedures are carried out in accordance with the Executive Order.
F. Assignment. No part of this Agreement shall be assigned to any other party without prior written approval of the OHP and the Assignee.
G. Member of Congress. Pursuant of 41 U.S.C. §22. No Member of Congress shall be admitted to any share or part of any contract or agreement made, entered into, or adopted by or on behalf of the United States, or to any benefit to arise thereupon.
H. Agency. The Participant is not an agent or representative of the United States, the Department of the Interior, NPS, or the State, nor will the Participant represent its self as such to third parties.
NPS and State employees are not agents of the Participant and will not act on behalf of the Participant.
I. Non-Exclusive Agreement. This Agreement in no way restricts the Participant or OHP from entering into similar agreements or participating in similar activities or arrangements, with other public or private agencies, organizations, or individuals.
J. No Employment Relationship. This Agreement is not intended to and shall not be construed to create an employment relationship between NPS or OHP and Participant or its representatives.
No representative of Participant shall perform any function or make any decision properly reserved by law or policy to the Federal government.
K. No Third-Party Right. This Agreement creates enforceable obligations between NPS, OHP and Participant. Except as expressly provided herein, it is not intended nor shall it be construed to
create any right of enforcement by or any duties or obligation in favor of persons or entities not a party to this Agreement.
L. Foreign Travel. The Participant shall comply with the provisions of the Fly American Act (49 U.S.C. 40118). The implanting regulations of the Fly American Act are found at 41 CFR 301-
10.131 through 301-10.143.
M. Public Information and Endorsements
1. Participant shall not publicize or otherwise circulate promotional material (such as advertisement, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies governmental, Departmental, bureau, or government employee endorsement of a business, product, service, or position which the Participant represents. No release of information relating to this award may state or imply that the Government approves of the Participant's work product to be superior to other or services.
2. Participant must provide a digital copy of any public information releases concerning this award that refer to the Department of the Interior, National Park Service, OHP or Historic Preservation Fund. Specific text, layout photographs, etc. of the proposed release may be submitted for prior approval.
3. As stipulated in 36 CFR 800, public views and comments regarding all Federally-funded undertaking on historic properties must be sought and considered by the authorizing Federal agency. Therefore, the grantee is required to post a press release regarding the undertaking under this grant in on or more major newspapers or news sources that cover the area affected by the project within 30 days of receiving the signed grant agreement. A copy of the posted release must be submitted to NPS within 30 days of the posting.
4. The grantee must transmit notice of any public ceremonies planned to publicize the project or its results in a timely enough manner so that NPS, Department of the Interior, Congressional or other Federal officials can attend if desired.
N. Publications of Results of Studies. No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publications of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with other; however, in all cases proper credit will be given to the efforts of those parties contribution to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion.
O. Audit Requirements
1. Non-Federal entities that expend $750,000 or more during a year in Federal awards shall have a single or program-specific audit conducted for that year in accordance with the Single Audit Amendments of 1996 (31 U.S.C. 7501-7507) and 2 CFR 200, Subpart F.
2. Non-federal entities that expend less than $750,000 for a fiscal year in Federal awards are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and General Accounting Office (GAO).
3. Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR 200, Subpart F, as applicable. Additional information on single audits is available from the Federal Audit Clearinghouse at https://harvester.census.gov/facweb/Default.aspx.
P. Procurement Procedures. A full description of procurement standards can be found in 2 CFR 200.317-200.326.
Q. Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving. Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009. This Executive Order introduces a Federal Government-wide prohibition on the use of the text messaging while driving on official business or while using Government-supplied equipment.
Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or -rented vehicles, government-owned, or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government.
R. Seat Belt Provision. The Participant is encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them.
S. Participant Employee Whistleblower Rights and Requirement to Inform Employees of Whistle-blower Rights.
1. This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistle-blower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act of Fiscal Year 2013 (P.L. 112-239).
2. The Participant shall inform its employees in writing, in the predominant language of the workplace, of employee whistleblower rights and protections under 41 U.S.C. 4712.
3. The Participant shall insert the substance of this clause, including this subsection (3), in all subawards or subcontracts over the simplified acquisition threshold, 42 CFR 52.203-17 (as referenced 42 CFR 3.908-9).
T. Reporting Executive Compensation
1. Participant must report all subaward and executive compensation data pursuant to the Federal Funding Accountability and Transparency Ace (FFATA) of 2006 and associate amendments (P.L. 109-282, as amended by section 6202(a) of P.L. 110-252 (see 31 U.S.C. 6101 note)). Refer to https://www.fsrs/gov/
for more information.
U. Conflict of Interest
1. The Participant must establish safeguards to prohibit its employees from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Participant is responsible for notifying the Awarding Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the Participant or its employees in a position of conflict, real or apparent, between their responsibilities under the agreement and nay other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Participant and/or Participant's employees and Sub-recipients in the matter.
2. The Awarding Officer and the servicing Ethics Counselor will determine if a conflict of interest exists. If a conflict of interest exists, the Awarding Officer will determine whether a mitigation plan is feasible. Mitigation plans must be approved by the Awarding Officer in writing.
3. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.338, Remedies/or Noncompliance, including suspension or debarment (see also 2 CFR part 180).
V. Minimum Wages Under Executive Order 13658 (January 2015)
1. Definitions. As used in this clause:
a. "United States" means the 50 states and the District of Columbia. b. "Worker"
i. Means any person engaged in performing work on, or in connection with, an agreement covered by Executive Order 13568; and
ii. Whose wage under such agreements are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
iii. Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR 541. iv. Regardless of the contractual relationship alleged to exist between the individual and the employer.
v. Includes workers performing on, or in connection with, the agreement whose wages are calculated to special certificates issued under 29 U.S.C. §214(c). vi. Also includes any person working on, or in connection with, the agreement and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
2. Executive Order Minimum Wage rate.
a. The Participant shall pay to workers, while performing in the United States, and performing on, or in connection with, this agreement, a minimum hourly wage rate of $10.60 per hour beginning January 1, 2016.
b. The Participant shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the Secretary of Labor's annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determination in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on https://sam.gov/content/wage- determinations (or any successor Web site) and on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. The applicable published E.O. minimum wage is incorporated by reference into this agreement.
c. The Participant may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only if labor costs increase as a result of an increase in the annual E.O. minimum wage, and for associated labor costs and relevant subaward costs. Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
i. Subrecipients may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Participants shall consider any Subrecipient requests for such price adjustment.
ii. The Awarding Officer will not adjust the agreement price under the clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provide duplicate price adjustments with any price adjustment under clauses
implements the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
d. The Participant warrants that the prices in this agreement do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. e. The Participant shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Participant may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR §10.23,Deductions.
f. The Participant shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof. g. Nothing in this clause shall excuse the Participant from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.
h. The Participant shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate. i. The Participant shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30.00 a month in tips.
3. This clause applies to workers as defined in Section 1.b of this agreement condition. As provided in that definition:
a. Workers are covered regardless of the contractual relationship alleged to exist between the Participant or Subrecipient and the worker;
b. Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and
c. Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
4. This clause does not apply to:
a. Fair Labor Standards Act (FLSA) - covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the agreement, but who are not directly engaged in performing the specific work called for by the agreement, and who spend less than 20% of their hours worked in a particular workweek performing in connection with such agreements; b. Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. §213 (a) and (b), unless otherwise covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to:
i. Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. §214(a).
ii. Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. §214(b).
iii. Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. §213(a)(1) and 29 CFR 541).
5. Notice. The Participant shall notify all workers performing work on, or in connection with, this agreement of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Participant shall post notice, utilizing the poster provided by the Administrator, which can be
obtained at www.dol.gov/whl/govcontracts, in a prominent and accessible place at the worksite. Participants that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the Participant, whether external or internal, and customarily use for notices to workers about terms and conditions of employment.
6. Payroll Records
a. The Participant shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
i. Name, address, and social security number,
ii. The worker's occupation(s) and classification(s);
iii. The rate or rates of wages paid;
iv. The number of daily and weekly hours worked by each worker; v. Any deductions made; and
vi. Total wages paid.
b. The Participant shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Participant shall also make such records available upon request of the Contracting Officer. c. The Participant shall make a copy of the agreement available, as applicable, for inspection or transcription by authorized representatives of the Administrator. d. Failure to comply with this paragraph (e) shall be a violation of 29 CFR §10.26 and this agreement. Upon direction of the Administrator or upon the Awarding Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. e. Nothing in this clause limits or otherwise modifies the Participant's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.
7. Access. The Participant shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.
8. Withholding. The Awarding Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld from the Participant under this or any other Federal agreement with the same Participant, sufficient to pay workers the full amount of wages required by this clause.
9. Disputes. Department of Labor has set forth in 29 CFR §10.51, Disputes concerning the Participant’s compliance with Department of Labor regulations at 29 CFR §10. Such disputes shall be resolved in accordance with those. This includes disputes between the Participant (or any of its Subrecipients) and the contracting agency, the Department of Labor, or the workers or their representatives.
10. Antiretaliation. The Participant shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.
11. Subcontractor compliance. The Participant is responsible for Subrecipient compliance with the requirements of this clause and may be held liable for unpaid wages due Subrecipient workers.
W. Patents and Inventions. Participants of agreements which support experimental, developmental, or research work shall be subject to applicable regulations governing patents and inventions, including the government-wide regulations issued by the Department of Commerce at 37 CFR 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements. These regulations do not apply to any agreement made primarily for educational purposes.