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HomeMy WebLinkAbout2 - Contract Administrator Submission_ Dept. of Archaeology and Historic Preservation Grant Agreement-Ivy Green Cemetery Grant (Executed)Grant No.: Grant Title: Effective Date: Expiration Date: Grant Amount: Federal Grant No.: CFDA No.: Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Grant Agreement Between Washington State Department of Archaeology and Historic Preservation and City of Bremerton FY20-90009-009 Ivy Green Cemetery Preservation Project March 1, 2020 June 30, 2021 $255497900 N/A N/A Grant Purpose Grant Purpose: Provide support for the preservation of the historic cemetery in Bremerton in Kitsap County. This agreement is made between The Department of Archaeology and Historic Preservation hereinafter referred to as the DEPARTMENT, and City of Bremerton hereinafter referred to as the GRANTEE. Parties' Contact Information DAHP Contact Person: Hannah Armitage (360) 586-3072 Email: hannah.armitage@dahp.wa.gov GRANTEE Contact Person: Jeff Elevado, 360473-5428 Email: jeff.elevado@ci.bremerton.wa.us Page 1 of 13 State of Washington • Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov h p goleal the past, slmpe the lulwe on Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-Q09 Section 1. Responsibilities of the Grantee A. The GRANTEE will perform or cause others to perform the work described in the "Scope of Work" (Attachment 2). Additional special conditions or specifics about the work required by this agreement, if any, are in attachments as enumerated and described in Section 2. The GRANTEE agrees to perform the work in accordance with any such special conditions or specifics. B. The GRANTEE understands that the work called for under this agreement must conform to state administrative requirements as they relate to the DEPARTMENT, and the GRANTEE agrees to comply with such requirements. c. The GRANTEE agrees to comply with the restrictions of lobbying with appropriated funds: No part of the money appropriated by any enactment of State Legislation shall, in the absence of express authorization by such, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner an elected official, to favor or oppose, by vote or otherwise, any legislation or appropriation by legislation, whether before or after the introduction of any bill or resolution D. The GRANTEE agrees to maintain records in a manner which will provide an audit trail to all expenditures reported to the DEPARTMENT. The GRANTEE agrees to keep these records for at least six years following the ending date of the grant. In the event that an audit of the GRANTEE or of the DEPARTMENT should take exception to any expenditure by the GRANTEE, the GRANTEE agrees to refund to the DEPARTMENT on demand the amount determined by the audit as due. In the event that the DEPARTMENT is required to institute legal proceedings to enforce this repayment provision, the DEPARTMENT shall be entitled to its costs thereof, including reasonable attorney's fees. When arranging for an audit, the DEPARTMENT should contact: Jeff Elevado Tel: 360473-5428 Email: jeff.elevado@ci.bremerton.wa.us 680 Lebo Blvd,. Bremerton, WA 98310 E. The GRANTEE agrees to pay all the costs involved in carrying out the terms of this agreement prior to seeking reimbursement as provided for in Section 2. A. When seeking reimbursement, the GRANTEE will submit a completed Page 2 of 13 State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov dohp prated the pa;l, 51�pe the future Im Allyson Brooks Pha, Director State Historic Preservation Officer GRANT NO. FY20-90009-009 reimbursement form in writing to the DEPARTMENT and provide such supporting documents as an affidavit of publication for newspaper advertising soliciting bids, contracts, photocopies of canceled checks and invoices, and other documents as may be requested by the DEPARTMENT. The DEPARTMENT will provide the GRANTEE with the reimbursement form and guidelines for fmancial reporting procedures. The GRANTEE agrees to submit its request for reimbursement within thirty (30) days following completion of the work. F. The GRANTEE agrees to provide the DEPARTMENT with acompletion / project report acceptable to the DEPARTMENT. The GRANTEE will submit this on or before the end date of this grant. The GRANTEE agrees that the DEPARTMENT shall have the right to withhold all or part of the funds under this grant pending receipt of an accepted completion / project report. Guy Tasa DEPARTMENT anthropologist shall have acceptance approval or denial of the completion / project report. G. The GRANTEE agrees that the "Budget" (Attachment 1) shall be a fmancial guide for the work called for by this agreement. The GRANTEE may exceed the budgeted amounts, but this shall in no way obligate the DEPARTMENT for a greater amount than the Grant Amount. In the event that the GRANTEE should spend less than the budgeted amount on an object or element in the Budget, the DEPARTMENT may either reduce its obligation proportionately or it may terminate this agreement. The GRANTEE agrees to maintain records which will render an accurate accounting of each element or object in the Budget. The actual expenditures for the amounts reflected in the Budget may vary by 15 percent without requiring an amendment to this grant agreement. x. The GRANTEE agrees that the DEPARTMENT shall have the right to terminate this agreement if the GRANTEE shall fail to fulfill in a timely and proper manner its obligations under this agreement or if the GRANTEE shall violate any of the covenants, conditions, or stipulations of the agreement. In case of such termination by the DEPARTMENT, the GRANTEE agrees to return to the DEPARTMENT within thirty (30) days of the effective date of termination, any payments made by the DEPARTMENT to the GRANTEE under the terms of this agreement or any portion of such payments as may be directed by the DEPARTMENT. Page 3 of 13 State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov do hpgolecl the post, shape the Wore Allyson Brooks Pha, Director State Historic Preservation Officer GRANT NO. FY20-90009-009 The GRANTEE agrees to submit evidence of completion of all work elements identified in the Scope of Work on or before the grant end date. GRANTEE acknowledges and understands that final work elements which do not conform to the terms and conditions of this agreement will not be reimbursed. �. The GRANTEE will maintain regular contact with the DEPARTMENT regarding the progress of the grant project. The GRANTEE agrees that the DEPARTMENT shall have the right to monitor the work called for by this agreement, J. The GRANTEE agrees that it, its agents, officers and employees, and any other person or entity performing any work under this agreement, are independent contractors and not employees of the State of Washington ("State"). x. State funds are the basis for this agreement. The GRANTEE certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any State department or agency. Should for any reason the State funds which are the basis for this agreement become withdrawn, reduced, or not appropriated by legislation the agreement may be terminated without penalty to the DEPARTMENT. L. To the fullest extent permitted by law, GRANTEE shall indemnify, defend and hold harmless the State, agencies of the State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the Agreement. GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subcontractor or its employees. Page 4 of 13 GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE'S or any subcontractor's performance or failure to perform the Agreement. GRANTEE's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The parties shall make every effort to resolve disputes arising out of, or relating to, this Agreement through discussion and negotiation. State of Washington •Department of Archaeology &Historic Preservation P.O. Box48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each parry and a third parry mutually agreed upon by the parties. The team shall attempt, by majority vote, to resolve the dispute. 1�i. The GRANTEE agrees to provide or purchase industrial insurance coverage, as applicable, prior to performing work under this agreement. The DEPARTMENT will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this GRANTEE, or any sub -grantee or employee of the GRANTEE, which might arise under the industrial insurance laws during performance of work under this agreement. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result to work performed under this agreement, those payments shall be made by the GRANTEE; the GRANTEE shall indemnify the DEPARTMENT and guarantee payment of such amounts. 1v. The GRANTEE agrees to include written acknowledgment of The Department of Archaeology and Historic Preservation support for all grant -related publications and public information materials including audio-visual and workshop materials. o. The GRANTEE agrees to any additional conditions as may be identified in amendments under Section 3 and attached to this agreement. P. There shall be no discrimination against any person employed by the GRANTEE in connection with work covered by or related to this agreement, or against any applicant for such employment, because of race, creed, color, sex, age, martial status, national origin, the presence of any sensory, mental, or physical handicap, or any other condition as set forth Chapter 49.60 RCW. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or advertising; layoff or termination; rates of pay or other forms of compensation and selection for training. The GRANTEE shall insert a similar provision in all subcontracts for services covered by this agreement. Page 5 of 13 During the performance of this agreement, the GRANTEE shall comply with all federal and state nondiscrimination laws, regulations and policies. State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Q. In accordance with legislative findings and policies set forth in Chapter 39.19 RCW the GRANTEE is encouraged in the participation and use of Minority and Women's Business Enterprise firms certified by OMWBE. R. The GRANTEE agrees to a $00.00 match of funds. 100%being the full amount of the let grant amount, zero percent, 00% being the match amount by the GRANTEE. Further, the GRANTEE agrees that any match specifically identified to this grant agreement by the GRANTEE the GRANTEE will not claim match directly earmarked or identified for this agreement as match for any other grant, agreement or contract. The DEPARTMENT has first and exclusive claim to match provided by the GRANTEE to this agreement as indirect eligible match to the National Park Service, Historic Preservation Fund awarded to the DEPARTMENT. DEPARTMENT: Grant Amount: $25,497.00 GRANTEE Minimum Grant Match Amount: $0.00. Section 2. Responsibilities of the DEPARTMENT �. The DEPARTMENT agrees to reimburse the GRANTEE one hundred (100) percent of its actual authorized expenditures for the purpose of this agreement, provided: Page 6 of 13 (1) The total paid by the DEPARTMENT shall not exceed the amount stipulated in the "Budget" (Attachment 1) as DEPARTMENT share. (2) All expenditures were incurred between the beginning and ending dates of the grant. (3) No expenditures have been previously claimed in any other grant from any agency of the state or federal govermnent. (4) The DEPARTMENT has authority to expend the funds required to meet the obligations contained herein. (5) The GRANTEE has met all requirements contained in this agreement. State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov golecl R._ ®nop=the Iuluie I Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-009 B. The DEPARTMENT agrees to consider requests from the GRANTEE for progress payments if, in the DEPARTMENT'S judgment, the public interest will be served by doing so and if such payments are administratively practical and provided appropriated funds are available for which to issue a progress payment. c. The DEPARTMENT may unilaterally terminate all or part of this contract, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this contract. The following attachments are hereby incorporated into and made a part of this agreement. Attachment #1 "Budget," consisting of pages. Attachment 42 "Scope of Work consisting of 1 pages. Attachment #3 "State Form A194 Invoice Voucher" to be used as basis for billing, consisting of 1 pages. Attachment #4 "Report of Services/ Labor Value Appraisal" form to be used by GRANTEE to document labor costs, consisting of 0 pages. Attachment #5 "Historic Preservation Easement," consisting of 4 pages. Attachment 46 "Historic Cemetery Grant Special Terms and Considerations," consisting of 1 pages. Section 3. Amendments This grant agreement may only be amended if such amendment is in writing (with the exception of the 15% variance for actual expenditures identified in Section 1.G), agreed to and signed by all the parties, and attached hereto. DEPARTMENT: GRANTEE: Depart✓ ch� logy and C Ity of Bremerton ByC�I� rooks, Director By: U W eeler, Mayor Date Date Page 7 of 13 State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov {Holed the past, shape the lulve in Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Attachment # 1 BudLyet ELEMENT/OBJECT Element STATE Dollars Hard Soft Total Match Match Protection and $14,145 $0100 $0,00 $14,145 Security Restoration and $5f792 $0,00 $0.00 $5f792 Preservation Interpretive $5,560 $0200 $0.00 $5,560 Displays Other $0.00 $0.00 $0300 $0000 Total Funding $25,497,00 $0100 $0000 $25,497.00 Request. Page 8 of 13 State of Washington • Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Attachment #2 SCOPE OF WORK The GRANTEE shall perform or shall cause to perform the following tasks. Protection &Security: Install a lockable, decorative iron gate with archway and concrete pillars at cemetery entry. Restoration &Preservation: Re -roof Caretaker's house with architectural shingles. Interpretive Displays: Create and install interpretive and wayfinding signage. A minimum of (1) vinyl sign framed in metal will be created with a history of the cemetery and a map. The GRANTEE shall provide final architectural/construction drawings and/or designs for the work noted above to the Washington Trust for Historic Preservation to ensure compliance with the stated plans before work begins. For fencing, signage, and lighting projects, please provide specifications/details on the proposed products before purchase and installation, Page 9 of 13 State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Page 10 of 13 Ailyson Brooks Ph.D„ Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Attachment #3 State Form A-19 Invoice Voucher (attached) State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Attachment #3 FORM STATE OF WASHINGTON A19-1 A INVOICE VOUCHER AGENCY NAME Department of Archaeology &Historic Preservation 1063 S Capitol Way Suite 106 PO Box 48343 Olympia, WA 98504 8343 ATTN: � VENDOR OR CLAIMANT (warrant is to be pavable to) � This form provided for illustration purposes only. Grant staff will work with you to fill this out when your project is complete and you are ready for reimbursement. AGENCY USE ONLY AGENCY NO, CONTRACT NO, OR GA AUTH. NO, 103 INSTRUCTIONS TO VENDOR OR CLAIMANT: In the absence of a detailed invoice, submit this form to claim payment for materials, merchandise or services. Show complete detail for each item. Vendor's Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimination because of age, sex, marital status, race, creed, color, national origin, handicap, religion, or Vietnam era or disabled veteran status. By: (Title) (Sign in ink) (Date) DATE DESCRIPTION QUANTITY UNIT PRICE AMOUNT Restoration & Preservation Interpretive Displays Protection & Security Total: PREPARED BY (Fiscal) DATE DIVISION APPROVAL DATE DOC DATE CURRENT DOC NO REF DOC NO VENDOR NUMBER VENDOR MESSAGE SUF TRANS CODE M O D FUND APPN INDEX PROGRAM INDEX SUB OBJI SUB SUB OBJ CNTY CITY PROJECT AMOUNT INVOICE NUMBER GENERAL LEDGER APPROVED FOR PAYMENT BY FISCAL DATE WARRANT TOTAL Approved CTED Form A19-IA (10/15/95) LL .l l p�olaci Il,e pall. shopa the lulu. Page 11 of 13 Allyson Brooks r a, Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Attachment #4 Report of Services/ Labor Value Appraisal "This Attachment intentionally left blank." State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Page 12 of 13 Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT NO. FY20-90009-009 Attachment #5 Historic Preservation Easement (attached) State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov hppiole,�I the post, shoPe the future Allyson Brooks Ph.D., Director State Historic Preservation Officer GRANT N©. FY20-90009-009 Attachment #6 HISTORIC CEMETERY GRANT SPECIAL TERMS AND CONDITIONS 1) If specifically required by the Department, Grantee agrees to record a Historic Preservation Easement in a form as specified by the Department. 2) Grantee agrees to proactively maintain the historic cemetery for a minimum often (10) years, in accordance with the terms of this Grant Agreement. If within a period of ten (10) years, action is taken with respect to the historic cemetery which adversely impacts the work implemented using grant funds, grant funds shall be repaid in full within one year. Grantee will submit an annual monitoring form to program staff during this ten (10) year timeframe. 3j Grantee agrees to provide public access to the historic cemetery under reasonable terms and conditions, as set forth in Laws of 2007, Chapter 333, codified as RCW 27.344 4) All proposed work must be reviewed by program staff prior to any construction, repair, and/or installation of project elements, Elements proposed for installation, including but not limited to fencing, lighting, signage and interpretive elements must be submitted to program staff prior to installation. 5) The Historic Cemetery Preservation Fund ("Fund"), a program of the Department of Archaeology & Historic Preservation, shall be acknowledged on any materials produced and in publicity for the work performed under this Grant Agreement, Grantee agrees to post a sign acknowledging the Fund at the worksite for the duration of this Grant Agreement. Page 13 of 13 State of Washington •Department of Archaeology &Historic Preservation P.O. Box 48343 •Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov