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09-0604_NATIONAL PARK SERVICES_Grant AgreementUnited States Department Interior NATIONAL PARK SERVICE 1849 C Sveet, N.W. Washington,1D.C. 20240 Grant Agreement No. 06 -08 -ML -0712 Upon signature of both .patties below, the National Park Service (NPS) will have obligated with this Grant _ Agreement the amount of $197,000 appropriated from the Historic Preservation Fund for the Save America's Treasures Grant Program by Public Law 110-161, which provides Fiscal Year 2008 appropriations to the Department of the Interior. The term of this grant agreement is: Beginning Date: April 1, 2008 Ending Date: April 30, 2010 In accepting this grant for the preservation of Sari yuan Capistrano .historic Adobe Preservation Project' evidenced by signature below, the City of San Juan Capistrano, CA agrees to comply with 'Department of the Interior regulations and requirements governing Federal grants sfpulated in Office of Managemcntatid Budget (OMB) Circular A-102 (administrative Requirements for Grants to State and Local Governments; see 43 CFR 12.42.-12.92'); Circular A-87 (Cost Principles for -State and Local Governments); and Circular A--133 (Audits of Institutions of higher Education and other NonProhts). These requirements are Hereby incorporated by reference into this grant agreement. In accordance with 18 US.C, 1913, none of these funds may be used for lobbying purposes as defined in the special conditions contained on the following pages. "These special conditions are also hereby incorporated into this grant award. The terms and conditions of this grant award shall be extended to sub.recipients and subcontractors. In witness thereof, the parties have executed this grant agreement as of the date entered below: CITY OF SAN ,DUAN CAPISTRANO, CA NATIONAL PARK SERVICE City Manager Chie , 1'is otic Preservation Grants Division Date signed Date signed- cc: igned ec: CA State Historic Preservation Office (SHPO) Attachments: SF 424 Application for Federal Assistance Budget Changes/Special Grant Conditions Grant Agreement (Page 2 of 7) APPLICATION AND BUDGET" CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE; ENDING DATE: 06 -08 -ML -0712 April 1, 2008 April 30, 2010 Tlie terns of the grant award include the following special conditions necessary to obtain the objectives of the grant, facilitate administration of the grant, and k) protect the interests of the Federal. Government, Grantee noncompliance with these terms and conditions and the requitements of Office of Managernentand Budget: (0ti113) Circulars .A-102 and A-87 will cause disallowance of costs incurred under the grant. Inaddition to other lawful remedies, in the event of noncompliance with any grant conditions, the grant may be suspended, terminated or annulled pursuant to 0,N/I3 Circular A-102 (see 43 CFR 12.83 - 12.84). The grantee shall not assign or otherwise transferftnaI responsibility for this Grant Agreement, the grant, or the project to any third party. The execution of subcontracts shall not alter or modify the obl.igadons of the grantee. However, the grantee may subcontract for performance of projectrelated work summarized in this Grant Agreement. The grantee inust administer this grant award free from conflict of interest, bribery, "kickbacks," cost -plus -a -percentage -of -costs contracts, and other procurement practices prohibited by 43 CFR 12.944. S )ecial Condition #1 Limitations on Grant Ex enditures The term of availability of these grant funds is from April 1, 2008, through April 30, 2010. All costs incurred must be billed to NPS by July 21, 2010. Expenses charged to this grant may not be incurred piior to the beginning date specified. above, or subsequent to the grant end date specified above (unless the Grant Agreement's end date is formally extended in writing by NPS). Such expenditures may not exceed the maximum limits shown onthis grant award, or amendments subsequently approved in writing by NPS. The grantee assn nes fiscal liability, without recourse to NPS, for commitments that exceed the funds provided in the Grant Agreernent. Special Condition #2, Allowable Costa All costs charged to the rant: must be directly related to and necessary for the achievement of the approved objectives and budget of this grant, as specified in Grant Condition #15, below, unless an amendment. is approved in writing by NPS. Expenses charged must be incurred only for eligible costs in accordance with OMB Circular 2V-102 and OMB Circular A-87; and supported by approved contracts, purchase orders, requisitions, bills, or other evidence of liability consistent with generally established purchasing procedures and generily accepted accounting principles. Special Condition #3 Nonfederal Matching Share At least $197,000 in eligible nonfederal matching contribau'ons that are allowable and properly documented in accordance with 43 CFR 12.923 must be used during the grant period to share the costs for this grant. Failure to use the required nonFederal snatching share will result .in the disallowance of costs reimbursed, and/or the deobligation of remaining unexpeided funds. However, if less than $227,250 in eligible nonfederal matching snare is expended on the project, than a written amendment request to revise the approved grant budget and scope of work must be submitted to the NI'S grant awarding official. Special Condition #4 Fundraising Costs; In accordance with OMB Circular A-87, Attachment B, Item 21, costs of fundraising are not eligible costs chargeable to tlae grant for reimbursement or as eligible Nonfederal matching share contributions. Grant Agreement: (Page 3 of 7) APPLICATION AND BUDGET CHANGES/ SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 06 -08 -ML -0712 April 1, 2008 April 30, 2010 Special Condition #7, Performance Reports .An acceptable Interim Progress Report must be submitted to NPS every six months during the grant period, with the .initial. Progress Report due not: later than October 312008, and the next: report due not later thanApril 30, 2009. An acceptable Final Progress Report must be submitted by July 31, 2010. .Failure to submit acceptable progress reports by the dates specified, and in the format prescribed by NPS, may result in suspension of funds or other action. Interim Reports and the Final Report must include the Standard Form 269A, Financial Status Report, which is used to document fn-iancial obligations and outlays during the previous reporting period.N'PS normally requires that the initial report: must include several photographs showing the condition of the property prior to beginrrig project work, however, these photographs have already been submitted by the grantee. The Interim Reports .may include digital photos but the Final Report must include slides or photographs showing all of the finished work. The grantee agrees to maintain close liaison with the NPS Grant Awarding Official throughout the grant period. NPS reserves the right to request meetings, upon reasonable notice, with grantee project staff at intervals during the course of project work. The grantee agrees to promptJ, notify the NPS Grant Awarding Official should any of the following conditions become known to it: a) Problems, delays, or adverse conditions that will materially affect the ability of the grantee (or its subcontractors, if any) to attain project objective4 prevent the project from meeting planned timetables, or preclude the completion of approved work; b) The need for adjustment (revision) to the project budget; and c) The lack of nonfederal matching share to meet the ainount required by this Grant Agreeznent. Interim and Final Reports should be sent to your grant reviewer's attention at: the National Park Service in Washington, IDC. Mailing address: 1849 C Street, NW (org code 2236), Washington, DC 2.0240, physical address: 1201 Eye St. NW (6=), Floor), Washington, DC 20005. Reports may also be faxed or emailed to NPS if approved by your grant manager. Special. Condition #6 Prior..Approval Re uirements The grantee may not, without written approval by the NPS grant awarding official (that official whose signature/title appears on the grant award document, or his designee), make changes in the approved scope of work or budget that would substantively alter the approved scope of,,vork (43 CFR 12 -925') - Special Condition #7 I..obbins Prohibitions Costs associated with activities or any form of communication designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation are unallowable as a charge to this grant. None of the funds awarded may be used to process any grant or contract documents which do not include the text of 18 US.C. 1913 prohibiting lobbying with appropriated funds. Recipients shall not use any part of the appropriated funds for any activity or for the publication or distribution of literature that inany way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete. Grant Agreement (Page 4 of 7) APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE. ENDING DATE: 06 -08 -ML -0712 April 1, 2008 April 30, 2010 S 3etial Condition #8 Debarment and Sus ension In accordance with Executive Order 12549 "Debarment and Suspension" the grantee and its subgrantees must not make any award. or permit any award (by subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under.Flxecut�e Order 12549. S12ecial Condition #9, Single Audit Report: The grantee shall obtain an audit of grant expenditure records in accordance with OMB Circular A 133, which requires a Single Agency Audit for any grantee who expends at: least $500,000 of Federal grant funds (from all sources) in a fiscal year. The audit reporting package and the Data Collection Form (SF -SAC) must be transmitted to the Federal Audit Clearinghouse, Data ]"reparation Division, U.S. Bureau of the Census, 1201 E. 10th Street, Jefferscoville, Indiana 47132, within 30 days after receipt of the auditor's report or nine months after the end of the audit period, whichever is earlier. A reasonable proportion of the costs of an acceptable audit performed in accordance with OMB Circular A133 may be charged to this grant The SF -SAC information can be completed on line. The web address for the F'edcral Audit Clearinghouse is: http//harcester.census.gov/sac/. Slinult:aneously, the grantee must submit the audit reporting package and a signedcopy of the Data Collection Forth for Reporting on Audits of States, Local Governments, and NonProfit Organizations, SF -SAC, to the National Park Service. .Special Condition #10 Record Keeping. The grantee must .maintain the property, personnel, financiaj procurement and other records and accounts pertinent to the funds awarded by this grant in accordance with 43 CFR 1Z The grantee, and its contractors will permit onsite inspections by NPS representatives, and will effectively require employees and board members to furnish such information as, in the judgment of NPS representatives, may be relevant to a ques't'ion of compliance with grant conditions and directives on the effectiveness, legality and achievements of project work. Special Condition #11; Access to Records. The Secretary of the interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents,papers, and records of the grantee that are pertinent to the grant at all reasonable times during the period of retention provided for in 43 CFR 12. St�ecial Condition #12, Publicity and Press Releases Press releases about this project must acknowledge he grant assistance provided by NPS and copies of the press releases must be, provided to NPS. 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 tlr- Interior, Congressional or other Federal officials can attend. if desired. S ecial Condition #13 Publications. The grantee must include acknowledgment of NPS grant support and a nondiscrimination statement in all publications and videos assisted with gant monies and/or concerning NPS grant. supported activities. At least two copies of each publication and video concerning NPS grantassisted activities, or published with NPS grant assistance, must: be furnished to the .NPS Grant Awarding Official within 30 calendar days of publication. All publications, including video and audio tapes, must contain the following disclaimer and acknowledgement of NPS support: "This material is based upon work assisted by a grant: from the Department of the Interior, Natiorul Park Service. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views Grant Agreement (Page 5 of 7) APPLICATION AND BUDGET CHANGES/ SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 06 -08 -ML -0712 April 1, 2008 April 30, 2010 of the Department of the Interior." All consultants hired by the grantee must beinfort ed of this requirement. The National Parr Service shall have a rovalty=free right to republish any published material generated by this grant. Special Condition #14, Method of Past An SIS --270, RegnestjrAdvance or Reimburrement, must be faxed to the NPS Grant Awarding Official for approval of payment requests. After NTS has notified the grantee by fax or e-mail that the payment request is acceptable, the grantee can transmit the payment request on the SMARTLINK payiment system. Payment of gr<nt funds will then be trade by SMARTLINK. electronic transfer of funds to a specified bank account of the grantee. NPS approval of payment requests is based on satisfaction of grant conditions and documentation that matching funds have been expended at thesame rate as federal funds are requested.. The final 20% of the Federal grant will be held until all grant conditions are met, including submission of an acceptable Final Project Report and executed Preservation Easement, All approved advance payments must be expended within 30 days of the receipt of funds. An SF272, Cash Transaclion R6porl, must be completed and submitted to NPS at the end of the 30 days documenting that the advanced funds have been liquidated. Special Condition #17, Apt2roved Budget andScope of Work. The approved Summary of Objectives and Results to be performed with this grant award is as follows: Preparation of the Historic Structure Report for the Parra Adobe to provide information and recommendations; preparation of treatment plan and construction documents; and bidding and construction, in accordance with the S'emtary of the Intetior's .Slandardr for the Treatment of Historic Properties, including: Historically accurate reconstruction of the roof, ceiling and floor, drainage, walls, roof - wall connections and code and access upgrades. The approved budget is as follows: Budget Item Federal Share Non -Federal Total Personnel 84,250 84,230 Travel and Per Diem Supplies, Construction and-Iateiials Other 197,000 143,000 340,000 TOTAL GRANT (including norrFederal matching share) $197,000.00 $227,250.00 $424,250.00 Grant Agreement (Page 6 of 7) APPLICATION AND BUDGET` CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 06 -08 -ML -0712 April 1, 2008 April 30, 2010 Special Condition #16 Prea . reement Costs Any pteagree ment costs incurred must be approved in writing by NPS and authorized to be charged to this grant in accordance withOMB Circular A-122. Documentation of these preaward costs must be retained for review by the grantee's financial audit. #tectal Condition #17, NIPS Concurrence with Selection of Consultants The grantee must submit resumes and responses to its Requests for Proposals, along with its justification for which consultant(s) it selects for grant -assisted work to the NPS Grant Awarding Official for concurrence by NPS. The consultant(s) must have the requisite experience and training in historic preservation to oversee the construction work to be performed and to manage this complex project. Contractors must be competitively selected. Maximum hourly rates charged to this grant may not exceed 120% ofa Federal Civil Service GS -15, step 10 salary, which for FY 2008 is $85.67 per hour or $685.36 per day. Current salary tables can be found on the Office of Personnel and Management website: -,VWW.opm.gov. Special Condition #18. NPS Review of Architectural Plans and Specifications. The grantee must submit plans and specifications to the National Park Service for its review and approval for compliance with the Secretary of the Interior's SGandard-for the T reatmew of (irmrk Properl e.�; and with the Conditions listed in this Grant Agreement prior to the beginning of grant -assisted repair work on the property. St�ecial Condition #19, Compliance Nvith the Secretary of the Interior's Standards All grant -assisted repair work will be reviewed by NPS to ensure that it meets the Secretary of the Interior's Standards far tho Treatment of Historic Properties. Work that does not comply with these Standards in the judgment of NPS will not be reimbursed, and may cause the grant to be terminated and funds deobligated S12ecial Condition #20 Compliance with Section 106 of the National .historic Preservation Act Pursuant to Section 1.06 of t:he Act, NPS and the grantee must complete the consultation process stipulated in the regulations issued by the Advisory Council fat Historic Preservation in 36 CFR 800 prior to the commencement of construction work on the property. (Note that the NPS must receive a copy of the State Historic Preservation Officer's written approval of the methodology or plan to be used for any archaclogical testing or ground -breaking prior to conducting such testing or groundbreaking) NPS has initiated the Section 106 consultation process with the State Historic Preservation Officer. (SHPO), by notifying the SHPO of the grant and sending the SHPO acopy of the gxant application. Now, to complete the Section 106 review, the grantee must submit plans and specifications for the project to the SHPO. The grantee then must submit to the NPS Grant Awarding Official copies of the following: 1) any writtencomments grantee receives from the SHPO in response to submission of plans and specifications for the project, including any suggestions for modifying the project, and 2) the SHPO'8 written concurrence with the project as proposed or as modified. In the event that the grantee and the SHPO cannot reach agreement, the grantee must notify NPS in writing so that NPS may participate in the conclusion of the consultation. (Note that plans and specifications must also be submitted by the grantee to NPS in o.rdexto fulfill Grant Special Conditions #18 and 19). Special Condition #21 Requirement for Project Si The grantee must erect and maintain a project sign at the project site. This sign trust: be of reasonable and adequate design and construction to witistand weather exposure; be of a size that can. be easily read from the public rightof--way; and be maintained in place throughout the project term as stipulated in this Grant Agreement. At a mininnum, the sign must contain the following statement: "Construction of the narne of property] is being supported in part by a Save America's Treasures grant administered by the National Park Service, Department of theInterior." Additional information briefly identifying the historical significance of the property cu recognizing other contributors is encouraged and perinissible. Photographs of the sign must be submitted to NPSat the start of the Grant Agreement (Page7 of 7) APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 06 -08 -ML -0712 April 1, 2008 April 30, 2010 construction process The cost of fabricating and erecting this sign is an eligible cost for this grant. S12ecial Condition #22_ Requirement for Executing Preservation Easement The purpose of this grant is to preserve highly significant historic properties for future generations. Section 102(a)(5) of the National Historic Preservation Act requires that HPF grantees must: free to assume, after the completion of the project, the total cost of continued maintenance, repair and administration of the grantassisted property in a manner satisfactory to the Secretary of the Interior. Accordingly, the grantee must sign a Preservation Easement with the State Historic Preservation Officer, or to a nonprofit preservation organization acceptable to NPS, in the State where this property is located. The term of the Easement must run for at least 50 years from the end date of this Grant .Agreement. The Easement must be executed by registering it with the deed of the property. A draft copy of the Preservation Easement must be subinitted to the NPS Grant Awarding Official. for review and comment byOctober 31, 2008. Any revisions subsequently transmitted by NPS to the grantee must be incorporated into the Easement prior to the final release of funds by NPS. Special Condition #23; Federal I Iistoric Preservation Tax Credits Grantees accepting Save.America's Treasures funds for projects that are also being submitted for consideration under the Federal Historic Preservation Tax Credit program most: 1) inform the National Park Service's Ihstoric Preservation. Grants Division of the date of application for the tax credits; 2) submit a breakdovn of costs being subinitted for tax credits; and, 3)submit a breakdown of costs being reimbursed through the federal funds and costs being counted as matching shareunder the Save America's `I"reasures grant. Grantees are prohibited from applying expenses to both the Tax Credit Program and Save America's Treasures. Christy JAI From: Teri ©elcamp Sent: Monday, March 08, 2010 12:37 ISM To: Christy Jakl . Subject: Parra Adobe Grant Agreement Hi Christy —the grant agreement I gave you is for the Parra Adobe CIP No. 7402 project. The federal government refers to it with the grant agreement number though, No. 06 -08 -MI. -072, Thanks, Teri Teri Detcamp Historic Preservation Manager City of San ,Tuan Capistrano 32400 Paseo Adcianto San Juan Capistrano, CA 92675 Ph: 949-443-6330 Dept. Fax: 949-661-5451 www. santuancapistrano.org Planning's Mission Statement: "To preserve the small, village -like character ofthe community through high quality design, diverse housing, and the preservation of cultural resources, open space, natural creeks and ridgelines in a manner that will enhance the quality of life for the City's present and future residents. "