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RESOLUTION NO. 11,782
A RESOLUTION TO AUTHORIZE ENTRY INTO A COOPERATIVE AGREEMENT
WITH THE UNITED STATES DEPARTMENT OF INTERIOR FOR THE LITTLE
ROCK CENTRAL HIGH SCHOOL NATIONAL HISTORIC SITE; AND FOR
OTHER PURPOSES.
WHEREAS, the City has been offered the opportunity to participate in a cooperative
agreement with the U.S. Department of the Interior for projects concerning the Little Rock
Central High School National Historic Site, and
WHEREAS, the terms and conditions of this agreement have been negotiated between the
City Manager and the City Attorney and that National Park Service,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1. The City Manager is authorized to enter into a cooperative agreement with the
U.S. Department of the Interior in a form substantially the same as that attached as Exhibit A.
Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause,
phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such
declaration or adjudication shall not affect the remaining portions of the ordinance which shall
remain in full force and effect as if the portion so declared or adjudged invalid or
unconstitutional was not originally a part of the ordinance.
Section 3. Repealer. All ordinances and resolutions, inconsistent with the provisions of
this resolution, are hereby repealed to the extent of such inconsistency.
ADOPTED: July 13, 2004
ATTEST:
Nan y Woo/ d City Clerk
APPROVED AS TO LEGAL FORM:
28
29 �'Ll'9''�."r' YK • 'i'�M"
30 Thomas M. Carpenter, City AtVomey
APPROVED:
Willie Hinton, Vice -Mayor
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H7310040001, Page 1 of B
COOPERATIVE AGREEMENT
Number: H7310040001
between the
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
and the
City of Little Rock, Arkansas
♦N}N}mN}NNN :N }N } }fY}r»
Beginning Date: Date of Execution Completion Date: (5 years from signature)
Project Title: Historic Preservation, Planning, and Anniversary Commemoration
INNH1iYfM1i }N1i} }Nff }�i1 }f }}
THIS AGREEMENT is made and entered into between the City of Little Rock, Arkansas (hereinafter also called "the
City") and the United States Department of the Interior, National Park Service (hereinafter also called NPS).
ARTICLE I. BACKGROUND AND OBJECTIVES
WHEREAS, Little Rock Central High School National Historic Site was established in accordance with provisions of
Public Law 105 -356 to preserve, protect, and interpret the Little Rock Central High School and provide education
and visitor service programs that illustrate the role of high school in the desegregation of southern schools and Civil
Rights movement; and
WHEREAS , the City of Little Rock desires to enter into a cooperative agreement with the National Park Service, as
authorized by resolution of the citys Board of Directors, Little Rock, Ar. Resolution No. , in order to better
preserve, protect, and restore historic resources in the neighborhoods surrounding Central High School, to ensure
pedestrian safety and adequate parking and access within the neighborhoods, and to commemorate the 50'"
anniversary of the 1957 -1959 school desegregation crisis; and
WHEREAS, the NPS desires to enter into a cooperative agreement with the City of Little Rock, as authorized by
P.L.105 -356 Section 2.c (1), in order to better preserve, protect, and restore historic resources in the neighborhoods
surrounding Central High School, to ensure pedestrian safety and adequate parking and access within the
neighborhoods, and to commemorate the 5& anniversary of the 1957 -1959 school desegregation crisis; and
WHEREAS, pursuant to 16 U.S.C. Section 1g, the National Park Service may in fiscal year 1997 and thereafter enter
into cooperative agreements that involve the transfer of National Park Service appropriated funds to State, local and
tribal governments, other public entities, educational institutions, and private nonprofit organizations for the public
purpose of carrying out National Park Service programs pursuant to 31 U.S.C. 6305 to carry out public purposes of
National Park Service programs.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is hereby agreed by and
between the parties hereto:
EXHIBIT
ARTICLE II. STATEMENT OF WORK
A. The City of Little Rock agrees to:
i
H7310040001, Page 2 of B
Permit the NPS to review and make recommendations on city sponsored, funded, or permitted projects and
planning initiatives within the Central High Neighborhood Historic District that involve or could lead to:
a. Changes in land use or zoning
b. Alteration of historic structures or features
c. Alteration of the cultural landscape (as it reflects patterns of use and development from 1957 -1959)
d. Alteration of infrastructure (including streets and utilities)
2. Ensure that federally funded projects within the Central High Neighborhood Historic District meet the
requirements of Section 106 of the National Historic Preservation Act, including necessary consultations with
the State Historic Preservation Officer and the Advisory Council on Historic Preservation.
3. Coordinate with the NPS to develop strategies to preserve, protect, and restore the documented architectural
and historical landscape values of the neighborhood surrounding Central High School, especially the
streetscape in front of the school and the seven private residences on Park Street across from the school.
4. Coordinate with the NPS and the Little Rock School District to prepare a plan to address pedestrian safety and
parking in the area surrounding Central High School, as well as access to and from the high school and historic
site.
5. Provide the NPS and researchers working on behalf of the NPS access to city records, archives, and other
resources related to the 1957 desegregation crisis, to historic land use and development patterns within the
Central High Neighborhood Historic District, and to historic preservation initiatives within the Historic District.
6. Actively participate in the planning and implementation of commemorations of the 50P anniversary of the 1957-
1959 desegregation crisis (to be held between 2007 and 2009). Specific roles will include, but not be limited to:
a. Establish an ad hoc commission to coordinate planning and implementation of anniversary events
b. Designate the superintendent of the historic site as a member of the anniversary commission
c. Identify a staff person to serve as a point -of- contact and liaison to city government for the anniversary
commission
d. As available, provide funding, facilities, and other resources that may be necessary for the work of the
anniversary commission
e. Within resources, provide city services necessary to support anniversary events (public works, public
safety, etc.).
7. Seek opportunities to cooperate and coordinate with the NPS and other partners on initiatives that compliment
and advance mutual goals of the historic site, the city, and other entities.
B. NPS agrees to:
1. Provide technical assistance and recommendations for the city on projects and planning initiatives as outlined in
section A.1. Complete reviews and recommendations in a timely fashion.
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H7310040001, Page 3 of 8
2. As requested, provide technical assistance for completion of steps necessary to comply with Section 106 of the
National Historic Preservation Act and serve as a facilitator for consultations with the State Historic Preservation
Officer and the Advisory Council for Historic Preservation (section A. 2.).
3. Coordinate with the city to develop strategies for preserving and protecting the documented architectural and
historical landscape values of the neighborhood surrounding Central High School, especially the streetscape in
front of the school and the seven private residences on Park Street across from the school. Provide technical
assistance and funding for these activities as resources allow.
4. Coordinate with the city and the Little Rock School District to prepare a plan to address pedestrian safety and
parking in the area surrounding Central High School, as well as access to and from the high school and historic
site.
5. Provide funding, as available, for 501" anniversary planning and commemorations, other special events, and
partnership preservation and education initiatives that support the mission and purpose of the historic site.
6. Provide leadership and technical assistance on planning and historic preservation initiatives within the Central
High Neighborhood Historic District.
7. Actively participate as a member of the anniversary commission. As available, provide staff and other resources
necessary to accomplish anniversary initiatives.
8. Seek opportunities to cooperate and coordinate with the City of Little Rock and other partners on initiatives that
compliment and advance mutual goals of the historic site, the city, and other entities.
ARTICLE III. TERMS OF AGREEMENT
When signed by both parties, this agreement shall be in effect from the date signed on behalf of the Service by the
Contracting Officer and shall continue for one full year.
The parties acknowledge that the work contemplated by this cooperative agreement is anticipated to last more than
one fiscal year; the parties therefore provide that this agreement is renewable for additional one -year increments not
to exceed five years in total. The annual renewal is initiated by the City of Little Rock submitting a project proposal
to the Service for the succeeding fiscal year beginning October 1.
ARTICLE IV. KEY OFFICIALS
The personnel specified below are considered to be essential to ensure maximum coordination and communication
between the parties and the work being performed hereunder. Either party, on notice to the other party, may designate
another person or persons to act in his /her place in an emergency or otherwise. Permanent changes of key personnel
must be made in writing to the Contracting Officer.
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A. The key officials for the National Park Service are:
R. Michael Madell
Superintendent
Central High School National Historic Site
700 West Capitol Avenue, Suite 3527
Little Rock, AR 72201
Phone: 501- 374 -3067
Fax: 501- 301 -7762
E -mail: Michael_Madell @nps.gov
B. The key official for the City of Little Rock is:
Bruce Moore
City Manager
City Hall, Room 203
500 West Markham
Little Rock, AR 72201
Phone: 501 - 371 -4510
Fax: 501- 371 -4498
E -mail: bmoore @littlerock.state.ar.us
ARTICLE V. AWARD, PAYMENT & INVOICES
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Theora McVay
Contracting Officer
National Park Service — Midwest Region
601 Riverfront Drive
Omaha, NE 68102
Phone: 402-661-1662
Phone: 402 -661 -1663
E -mail: Theora_McVay @nps.gov
The commitment of funds in furtherance of this Agreement shall be authorized by individual modifications. When the
work to be accomplished and the work program are mutually agreed upon by both parties, an appropriate modification
shall be consummated, obligating funds.
In accordance with the provisions found in OMB Circular A -102 or A -110, as appropriate, invoices and other required
supporting statements or certificates (all properly identified with the agreement number, the name of the National Park
Service Key Official and, where applicable, the modification number) will be submitted by the City of Little Rock to the
Superintendent, Little Rock Central High School National Historic Site, at the address shown on the signature page of
this agreement. These provisions include the following:
Reimbursement claims should be submitted on Standard Form 270 (Request for Advance or
Reimbursement) or other format as approved by the Contracting Officer.
Advances of actual funds shall be requested by submittal of a Standard Form 270, (Request for
Advance or Reimbursement), in an original and one copy.
The disposition of advanced funds shall be reported quarterly by submittal of Standard Form 272,
Federal Transaction Report. This form must be submitted within 15 days after the end of each
calendar quarter in which funds remain outstanding.
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H7310040001, Page 5 of 8
Travel: Notwithstanding any other provisions hereof, travel expenses related to any work element will be negotiated
and compensated according to current applicable NPS travel regulations and the city's travel regulations up to a
specified daily rate. All travel arrangements and reimbursement of the citys employees must be made by the city.
ARTICLE VI. PRIOR APPROVAL
In accordance with OMB Circular A -102 or A -110 and the "Common Rule ", 43 CFR Part 12., Subpart C, Paragraph
12.70:
Partners are permitted to rebudget within the approved direct cost budget to meet unanticipated
requirements and may make limited program changes to the approved project. However, certain
types of post -award changes in budgets and projects shall require the prior written approval of the
Contracting Officer as follows:
(a) Budget changes— non - construction: (1) Any revision which would result in the need for additional
funding; (2) Cumulative transfers among direct cost categories, which exceed or are expected to
exceed ten percent of the current total approved budget; or (3) any transfer of funds allotted for
training allowances.
(b) Programmatic Changes: (1) Any revision of the scope or objectives of the project (regardless of
whether there is an associated budget revision which requires prior approval); (2) Need to extend the
period of availability of funds; (3) Changes to key personnel (see above); and (4) Contracting out or
otherwise obtaining the services of a third party to perform activities which are central to the purpose
of the award and are not included in the Scope of Work.
Prior to diverting any specified key official to other programs, the City of Little Rock and/or NPS shall notify the
Contracting Officer reasonably in advance and shall submit a justification (including proposed substitutions) in sufficient
detail to permit evaluation of the impact on the program. No substitution will be made without the written consent of the
Contracting Officer and the agreement of all other key officials. Such approval will not be unreasonably withheld. It is
understood that this agreement does not convey authority for the City or the NPS to direct the services or activities of
the others staff.
ARTICLE VII. REPORTS AND /OR DELIVERABLES
As the performing organization under this Agreement, the City of Little Rock shall follow the procedures set forth in
OMB Circular A -102 or A -110, as appropriate. Reports shall be submitted to the Contracting Officer.
Performance Reports: The City of Little Rock shall submit an annual performance report. For multi-
year projects, a final performance report shall be submitted 90 days after the expiration or termination
of the agreement.
Financial Reports: (1) The City of Little Rock shall submit Standard Form 269 or 269A, Financial
Status Report, which details program outlays and program income, on an annual basis; and (2) for
agreements which are paid in advance, the City of Little Rock shall submit Standard Form 272,
Federal Cash Transactions Report no later than 15 working days following the end of each quarter.
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H7310040001, Page 6 of 6
ARTICLE Vill. PROPERTY UTILIZATION AND DISPOSITION
Property utilization and disposition shall be in accordance with OMB Circular A -102 or A -110, as appropriate. All tools,
equipment, and facilities furnished by the NPS shall be on a loan basis only and shall be returned in the same condition
received except for normal wear and tear in project use.
ARTICLE IX. TERMINATION
Awards to State and Local Governments may be terminated in whole or in part only as follows:
(1) By the awarding agency with the consent of the grantee or subgrantee in which case the two parties
shall agree upon the termination conditions, including the effective date and in the case of partial
termination, the portion to be terminated, or
(2) By the grantee or subgrantee upon written notification to the awarding agency, setting forth the reasons
for such termination, the effective date, and in the case of partial termination, the portion to be
terminated. However, if, in the case of a partial termination, the awarding agency determines that the
remaining portion of the award will not accomplish the purposes for which the award was made, the
awarding agency may terminate the award in its entirety.
ARTICLE X. REQUIRED AND SPECIAL PROVISIONS
Required Provisions
1. NON - DISCRIMINATION: All activities pursuant to this agreement and the provisions of Executive
Order 11246 shall be in compliance with requirements of Title VI of the Civil Rights Act of 1964 (78
Stat. 252 42 U.S.C. § 2000d at se g.); Title V, Section 504 of the Rehabilitation Act of 1973 (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,
national origin, handicap, religion or sex in providing of facilities and service to the public.
2. CONSISTENCY WITH PUBLIC LAWS: Nothing herein contained shall be deemed to be
inconsistent with or contrary to the purpose of or intent of any Act of Congress establishing,
affecting, or relating to the Agreement.
3. APPROPRIATIONS (Anti - Deficiency Act, 31 U.S.C. 1341): Nothing herein 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.
4. OFFICIALS NOT TO BENEFIT: No Member of, Delegate to, Resident Commissioner in, Congress
shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom, unless
the share or part benefit is for the general benefit of a corporation or company.
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H7310040001, Page 7 of 8
5. LOBBYING PROHIBITION: The parties will abide by the provisions of 18 U.S.C. 1913 (Lobbying
with Appropriated Moneys), which states:
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 any manner a Member of Congress, to
favor or oppose, by vote or otherwise, any legislation or appropriation by Congress, whether
before or after the introduction of any bill or resolution proposing such legislation or
appropriation, but this shall not prevent officers or employees of the United States or of its
departments or agencies from communicating to Members of Congress on the request of
any Member or to Congress, through the proper official channels, requests for legislation or
appropriations which they deem necessary for the efficient conduct of the public business.
6. MINORITY BUSINESS ENTERPRISE DEVELOPMENT, EXECUTIVE ORDER (E.O.) 12432: "It is the
national policy to award a fair share of contracts to small and minority firms. The National Park Service is
strongly committed to the objectives of this policy and encourages all recipients of its Cooperative
Agreements to take affirmative steps to ensure such fairness" by ensuring procurement procedures are
carried out in accordance with 43 CFR12.944 for Institutions of Higher Education, Hospitals and Other Non -
Profit Organizations, and 43 CFR 12.76 for State and Local Governments.
7. LIABILITY PROVISION: The City of Little Rock agrees to provide liability protection for its officers,
employees and agents while acting within the scope of their employment. The City of Little Rock further
agrees to Indemnify, save, and hold harmless U.S. Department of Interior, National Park Service, its
officers, agents and employees from any and all liability including claims, demands, losses, costs damages,
and expenses of every kind and description (including death), or damages to person's property arising out
of or in connection with or occurring during the course of this agreement where such liability is founded
upon or grows out of the acts or omissions of the officers, employees, or agents of the City of Little Rock
arising out of or in any way connected to activities authorized pursuant to this agreement. This obligation
shall survive the termination of this agreement.
8. SPECIAL PROVISIONS - The following advertising and endorsements provisions may be used for
cooperative agreements and others may be added, as needed.
1. The City of Little Rock shall not publicize, or otherwise circulate, promotional material (such as
advertisements, sales brochures, press releases, speeches, pictures, movies, articles, manuscripts
or other publications), which states or implies Governmental, Departmental, bureau, or Government
employee endorsement of a product, service, or position that the City of Little Rock represents. No
release of information relating to this agreement may state or imply that the Government approves
of the work product of the City of Little Rock to be superior to other products or services.
2. The City of Little Rock will ensure that all information submitted for publication or other public
releases of information regarding this project shall carry the following disclaimer:
"The views and conclusions contained in this document are those of the authors and should not be
interpreted as representing the opinions or policies of the U.S. Government. Mention of trade
names or commercial products does not constitute their endorsement by the U.S. Government."
H7310040001, Page 8 of 8
3. The City of Little Rock must obtain prior NPS approval from the Park Superintendent before
releasing public information that refers to the Department of the Interior, any bureau or employee
(by name or title), or to this agreement. The specific text, layout, photographs, etc. of the proposed
release must be submitted along with the request for approval.
ARTICLE X11. AUTHORIZING SIGNATURES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly
authorized officers or representatives on the day and year written below.
By: Date:
Jim Dailey
Mayor
City of Little Rock
City Hall, Room 203
500 West Markham
Little Rock, Arkansas 72201
By: Date:
R. Michael Madell
Superintendent
Little Rock Central High School National Historic Site
700 West Capitol Avenue, Suite 3527
Little Rock, Arkansas 72201
By: Date:
Theora McVay
.Contracting Officer
National Park Service - Midwest Region
601 Riverfront Drive
Omaha, Nebraska 68102