EXECUTIVE SUMMARY MAYOR AND BOARD OF ALDERMEN

Submitted By: Bob Smith, Deputy Director for Parks and Recreation Date: 2/14/18 Presented By: Bob Smith, Deputy Director for Parks and Recreation Other Staff Present: National Park Service Staff

Meeting Dates

Workshop: 2/7/2018 Business Meeting: Public Meeting: 3/1/18

Agenda Item: Approval of an MOU with the National Park Service to utilize space at Westside Regional Park .

Bacl<ground Information: The National Park Service (NPS) approached the City in the summer of 2017 with a proposal to manage, use, protect and preserve various buildings within the farmstead at Westside Regional Park NPS proposes to utilize the site for vehicle and equipment storage, and storage of materials. In turn, they will make necessary repairs and provide maintenance for the buildings and grounds as required for use. All repairs and restoration will comply with the Secretary ofInterior Standards for the Treatment of Historic Properties. The proposed usage by NPS will also provic!e a presence at the property and will help to facilitate future growth and activity on the parkland through public outreach and educational opportunities to the local community. The term of the MOU shall be for 6 years, with the option to extend for four additional one year periods.

Committee Recomlnendations if Applicable: The Westside Regional Park Task Force reviewed the MOU and recommended it for approval at their January 17, 2018 meeting. The Parks and Recreation Commission reviewed the MOU and recommended it for approval at their February 13, 2018 meeting.

Fiscal Impact: N/A

Recommendation: Staff recommends the approval of the MOU.

Supporting Documentation: Memorandum of Understanding between The United States Department of Interior National Park Service and The City of Frederick, site map

Director: 0" A ~ Date: .z,l I ~I ff( Concurrence Needed:

181 Legal: ~/ o Buciget:

o Finance:

D~a,~. I" :2:1l!JJJ2

Email

o o o

XI.2

o Purchasing: o Public Works Operations: __ _

o Engineering: ~ Pat'ks and Recreation: RJft., o Planning:

o Police: o Human Resources:

o Economic Development:

o Other:

o o o o O· o o o o

Memorandum of Understanding Between

The United States Department of Interior National Park Service

and The City of Fredericl,

This Agreement is entered into by and between the National Park Service (hereinafter "NPS"), United States Department of the Interior, acting through the Superinteudent oftlte Historic Preservation Training Center (hereinafter "HPTC") and The City of Frederick (hereinafter "City").

ARTICLE I BACKGROUND AND OBJECTIVES

The objective of this Agreement is to establish the terms and conditions under which tho parties will provide mutual assistance to work cooperatively iu the management, use, protection, preservation and maintenance of some of the strnctll1'es iocated on the Hargett Fann. The Hargett Farm falls within the bouudaries of Westside Regional Park. The structnres for use are identified on the Westside Regional Park Plaruling Report prepared by G.B. Fielder & Associates and include: Milking Parlor (#4), Stanchion Shed (#5), Run in Shed (#1), Silo (#8), Pig shed (#9), Stone Wan Bank Bark (#10), Shed Open (#12), Shed Closed (#13), Cinder Block Building (#14), area around Stone Wall Bank Barn, and immediate adjacent areas within the outlined fenced area on the attached Plat and other park faciHtics mutually identified for future HPTC use.

ARTICLE ll-AUTHORITY

This Agreement is entered into under the authority of 54 V.S.C § 300101(4).

ARTICLE III STATEMENT OF WORK

A. The NPS agrees to:

1. Utilize the site for vehicle and equipment storage, storage of materials, use of outdoor mcilities for project execution (i.e. hand hewing logs, cutting stone and pre-assembly of construction materials). .

2. Be responsible for any exterior and interior preservation, maintenance, repairs 01' improvement of the buildings alld grounds required for HPTC use and occupancy oftlle site. With assistance from the City, file and maintain Building Permits ifnecessary.

3. Prepare a plan for proposed shed repairs for City review and approval. Make repairs and stabilize sheds for covered storage usc.

4. All repairs and restoration will comply with the Secretary ofluterior Standards for thc Treatment ofBistoric Propelties and til conjunction with the City's overarching plans for the futnre development of the Hargett Farm use as part of the Westside Regional Park.

5. Develop and present a plan for City approval for the improvements needed for HPTC to take occupancy ofthe sile. Create a site plan ifneeded ..

Page 2 of6

6. Furnish and install fencing. Wooden privacy fencing will be used and catalog cut sheets or other product literature will be provided to the City for review and approval. Fencing installed on Butterfly Lane will.be more decorative in nature for screening to prevent view of the interior use byHPTC. - -

7. Manage the identified facilities in conjunction with the City of Frederick, Mayor and Deputy Director Department of Parks & Recreation for all related facility requirements.

8. Observe City compliance regulations and shall forward to the Director of Public WOlks any such actions that require City approval or coordination. Appoint a Facility Coordinator to work with the Director of Public Works to identifY anonal proposed improvements.

9. Provide utilities, services and trash collection costs within the established fenced in area.

10. Keep site within fenced area seCure and free oftrash and debris.

1 I. Maintain the bUildillgs and site in accordance with the City's property maintenance code.

12. Encourage public participation at the Hargett Farm through public outreach and educational opportunities to the local community. An annual educational trade workshop and historic preservation class will be held at the site. An annual school day demonstration event for Fredel'ick City youth will be lleld to promote traditional trades and historic preServation. -

B. The City agrees to:

I. Provide HPTC with exclusive lise of some ofthe sbuctures located on the Hargett Fann. The Hargett Faml falls within Ibe bOlUldaries of Westside Regional Park. The structures identified for us. are identified on the Westside Regional Park Planning RepOlt prepared by G.B. Fielder & Associates and include: Milking Parlor (114), Stanchion Shed (#5), Rutl in Shed (117), Silo (118), Pig shed (119), Stone Wall Bank Bark (#10), Shed Open (#12), Shed Closed (#13), Cinder Block Building (#14), area around Stone Wall Bank Barn, and immediate adjacent areas within the ontlined fenced area on the attached Plat and olber park fucilities mutually identified for future HPTCuse.

2. Extend water service to the property for a hose bib within six months after an agreement is fully executed by both parties.

3. Removal of existing debris on the property within Ibe fenced area will be mutually agreed upon during a walk through between the NPS and City.

4. Approve annual proposed improvements in a timely manner.

5. Assist with secul'iog bulldingpelmits ifnecessary.

ARTICLE IV - TERM OF THE AGREEMENT

This Agreement will be effective for a period of six years from the date of final signature unless it is terminated earlier by one ofthe patties p\ll~uant to Article Xl below. Two years prior to the expiration of thIs Agreement, tWs Agreement will be reviowed and lllay be amended to include an option to extend the CUlTent Agreement for four additional twelve month periods of not-to-exceed four years. The Option Extension will be done as a bi-lateral written amendment to the Agt'Cement.

Page 3 of6

ARTICLE V - KEY OFFICIALS

A. Key Officials arc essential to ensure maximum coordination and conmlunication between the parties and the work beulg perfolmed. They are:

1. For the NPS:

Moss Rudlcy Superbltendent National Park Service Historic Preservation Training Center 480lA Urbana Pike Frederick,MD 21704 E-mail: moss rudley@nps.gov Telephone Nmnber: (240) 285-6780

Jennifer (JJ) Iii Bella Chief of Learning and Development National Park Service WASO Workforce & Inclusion Directorate Room 2449 1849 C Street, NW Washington, D.C. 20240 E-mail: jennifer dibclIa@nps.gov Telephone Number: (202) 641-4379

Sheila Rushlow Contracting Officer National Park Service Historic Preservation Training Center 4801A Urbana Pike Frederick, MD 21704 Telephone Number: (301) 663-8206 E-mail: sheila rushlow@nps.gov Telephone Number: (301) 663-8206, Ext. 103

2. For the City:

Michael O'Connor Mayor TIle City of Frederick City Hall 101 North Court Street Frederick, MD 21701 E-mail: pstocksdale@cityoffrederlck.com Telephone Nmnber: (301) 600-1385'

Page 4 of6

Bob Smith Deputy Director The City of Frederick, Department of Parks & Recreation 121 Nortn Bentz Street Frederick, MD 21701 Email: bsmith@cityoffiederick.com Telephone Number: (301) 600-1902

Zack Kershner Director of Public Works The City of Frederick, Operations/PlmmingiEngmeeringIParks & Recreation 140 West Patrick St.

Frederick, MD 21701 Email: zkershnerliilcityoffredei"ick.com Telephone Number: (301) 600-1404

B. Communications - The City will address any communication regarding this Agreement to the Superintendent witlt a copy to the Contracting Officer. Communications that relate soley to routine operational matters described in the ClUTent work plan may be sent only to the Superintendent.

C. Changes in Key Officials -Neither the NPS nor the City may make any permanent change in a key official without written notice to the othcr party reasonably in advance of the proposed change. The notice will include a justification with sufficient detail to pennit evaluation of the impact of such a Change on the' scope of work specified within this Agreement. Any pennanent change in key officials will be made only by modification to this Agreement.

ARTICLE VI - FUNDING

Funds will not be exchanged under this Agreement. In-kind services will be exchanged as set forth in ARTICLE ill.

ARTICLE VII - PRIOR APPROVAL

Not applicable.

ARTICLE VIII- LlABILlTY

A. The City shall be fully responsible fOf the acts and omissions of its representatives, employees, contractors and subcontractors connected with the pcrformance of this Agreement. .

Should a claim arise as a result ofthis Agreement, the avenue for recovery is provided under the Maryland Local Government Tort Claim Act (Courts and Judicial Proceedings Article, Section 5.301 through 5.304).

B. The NPS is self-Insured and shall be fully responsible for the acts and omissions of its fcpresentatives, employees, contractors and subcontractors colmected with the performance of this Agreement. Should a claint atise as a result of this Agreement, the avenue for recovery is the Federal Tort Claim Act (FICA, 28 USC 1346 (b) and 2671 et seq) TIte provisions of this Act give Federal District Courts jurisdiction over claims for personal il1jlllY or death caused by negligent or wrongful act or olllission of any Govermnent employee (while acting within the scope of hislher employmcnt) under circumstances where the Government, if it were a private person would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

ARTICLE IX - REPORTS ANDfOR OTHER DELlVERABLES

Not applicable.

;. :

..... "

:, ..

PageS of6

ARTICLE X - PROPERTY UTILIZATION

Unless otherwise agreed to in writing by the parties, any property furnished by Olle party to the other will remain the property of the furnishing party.

ARTICLE XI - MODIFICATION AND TERMINATION

A. This Agreement may be modified only by a written instrument executed by the paliies .

. B. Either party may terminate this Agreement by providing the other party with one bUlldred and eighty (180) days advance written notice. In the event tltat one party provides the other pat'ty with notice of its intention to tenninnte, the parties will meet promptly to discuss the reasons for the notice a-ud to try to resolve their differences.

ARTICLE:XU STANDARD CLAUSES

A. Civil Rights

During the performance of this Agreement, the partiCipants agree to abide by Ute terms of U.S. Department of the Interior - Civil Rigbts Assurance Certification, non-discrimination and will not discriminate against any person because of race, color, ",ligion, sex, or national origin, The participants will take affu'mative action to ensure that applicants are employed without regard to their race, color, sexual orientation, national origin, disabilities, religion, age or sex.

B. Promotion

The City will not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, stillund motion pictures, articles, manuscripts, or other publications) which states or implies Governmental, Departmental, bureau, or Government employee endorsement of a product, service, or position which the City represents. No release ofinfonu"tion relating to this Agreement may state 01' imply that the Government approves oflhe City's work product or considers the City's work productto be superior to other products 01' services.

C. Public Informadon Release

Publication of Results of Studies

No parly will unilaterally pUblish a joint publication without consulting with the other party. This restriction does not apply to popular publication of previously published technical matter. Publications pursuant to this Agreement may be produced Dldependently or in collaboration with others; however, in all cases proper credit will be given to the e!foris of those parties contributing to the publication. In the event no agrecment is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission ofthe proposed manuscripts to the other. In such instances, the party publishulg the data will give credit to the cooperation but assume full responsibility for any statements on which there is • diffurence of opinion,

Pag" 6 of6

ARTICLE XIII- SIGNATURES

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth bolow.

FOR THE NA'I'roNAL PAlU( SERVICE:

Sigoature: _____________________ _

Name: Moss Rudley

Title/Office: Superintendent. Historic Preservation Trainhlg Center

,oate: _______________________ _

Signature:. _____________________ ~

Nam,,: Jennifer OJ) Di Bella

Title/Office: Cltief of Learning and Development

Dat6:. _____________________ _

FOR THE Cl'f¥ OF FREDElUCK:

Signature: _______________________ _

I Name:. ____ ~Mui~cl~la~cLlO~'C~O~lullil~oLr _______________ _

Title/Office:_--,M"",ay",o",r~, Th"-"'e'-C""'ity~o"-fF"-r"'e"'d"'er"'ic"'k'____ _________________ _

Date: _________________________ _ I I Signature: ___________________________________ _

Name: Bob Smith

Title/Offic,,: Deputy Director. The City of Frederick. Dcpartment of Parks and Recreation .

Date: _______________________ _

" •

. :.",