Certified Local Government Participation Agreement
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ARIZONA STATE PARKS BOARD
CERTIFIED LOCAL GOVERNMENT PARTICIPANT AGREEMENT
This agreement is made and entered into by and between the ARIZONA STATE PARKS
BOARD on behalf of the State of Arizona (STATE) through its STATE HISTORIC
PRESERVATION OFFICER (OFFICER) and the CITY OF CHANDLER, the
CERTIFIED LOCAL GOVERNMENT (CLG), whose address is 175 S. Arizona Avenue,
Chandler, Arizona, 85225.
The OFFICER has authority to enter into this Agreement pursuant to U.S.C. 470 et sec.
and A.R.S. §§41-511.04 and 41-511.05, and any successor statures. The CLG has
authority to enter into this agreement pursuant to Ordinance No. 4936 of the Chandler City Code.
PART I. CONTRACT TERM
The effective date of this agreement is the date the National Park Service concurs, and
shall remain in effect until the CLG requests decertification as a CLG or is decertified by
the OFFICER pursuant to the provisions of Section V, “Certified Local Government
Program in Arizona,” a copy of which is attached hereto as Exhibit A and is incorporated
by reference as a part of this agreement.
PART II. CONSIDERATION
The consideration for this agreement is the mutual promises of the parties contained
herein.
PART III COMPLIANCE
The parties shall comply with all applicable laws, rules and regulations pertaining to the
execution and administration of the terms contained in Exhibit A to this agreement.
The CLG and its agents shall be specifically subject to all applicable provisions of the
Historic Preservation Fund Grants Manual as presently in effect or as may be
promulgated during the period of this agreement. A copy of the Historic Preservation
Fund Grants Manual is available for inspection at the Arizona State Parks Board Office,
1110 West Washington Street, Phoenix, Arizona 85007. The OFFICER will provide
guidance on the provisions of the Historic Preservation Fund Grants Manual.
PART IV ENFORCEMENT OF LOCAL ORDINANCE
The CLG agrees to enforce its Historic Preservation Ordinance, a copy of which is
attached as Exhibit B and incorporated by reference as a part of this agreement.
PART V NONDISCRIMINATION
During the term of this agreement, the parties agree to comply with the provisions of
Executive Order 99-4 issued by the Governor of the State of Arizona relating to
nondiscrimination in employment, a copy of which is attached hereto as Exhibit C and
incorporated by reference as a part of this agreement.
Certified Local Government participant agreement
Page 1 of 2
Revised September 28, 2016
Exhibit A to Resolution 5705
PART VI AGREEMENT FOR ARBITRATION
If required pursuant to A.R.S. §12-1518, and any successor stature, the parties agree to
use arbitration, after exhausting all applicable administrative remedies, to resolve all
disputes arising out of this agreement.
PART VII CANCELLATION OF STATE CONTRACTS
Pursuant to A.R.S. §38-511, and any successor statute, the STATE may cancel this
contract, without penalty or further obligation if any person significantly involved in
initiating, negotiating, securing, drafting, or creating the contract on behalf of the STATE
or any of its departments or agencies is, at any time while the contract or any extension of
the contract is in effect, an employee of any other party to the contract in any capacity or
a consultant to any other party of the contract with respect to the subject matter of the
contract. Such cancellation shall become effective upon written notification from the
Governor of the State of Arizona.
The parties have executed this agreement as of the dates entered below.
CITY OF CHANDLER, ARIZONA
STATE OF ARIZONA
CERTIFIED LOCAL GOVERNMENT
ARIZONA STATE PARKS BOARD
By_____________________________
By____________________________
Kevin Hartke
Kathryn Leonard
Mayor
State Historic Preservation Officer
City of Chandler
Date___________________________
Date__________________________
By____________________________
Robert Broscheid
Executive Director
Arizona State Parks Board
Date__________________________
Chandler City Attorney
Approval as to Form
___________________________________
Signature
_____________________________________
Date
Attachments:
Exhibit A – Certified Local Government Historic Preservation Program in Arizona
Exhibit B – Ordinance No. 4936, Chandler City Code
Exhibit C – Executive Order 99-4, Nondiscrimination in Employment
Certified Local Government Participant Agreement
Page 2 of 2
Revised September 28, 2016
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CERTIFIED LOCAL GOVERNMENT
HISTORIC PRESERVATION PROGRAM IN ARIZONA
Section I. Introduction
A. The national historic preservation program has operated as a decentralized partnership
between the Federal government and the state of Arizona since its establishment, in 1970.
The Federal government established a program of identification, evaluation and protection of
historic properties which the states, primarily, carry out. . The success of that working
relationship prompted Congress, in 1980, to expand the partnership to provide for
participation by local governments (counties and incorporated cities and towns).
B. The role of the "Certified Local Government* in the partnership involves, at a minimum, (1)
eligibility to apply to the State Historic Preservation Officer for matching funds earmarked for
“certified local governments," and (2) responsibility for review and approval of nominations of
properties to the National Register of Historic Places.
C. The Federal law directs the State Historic Preservation Officer and the Secretary of the Interior
to certify local governments. to participate in this partnership and specifies several
requirements that the local government must meet.
D. The following sections describe how the Federal-State-Local partnership works in Arizona.
Section II. Definitions
A. A “CLG” means a certified local government.
B. "Commission" means a historic preservation board, council or similar collegial body that is
established by local legislation, composed of professionals and persons, appointed as
specified in the legislation, with a demonstrated interest, experience or knowledge in
disciplines such as history, planning, archaeology, architecture,architectural history, historic
archaeology or other fields related to historic preservation, that must perform the duties and
responsibilities specified in thelegislation.
C. “HPF” means Historic Preservation Fund
Exhibit A
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D. “Local government” means any incorporated city, town, or county.
E. “National Register” means the National Register of Historic Places.
F. “SHPO” Means the State Historic Preservation Officer.
G. “Secretary” means the Secretary of the U.S. Department of the Interior.
H. “Subgrantee” means the legal receiver of HPF funds through the SHPO.
Section III. Eligibility of a Local Government for Certification
A. A local government that meets the criteria established in subsection B through F of this section
may apply for certification under Section IV.
B. A local government must enact and enforce an ordinance for the designation and protection
of historic properties. The ordinance must, at a minimum, include the following provisions:
1. Statement of purpose
2. Definitions
3. Establishment of a commission with specific membership and duties.
4. Historic designation procedures for local resources and/or districts.
5. Criteria for historic designation of local resources and/or districts.
6. Provisions for public hearing on historic designation, with public notification.
7. Mandatory review of alterations to, relocations or demolition of historic resources
individually or within historic district boundaries and mandatory review of new
construction within the boundaries of historic districts.
8. Specific guidelines to be used by the Commission, such as (or based on) the
Secretary of the Interior’s Standards for Rehabilitation.
9. Specific time frames and procedures for reviews and for consideration of appeals.
10. Provisions for decision making, enforcing decisions, and a right of appeal.
C. A local government must establish the Commission required by the ordinance provided under
subsection B. The Commission must:
1. Be composed of at least five members, all of whom have a demonstrated interest,
experience or knowledge in at least one of the following: history, architectural history,
architecture, historic interiors, historic architecture, planning, archaeology, historic
archaeology, real estate, historic preservation law or other historic preservation
related field. To the extent available in the community, at least two professionals from
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the disciplines of architecture, history, architectural history, planning, archaeology, or
related historic preservation disciplines such as cultural geography or cultural
anthropology must be members of the Commission. If a field is not represented by a
Commission member, the Commission must obtain expertise in the field when
considering National Register nominations and other actions that will impact
properties that are normally evaluated by a professional in that field (e.g.,
archaeological sites should be evaluated by a professional archaeologist). Such
expertise may be obtained through universities, private preservation groups or
consultants, or other means approved by the SHPO. If a local government is to be
certified without the minimum number of types of disciplines the local government
must provide the SHPO with information, in writing, that it has made a reasonable
effort to fill those positions.
2. Be composed of members who are appointed to serve staggered terms of office as
specified by the ordinance.
3. Meet at least four times each year and follow the provisions of the Arizona Open
Meetings Act, including providing for public notice and allowing the agenda, minutes,
and meetings be open to the public.
4. Provide for rules of procedure that are made known to the public.
5. Make its decisions in an open forum and advise all interested persons of decisions.
6. Prepare a written annual report of commission activities that is submitted to the SHPO
and is available to the public. The report must contain, at a minimum, minutes of
meetings, decisions made, special projects and activities, the number and types of
cases reviewed, revised resumes of Commission members, and member attendance
records.
7. Ensure that vacancies on the Commission are filled within 60 days, unless extenuating
circumstances require a longer period. An extension may be granted by the SHPO
upon petition, in writing, of the chief official of the local government.
8. Encourage all members to attend any training sessions and review any orientation
materials provided by the SHPO. The SHPO will make available such training and
orientation materials to provide working knowledge of the roles and operations of the
federal, state, and local preservation programs.
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9. Carry out its responsibilities in coordination with SHPO responsibilities as outlined in
36 CFR 61.4(b) and ensure that its responsibilities are complementary to the SHPOs.
D. A local government must maintain a system for the survey and inventory of historic properties.
1. A CLG must begin or continue a process for identifying historic properties within its
jurisdiction that is approved by the SHPO.
2. A CLG must maintain a detailed inventory, under the jurisdiction of the Commission,
of the designated historic districts, sites, buildings, structures or objects.
3. All survey and inventory efforts and materials must be coordinated and compatible
with the State’s survey and inventory program (including the standards, guidelines
and forms) of the SHPO. This will ensure that the information is in a format suitable for
integration into the state historic preservation planning process. The SHPO will make
available all appropriate materials and information to the CLG.
4. All inventory materials must be accessible to the public, updated periodically, and
available, through duplicates, to the SHPO.
E. A local government must provide for adequate .public participation in the local historic
preservation programs, including the process of recommending properties for nomination to
the National Register.
1. All meetings of the Commission must be open meetings as required by the Open
Meetings Act (A.R.S. Section 38-431, et sec.). The Commission should encourage
public comment on agenda items.
2. All reports submitted to the SHPO must detail how public comment was solicited and
received.
F. A local government must satisfactorily perform the responsibilities specified in subsections B
through E above and any other responsibilities specifically delegated to it. The SHPO may,
by written agreement with a CLG, delegate additional responsibilities such as environmental
review projects if the CLG has adequate qualified staff.
Section IV. Process for Certification of Local Governments in Arizona
A. The chief elected official of the local government must request certification from the SHPO.
The request for certification must include.
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1. A written assurance by the chief elected official that the local government fulfills and
will continue to fulfill all the standards for certification outlined in Section Ill.
2. A copy of the local historic preservation ordinance.
3. A list and accompanying maps of the areas designated at that time as historic districts
or individual historic resources.
4. Resumes for each of the members of the Commission including, where appropriate,
credentials of member expertise in fields related to historic preservation.
B. The request for certification will be reviewed by the SHPO for accuracy, completeness, and
compliance with the provisions of this document.
C. The SHPO will respond to the chief elected official within 60 days of the receipt of an
adequately documented written request for certification.
D. If a certification request is approved, the SHPO will prepare a written certification agreement
that lists the responsibilities of the CLG. The list of responsibilities will include those listed in
Section Ill, any additional responsibilities delegated to all CLGs in the State and any other
delegated responsibilities. Such a certification agreement, once approved, may be amended
with approval of the National Park Service, Western Regional Office.
E. The SHPO certification of a local government to participate in• the national historic
preservation program constitutes certification by the Secretary, provided the Secretary has
approved the State process and does not take exception to the request for certification and
the certification agreement within 1.5 working days after. receiving a complete CLG
application and certification agreement from the SHPO.
F. Once a local government is certified, it remains certified without further action unless, after
substantive review, the SHPO recommends and proceeds with decertification or the CLG
requests that it no longer be certified.
G. A local government may appeal to the Secretary any SHPO decisions to deny certification or
to decertify.
Section V. Process for Monitoring and Decertification of a CLG
A. The SHPO will conduct a periodic review at least annually and monitor each CLG to assure
that each government is fulfilling its responsibilities, as set forth in this document and the
written certification agreement in a manner that is consistent and coordinated with the
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identification, evaluation and preservation• priorities of the comprehensive state historic
preservation planning process.
B. The SHPO, in his/her review:
1. Study the annual reports submitted by the CLG,• records of the administration of HPF
funds allocated to the CLG, and other pertinent documents of the CLG requested by
the SHPO.
2. Evaluate the CLG's performance of •the responsibilities specified in this document
and the written certification agreement and other responsibilities delegated to it.
3. Recommend to the CLG specific steps to bring its performance up to an acceptable
level, if necessary.
C. The Standards for evaluating the CLG's performance will include adequate preparation of all
required reports, including the annual report, proper expenditure of HPF funds as adequately
documented in required reports, and documented compliance. with all requirements of this
program and .the written certification agreement.
D. A CLG may take up to 180 days from the date the SHPO notifies the CLG, in writing, of the
recommended steps, to implement the specific steps recommended.
E. If the SHPO determines that sufficient improvement has not occurred after the 180 day period,
the SHPO will recommend decertification of the CLG to the Secretary, citing specific reasons
for the recommendation.
F. A CLG may, voluntarily and without penalty, request decertification in writing addressed to
the SHPO.
G. If a CLG is decertified, the SHPO will terminate any financial assistance received by, the CLG
from the HPF allocation and will conduct a closeout review of the CLG funds received from
the SHPO in accordance with the procedures set forth in the National Register Programs
Manual.
Section VI. Transfer of HPF Monies to CLGs
A. In order to be eligible to receive a portion of the local share of the State HPF allocation, a CLG
must:
1. Have adequate financial management systems that meet Federal standards of the
Office of Management and Budget Circular A-102 and Attachment G "Standards for
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Grantee Financial Management Systems”, are auditable in accordance with the
General Accounting Office Standards for Audit of Governmental Organization
Programs, Activities, and Functions, and are evaluated annually by the SHPO or
designee.
2. Adhere to all requirements of the National Register Programs Manual or successor
manual. These requirements include the following:
a. Indirect costs may be charged as part of the CLG grant only if the CLG
meets the requirements of the Manual.
b. Unless the CLG has a Federally approved, current indirect cost rate only
direct cost may be charged.
3. Adhere to any requirements and special conditions mandated by Congress pertaining
to the HPF.
B. At least 10% of the State's HPF allocation will be made available, on a competitive basis, to
CLGs, on a matching basis, for historic preservation activities and projects eligible for HPF
assistance as follows:
1. Operations
a. CLGs receiving HPF. funds from the CLG share shall be considered
subgrantees of the State.
b. Transferred monies shall not be applied as matching share for any other
Federal grant, except as permitted under the National Register Programs
Manual.
c. CLG requirements shall be included in the State's written grant agreement
with the local government.
d. Any State directed specific uses of HPF funds are to be for activities that
are eligible for HPF assistance.
e. Any State directed specific uses of HPF funds are to be consistent with the
State comprehensive historic preservation planning process.
f. The State will be responsible, through financial audit, for the proper
accounting of HPF CLG share monies in accordance with the Office of
Management and Budget Circular A-102, Attachment P, “Audit
Requirement”.
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2. Notification
a. Within 30 days after notification by the Department of the Interior of the
State's projected annual allocation, the SHPO will notify CLGs, in writing, of
the amount of funds available for transfer and solicit applications for that
funding.
b. Within 60 days after the date of the written notice required by subdivision a,
the SHPO must receive the funding applications from the CLGs.
c. Within 30 days after the SHPO receives the formal obligation of funds from
the Department of the Interior, the SHPO will notify the CLGs of any grant
awards.
3. Funding Priorities: The SHPO will award funds competitively to CLGs based on the
following, and after consideration of the proposal and the status of the CLGs historic
preservation program:
a. Administration of a local preservation program with emphasis on survey.
b. Administration of a local preservation program with emphasis on nomination.
c. Administration of a local preservation program with emphasis on protection
activities.
d. Administration of a local preservation program with emphasis on integrating
historic preservation goals with the community's planning process.
e. Administration of a local preservation program with emphasis on increasing
the effectiveness of the local government in addressing historic preservation
issues and needs.
f. Administration of a local preservation program with emphasis on increasing
the community's awareness and understanding of historic preservation
values.
4. Eligibility: Every CLG is eligible to receive funding, but no CLG will automatically
receive funding.
5. Criteria for Selection: The SHPO and State Parks Board will evaluate and select
projects based on the following criteria:
a. An application must clearly state a specific goal or goals that are
measurable and attainable within the funding period.
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b. A CLG must demonstrate an understanding of State and local preservation
priorities.
c. A CLG must assure an acceptable matching share.
d. The funds awarded to an applicant will be sufficient to generate effects
directly as a result of the funds transfer. Furthermore, the requirements for
tangible results may not be waived even if there are many otherwise eligible
applicants for the CLG share.
e. Reasonable efforts wilt be made to distribute funds among the maximum
number of eligible CLGs and between urban and rural areas of the State. If
there are multiple eligible CLGs, no CLG will receive a disproportionate
share of the HPF allocation.
f. The SHPO will make available, upon request, the rationale for the applicants
selected and the amounts awarded.
6. Procedure: The chief elected official of a CLG shall submit to the SHPO an annual
application, developed by the SHPO for CLG Share Funds, which outlines the
proposed activity and the budget, including the source of match. Application
materials will also include a copy of the jurisdiction's last audit which discusses, in
part, adequacy of financing. The SHPO will develop the application forms.
Section VII. CLG Participation in the National Register Nomination Process
A. CLGs must participate in the National Register Nomination Process, as follows:
1. The SHPO will forward a copy of completed National Register nominations within the
CLG's jurisdiction with a summary sheet to the CLG's chief elected official, the
property owner and the Chair of the Commission, within 30 days after receipt of the
nomination. It will be the responsibility of the Commission Chair to disseminate this
information to the Commission members.
The Commission shall provide for a reasonable opportunity for public comment prior
to preparing a report. After receipt of such report and recommendation, or if no such
report and recommendation are received within 60 days, the SHPO may make the
nomination pursuant to Section 101(a) of the National Historic Preservation Act of
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1966, as amended. The SHPO may expedite such process with the concurrence of
the CLG.
2. Within 60 days of receipt of the nomination and summary sheet, the CIG's chief
elected official shall transmit the Commission's report and the official's
recommendation to the SHPO, regarding the eligibility of the property. If the
Commission and the chief elected official do not agree, both opinions will be
forwarded to the SHPO and property owner(s). The reports may indicate that no
opinion is given.
3. If both the Commission and the chief local elected official recommend that a property
not be nominated to the National Register, the SHPO shall take no further action,
unless within 30 days of the receipt of such recommendation by the SHPO an appeal
is filed with the State. If such an appeal is filed, the SHPO will follow the established
procedures set forth in the National Historic Preservation Act of 1966, as amended
(Section 101 (a)). Any report and recommendations made under this subsection shall
be included with any nomination submitted by the State to the Secretary.
B. Upon written agreement between the CLG and the SHPO, the CLG may elect to assume
responsibility for notification of property owners and the public throughout the nomination
process. In this case, the CLG must meet the public notice requirements specified by the
National Register nomination procedures of the Department of the Interior. If a CLG assumes
the notification responsibilities, the SHPO will provide guidelines regarding persons to be
contacted and the content and timing of the notification letters.
December, 1990
Arizona State Historic Preservation Office
Exhibit B
Exhibit C