MEMORANDUM OF UNDERSTANDING. This MEMORANDUM OF UNDERSTANDING is entered into this by and between the Commonwealth

Memorandum of Understanding No. 430662 MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING is entered into this day of 2004 by and between...
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Memorandum of Understanding No.

430662

MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING is entered into this day of

2004 by and between the Common-

wealth of Pennsylvania, Department of Transportation, hereinafter referred to as the "DEPARTMENT", and the Pennsylvania Historical and Museum Commission, hereinafter referred to as the "PHMC", sets forth the responsibilities of the signatory agencies (Parties) relative to the provision of additional resources for expedited environmental reviews of highway projects with the goal of achieving timely design and implementation of adequate, safe and economical highway improvements while also assuring such design and implementation is sensitive to the protection of the Commonwealth’s historical resources for which the PHMC is responsible under Federal and State statute and regulation. WITNESSETH: Whereas, this agreement is entered into under the Authority of Section 1309 of Transportation Equity Act for the 21’st Century (TEA-21); and, Whereas, Section 1309 of TEA-21 directs the U.S. Department of Transportation to develop a coordinated environmental review

process to streamline and expedite environmental reviews for highway construction projects; and, WHEREAS, pursuant to Section 106 of the National Historic Preservation Act of 1966 (as amended) and Sections 507 through 510 of the History Code of the Commonwealth of Pennsylvania, Act 1988-72, 37 Pa.C.S. Section 101 et. seq., the PHMC is responsible for review of Federal and Commonwealth agency actions which may affect cultural resources; and, WHEREAS, PHMC currently reviews DEPARTMENT projects in regard to cultural resources; and, WHEREAS, the DEPARTMENT has a number of transportation projects which PHMC is to review and desires PHMC, which acts as the State Historic Preservation Office, to increase its level of involvement during the project development process such that the final PHMC reviews do not constitute an unnecessary delay in DEPARTMENT project implementation; and, WHEREAS, PHMC has indicated that it is unable to provide the DEPARTMENT with priority processing of DEPARTMENT submissions and increase PHMC's involvement in the DEPARTMENT's transportation project development process; and, WHEREAS, both parties have determined that it would be mutually beneficial to provide funding to PHMC to allow for increased staff levels such that PHMC could provide the DEPARTMENT with

priority processing and the transportation projects could be designed in a more sensitive manner in regard to cultural resources; WHEREAS, Section 1309 of the Transportation Equity Act for the 21st Century authorizes Federal Agencies subject to the coordinated environmental review process to allocate resources to State Agencies in order to meet review time limits established under this Section in the circumstance that (1) additional resources are necessary for the Federal Agency to meet environmental review time limits and (2) these time limits are less than the customary time for such reviews; and, WHEREAS, Section 501 and 502 of the Administrative Code of 1929 (71 P.S. Sections 181 and 182) require Commonwealth departments and agencies to coordinate their work and activities with other Commonwealth departments and agencies. NOW, THEREFORE, the parties to this Memorandum set forth the following as the terms and conditions of their understanding. 1.

The DEPARTMENT will, subject to the billing provisions of paragraph 7 of this Memorandum, reimburse PHMC a total sum not to exceed One-Hundred-Twenty-Three-Thousand Four-Hundred-Ninety-Seven dollars ($123,497.00) during the state fiscal year ending June 30, 2005, for the

execution of the terms and conditions of this memorandum.

2.

PHMC will dedicate new staff, beyond that which currently processes DEPARTMENT projects on a routine basis, qualified project review specialists and other personnel as detailed in Attachment A attached hereto and made part hereof.

PHMC will use the funds provided

under this Memorandum to defray the cost of salaries, associated benefits and reimbursement of reasonable travel expenses in accordance with the Commonwealth Travel Expense Manual.

PHMC staff will work on DEPART-

MENT projects and provide expedited document review and project coordination as identified in Attachment B attached hereto and made part hereof.

3.

PHMC, furthermore, will review and respond to DEPARTMENT submissions within twenty (20) calendar days upon receipt of complete project documentation.

DEPARTMENT

High Priority projects will be expedited, with review times to be mutually agreed upon.

Determination of

High Priority will be made by the DEPARTMENT and communicated to the PHMC.

The date when this takes effect

will be mutually agreed upon by the DEPARTMENT and the

PHMC.

Extensions will be granted when mutually agreed

upon. 4.

The employees identified in Attachment A will keep daily time records identifying the number of hours spent working on each specific DEPARTMENT project and work tasks defined in Attachment B. These records will account for 100% of the time worked by each employee detailed in Attachment A, including time spent on nonDepartment work, if any.

In addition, the PHMC will

keep accurate and separate accounting records of all receipts and disbursements of all funds received pursuant to this Memorandum and produce such records for examination as required by the DEPARTMENT, the Federal Highway Administration and the Federal Transit Administration, and will permit extracts and copies to be made by the DEPARTMENT, the Federal Highway Administration, the Federal Transit Administration, and the DEPARTMENT Comptroller's Office or their duly authorized representatives.

PHMC will keep records substantiating

hours and costs billed pursuant to this Memorandum for a period of at least four (4) years after the final billing is submitted.

These records shall be subject

to audit by the DEPARTMENT, as appropriate.

5.

The PHMC will provide the DEPARTMENT, on forms approved by the DEPARTMENT, with Quarterly Status Reports and timesheets, which detail activity pursuant to this Memorandum during this period, within five (5) working days after the end of each quarter commencing September 30, 2004.

6. The PHMC's Director of the Bureau for Historic Preservation and the DEPARTMENT's Director of the Bureau of Design (or their designated representatives) will meet annually or more often if needed, to review the implementation of the provisions of this Memorandum, to review performance data, assist in the development of future performance measures and participate in a performance evaluation.

7.

Payments will be based on reimbursement for actual costs incurred by PHMC in accordance with paragraph 2 of this Memorandum and billed each quarter.

8.

In no way is it to be construed or implied that the DEPARTMENT or the PHMC are by this Memorandum intending to abrogate their obligations and duties to comply with the regulations of the Federal Advisory Council on Historic Preservation (36 CFR 800) and the laws of the

Commonwealth of Pennsylvania (History Code, Act 198872, 37 Pa.C.S. Sections 507 through 510).

9.

Either agency may terminate this Memorandum upon sixty (60) days written notice to the other.

10.

Any changes, corrections or additions to this Memorandum shall be in writing in the form of a letter signed by both the PARTIES, setting forth therein the proposed change, correction or addition.

The terminology and

provisions of such letter must conform to the requirements of the Office of General Counsel pertaining to memoranda of understanding. In addition, such letter must provide that the terms and conditions of the original Memorandum of Understanding that are not modified thereby remain in full force and effect.

Such

letter will become an amendment to this Memorandum upon full execution and approval thereof.

11.

The term of this Memorandum will run for a period of one (1) year, corresponding with the State Fiscal Year 2004/2005, unless terminated sooner in accordance with paragraph 9 of this Memorandum.

12.

This Memorandum is not intended to and does not create any contractual rights or obligations with respect to the signatory agencies or any other parties.

13.

Any dispute arising hereunder shall be submitted to the office of General Counsel for final resolution.

14.

The PHMC shall not discriminate on the basis of race, color, national origin or sex in the performance of this Memorandum of Understanding.

The PHMC shall carry

out applicable requirements of 49 C.F.R. Part 26 in the award and administration of United States Department of Transportation-assisted contracts.

Failure by the PHMC

to carry out these requirements is a material breach of this Memorandum of Understanding, which may result in its termination.

The PHMC must include this assurance

in each contract that it signs with a contractor pursuant to this Memorandum of Understanding.

The parties hereby acknowledge the foregoing as the terms and conditions of their understanding. PA HISTORICAL & MUSEUM COMMISSION

DEPARTMENT OF TRANSPORTATION

BY Executive Director, PHMC

BY Deputy Secretary of Transportation

DATE

APPROVED AS TO LEGALITY AND FORM

BY Chief Counsel, PHMC

DATE

DATE

APPROVED AS TO LEGALITY AND FORM

BY For Chief Counsel, DOT

DATE

BY Deputy General Counsel

DATE

RECORDED NO. CERTIFIED FUNDS AVAILABLE UNDER ACTIVITY PROGRAM SYMBOL AMOUNT

BY Comptroller, PHMC

DATE

BY Comptroller, DOT

DATE

Memorandum of Understanding No.430662 is split 80%, expenditure amount of $98,797.60 for Federal funds and 20%, expenditure amount of $24,699.40, for State funds. The related Federal assistance program name and number is State Transportation Program (STP); State Flexible Account. The State assistance program name and number is Highway and Safety Improvements; Appropriation 185.

Attachment A The following proposed staff shall meet the professional standards outlined in 36 CFR Part 61, U. S. Department of Interior Regulations for Implementing the National Historic Preservation Act of 1966: ¾

One (1) ( ** or the equivalent of one year’s man-hours) Historic Preservation Specialist in North American prehistoric archaeology and historic archaeology. Commonwealth of Pennsylvania Standard Pay Schedule S Pay Range 7

¾

One (1) ( ** or the equivalent of one year’s man-hours) Historic Preservation specialist in North American historic preservation or architectural history. Commonwealth of Pennsylvania Standard Pay Schedule S Pay Range 7 **

In the event that equivalent man-hours are used, a lead person in each respective discipline will be identified to serve as the Department’s contact and provide oversight and quality assurance.

Attachment B The PHMC staff will accomplish the following tasks, at a level beyond customary service and regulation, for PENNDOT, as appropriate, in order to expedite, implement and coordinate the Transportation Project Development Process and meet the DEPARTMENT's needs for compliance with applicable Commonwealth and Federal statutes: ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾ ¾

Participate at PENNDOT District field views and project meetings with the authority to make decisions Assist in the training of PENNDOT cultural resource personnel as requested Participate in annual reviews and other Quality Assurance activities associated with the Programmatic Agreements Review transportation plans and programs Participate in Agency scoping Participate in cultural resource inventory, eligibility determination and effect determination activities Provide Preliminary Environmental Analyses guidance and review Provide Preliminary and Detailed-Alternatives Analyses guidance and review Provide Alternatives Analysis Report review and comment Represent agency at meetings as appropriate Participate in the development and implementation of written PennDOT and PHMC guidance. Ensure PHMC review coordination on separate reports for the same project Attend all Agency Coordination Meetings (ACM), Special ACM and other inter-/intra-agency meetings as appropriate unless directed otherwise by PENNDOT Participate in no less than 80% of public involvement activities when requested by PENNDOT Process Preliminary Cultural Resource Review Forms (PCRRF) Provide assistance to sponsors of Transportation Enhancement funded projects, when projects have been selected by PennDOT or are otherwise directed to do so Conduct document reviews, and draft agency responses which may include but not be limited to: ƒ ƒ ƒ ƒ

Summary Cultural Resource Reports Phase I Archaeology Reports Phase II Archaeology Reports Phase III Archaeology Reports

ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ¾ ¾ ¾ ¾

¾ ¾ ¾ ¾

Phase I/II/III Work Plans Historic Structure Survey Reports Determination of Eligibility Reports Determination of Effect Reports Preliminary Alternatives Reports Environmental Impact Statements Environmental Impact Statement Comment Resolution Environmental Assessments Categorical Exclusion Evaluations FONSI Requests Environmental Evaluation Reports Mitigation Reports and Plans Memoranda of Agreement/Programmatic Agreements HABS/HAER and State Recordations Policies and Procedures

Organize meetings or phone conference calls to clarify problems at the request PENNDOT Respond to all PENNDOT telephone calls or emails within three (3) working days Provide curation guidance Perform cultural resource data base entry and management including, but not limited to, the development of the jointly funded GIS system when applicable and when requested by PennDOT Participate in research activities Participate on other PENNDOT task forces, committees, and groups, as requested Provide technical assistance and resources necessary to complete joint initiatives that have been mutually committed to Perform other related tasks as defined by PENNDOT and agreed to by PHMC.