Common use of Qualified Professionals Clause in Contracts

Qualified Professionals. Some projects may require that Recipients retain qualified professionals in architectural history/historic preservation or archaeology. The Agency will ensure that Recipients of CDBG funds will contract with qualified professionals who meet the Secretary of the Interior's Professional Qualifications Standards, found in 36 CFR 61 (48 FR 44738-9), and have a clear understanding of how to interpret and apply the Secretary of the Interior's Standards and the National Register criteria, and have attended the VDHP Consultant Training (in person or via webinar) within the last three (3) years, to carry out reviews related to their profession that are required under the terms of this Programmatic Agreement. Training(s) shall be coordinated and presented in collaboration with the CDBG Environmental Officer. The Agency, in consultation with the SHPO, shall develop a list of pre-qualified professionals for use in the CDBG Programs. Responsibilities delegated to the qualified professional include: identifying and evaluating historic properties; reviewing plans and specifications; making recommendations for determinations of eligibility and effect; preparing comment letters and other documents for SHPO concurrence; and other tasks related to Section 106 compliance under this Programmatic Agreement. The qualified professional shall consult with the VDHP when there is a potential for historic properties to be affected as noted on the §106 Preliminary Review Form (PRF) and will continue throughout the course of consultation for project review. Contact with VDHP is encouraged early and often in the project planning and implementation stages. The Agency shall keep resumes of qualified professionals on file and available to the SHPO if requested. If a professional who has been included on the pre-qualified list fails to adhere to the Secretary of the Interior’s Standards, the National Register criteria, or the terms of this Programmatic Agreement, the Agency, in consultation with the SHPO, may remove the professional from the pre-qualified list, according to the following procedures: a. If work is deemed unsatisfactory, the Agency, in consultation with SHPO, will notify the qualified professional in writing of the specific concerns, expectations for correcting concerns, and related timeline; b. If the qualified professional does not rectify the issues per the written notification and continues to fail to adhere to the Standards, the Agency, in consultation with SHPO, may remove the professional from the pre-qualified list; and c. Further guidance related to the pre-qualified list and criteria for eligibility on the pre-qualified list is provided in the CDBG Section 106 Project Review Manual. Should the Agency determine that Recipients cannot contract with qualified historic preservation professionals to carry out the review pursuant to this Programmatic Agreement, the Agency shall consult with the SHPO to determine alternate administrative arrangements for the Agency to complete the reviews required pursuant to this Programmatic Agreement. The Agency shall notify the Council in writing of any alternate procedures approved by the SHPO.

Qualified Professionals. 1. Some projects may require that Recipients retain qualified professionals in architectural history/historic preservation or archaeology. The Agency will ensure that Recipients of CDBG funds will contract with qualified professionals who meet the Secretary of the Interior's Professional Qualifications Standards, found in 36 CFR 61 (48 FR 44738-9), and have a clear understanding of how to interpret and apply the Secretary of the Interior's Standards and the National Register criteria, and have attended the VDHP Consultant Training (in person or via webinar) within the last three (3) years, to carry out reviews related to their profession that are required under the terms of this Programmatic Agreement. Training(s) shall be coordinated and presented in collaboration with the CDBG Environmental Officer. The Agency, in consultation with the SHPO, shall develop a list of pre-qualified professionals for use in the CDBG Programs. Responsibilities delegated to the qualified professional include: : a. identifying and evaluating historic properties; ; b. reviewing plans and specifications; ; c. making recommendations for determinations of eligibility and effect; ; ▇. preparing comment letters and other documents for SHPO concurrence; and and e. other tasks related to Section 106 compliance under this Programmatic Agreement. 2. The qualified professional shall consult with the VDHP when there is a potential for historic properties to be affected as noted on the §Section 106 Preliminary Review Form (PRF) and will continue throughout the course of consultation for project review. Contact with VDHP is encouraged early and often in the project planning and implementation stages. 3. The Agency shall keep resumes of qualified professionals on file and available to the SHPO if requested. 4. If a professional who has been included on the pre-qualified list fails to adhere to the Secretary of the Interior’s Standards, the National Register criteria, or the terms of this Programmatic Agreement, the Agency, in consultation with the SHPO, may remove the professional from the pre-qualified list, according to the following procedures: a. If work is deemed unsatisfactory, the Agency, in consultation with SHPO, will notify the qualified professional in writing of the specific concerns, expectations for correcting concerns, and related timeline; b. If the qualified professional does not rectify the issues per the written notification and continues to fail to adhere to the Standards, the Agency, in consultation with SHPO, may remove the professional from the pre-qualified list; and c. Further guidance related to the pre-qualified list and criteria for eligibility on the pre-qualified list is provided in the CDBG Section 106 Project Review Manual. 5. Should the Agency determine that Recipients cannot contract with qualified historic preservation professionals to carry out the review pursuant to this Programmatic Agreement, the Agency shall consult with the SHPO to determine alternate administrative arrangements for the Agency to complete the reviews required pursuant to this Programmatic Agreement. The Agency shall notify the Council ACHP in writing of any alternate procedures approved by the SHPO.

Qualified Professionals. Some projects may require that Recipients CEDO retain qualified professionals in architectural history/historic preservation or archaeology. The Agency CEDO will contract with, or will ensure that Recipients of CDBG funds will contract with with, qualified professionals who meet the Secretary of the Interior's Professional Qualifications Standards, found in 36 CFR 61 (48 FR 44738-9), and . The qualified professional will carry out reviews related to his/her profession that are required under the terms of this PA. The qualified professional shall have a clear understanding of how to interpret and apply the Secretary of the Interior's Standards and the National Register criteria, and have attended the annual VDHP Consultant Training (in person or via webinar) within the last three (3) years, to carry out reviews related to their profession that are required under the terms of this Programmatic Agreement. Training(s) shall be coordinated and presented in collaboration with the CDBG Environmental Officer. The Agency, in consultation with the SHPO, shall develop a list of pre-qualified professionals for use in the CDBG ProgramsTraining. Responsibilities delegated to the qualified professional include: identifying and evaluating historic properties; reviewing plans and specifications; making recommendations for determinations of eligibility and effect; preparing comment letters and other documents for SHPO concurrence; and other tasks related to Section 106 compliance under this Programmatic AgreementPA. CEDO shall contract with only those consultants identified by SHPO as “Vermont Community Development Approved Consultants.” This list is updated each October 1st. With advance approval of SHPO, qualified CEDO employees may perform select tasks identified in this PA, without retaining a qualified professional. To qualify, the CEDO employee must attend VDHP annual consultant training and Section 106 training with the Advisory Council on Historic Preservation or the equivalent, every five years. CEDO shall notify SHPO of the contracted qualified historic preservation professional or approved CEDO employee annually. The qualified professional or approved CEDO employee shall consult with the VDHP when there is a potential for historic properties to be affected as noted on the §Section 106 Preliminary Project Review Form (CEDO-PRF) and will continue throughout the course of consultation for project review. Contact with VDHP is encouraged early and often in the project planning and implementation stages. The Agency shall keep resumes of qualified professionals on file and available Should CEDO be unable to the SHPO if requested. If a professional who has been included on the pre-qualified list fails to adhere to the Secretary of the Interior’s Standards, the National Register criteria, or the terms of this Programmatic Agreement, the Agency, in consultation with the SHPO, may remove the professional from the pre-qualified list, according to the following procedures: a. If work is deemed unsatisfactory, the Agency, in consultation with SHPO, will notify the qualified professional in writing of the specific concerns, expectations for correcting concerns, and related timeline; b. If the qualified professional does not rectify the issues per the written notification and continues to fail to adhere to the Standards, the Agency, in consultation with SHPO, may remove the professional from the pre-qualified list; and c. Further guidance related to the pre-qualified list and criteria for eligibility on the pre-qualified list is provided in the CDBG Section 106 Project Review Manual. Should the Agency determine that Recipients cannot contract with qualified historic preservation professionals to carry out the identification and evaluation review pursuant to this Programmatic AgreementPA, the Agency CEDO shall consult with the SHPO to determine alternate administrative arrangements for the Agency to complete the reviews required pursuant to this Programmatic AgreementPA. The Agency CEDO shall notify the Council in writing of any alternate procedures approved by the SHPO.