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Historic Pres Scholarship GrantMEMORANDUM June 25, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Scholarship Grant for Historic Preservation Commissioners and Staff The City has been awarded a $1,000 scholarship grant to send two Historic Preservation Commissioners and two Planning Services staff to Forum 2002 in San Antonio, Texas. Forum 2002 is the annual conference of the National Alliance of Preservation Commissions. One of the service objectives of the Planning Services Department is to provide Commissioners with educational and training opportunities such as this. The Planning Services Department has the necessary matching funds budgeted for this grant. Planning Services Manager Laura Carstens recommends execution of the grant agreement for this scholarship. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM June 26, 2002 To: Michael Van Milligen, City Manager From: Laura Carstens, Planning Services Manager Subject: Scholarship Grant for Historic Preservation Commissioners and Staff The City has been awarded a $1,000 scholarship grant to send two Historic Preservation Commissioners and two Planning Services staff to Forum 2002 in San Antonio, Texas. Forum 2002 is the annual conference of the National Alliance of Preservation Commissions. One of the service objectives of the Planning Services Department is to provide Commissioners with educational and training opportunities such as this. The travel expenses are estimated to be $3,600. The Planning Services Department has the necessary matching funds budgeted for this grant. The Department has $2,875 in the City Planning Activity and $1,333 in the Development Services Activity for education and training. I recommend that the City Council authorize the Mayor to sign the enclosed grant agreement for this scholarship. Enclosure Contract No. 02-014 STATE HISTORICAL SOCIETY OF IOWA GRANT-IN-AID AGREEMENT FOR: City of Dubuque Scholarship to attend FORUM 2002 This agreement is made and entered into by and between City of Dubuque. Iowa. hereinafter referred to as the RECIPIENT, and the STATE HISTORICAL SOCIETY OF IOWA. hereinafter referred to as the STATE; WITNESSETH THAT: WHEREAS. the STATE. is interested in broadening the role of local governmems in historic preservation through the Certified Local Government program: and WHEREAS, the STATE, in accordance with the National Historic Preservation Amendments of 1980, ~s providing 10% of its annual federal Histodc Preservation Fund appropriation to Certified Local Governmen[s; and WHEREAS, the RECIPIENT has demonstrated its interest in historic preservation by becoming a Certified Local Government. and desires to use [he Scholarship to attend Forum 2002; NOW THEREFORE. it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit C); 2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a 3ermanent copy of financial records suitable for State and Federal audit as directed under the Single Audit Act of 1984. P.L. 98-502, if required; That the STATE provide for only project costs e g b e under provisions stipulated by the National Park Service, U.S Depar~mem of the Intedor for grants -in-aid. Project work which does not meet Secretary of Interior StanSards will not be reimbursed for under this contrac[; 5. That the STATE monitor the project and provide input as called for in the attached Scooe of Work (Exhibit C); That the Recipient and the STATE mutually agree that if, during the duration of[he contract, it is deemed necessary by either party to make alterations to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in e.~ect as of the date of the amendment unless otherwise specified within the amendment; - 7. That the STATE agrees to pay the project eligible costs under the terms of this Agreement; 8. That the RECIPIENT and the STATE mutualIy agree to abide by the general and specific conditions attached here[o as Exhibits A, B, and C; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this contract will be completed by June 30.2003: 10 That the RECIPIENT and the STATE mutually agree that the cost of this contract shall be. All eligible costs necessary to carry out the project shall be-i~k~ally advanced by the RECIPIENT and then the STATE shall reimburse the RECIPIENT for $1,000.00, upon receipt of all work uroducts and as specified in the Scope of Work. The agreemen[ will end on June 30, 2003. The final bill must be submittec with the final report by June 30, 2003. 11 Expenditures are to be according [o the Budget, attached as Exhibit C. Adjustments between budget categories are 'permissible following written mutual consent between the RECIPIENT and the STATE; 12. The RECIPIENT will faithfully comply with all applicable Federal and State laws. regulations and guidelines, including the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13, The RECIPIENT shall hold the STATE and federal government harmless from damages in any action arising from the performance of work described herein. IN WITNESS WHEREOF, the parties hereto have execu[ed this contract on the day and year last specified below RECIPIENT Terrance Duggan, Mayor, City of Dubuque, Iowa Date STATE Lowell Soike, Deputy State Historic Preservation Officer Date EXHIBIT A GENERAL CONDITIONS - ARTICLE I - Amendment of Contract: The RECIPIENT or the STATE ms.y?dudng the duration of the Contract, deem it necessary to make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shalI be incorporated into this Contract. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified withi'n the amendment. A waiver of any conditions of this Contract must be in writing from a duly authorized official of the STATE. ARi'ICLE 11 - Patent and Copyright: a. No material or product in whole or in par[ under this Contract shall be subject to patent or copyright by either part in the United States or in any other country. b. The U.S. Deoartment of the Interior reserves a royalty-flee no-exclusive and irrevocable license to reproduce, publish. or otherwise use, and to authorize others to use. any materials produced in whole or in part under this Contract for government purposes. Any oublication by the RECIPIENT must bear in an appropriate place an acknowledgment of grant support under the National Historic Preservation Act of 1966. as amended, from the U.S. Department of the Interior and the State Historical Society of iowa. ARTICLE III - Accounts and Records: a, Accounts - the RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Contract to the extent and in such detail as will oroperly reflect all costs, direct and indirect, of labor, materials, supplies, services, and other costs and expenses of whatever nature for which payment is claimed under this Contract. b. Audit and Insoection - At all times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make available to the STATE all of its records, pertaining to ail matters covered by this Contract and shall permit the STATE to audit, examine and make excerpts from such records and all other matters covered by this Contract. c. Retention of Financial Records - All records in the 2ossession of the RECIPIENT pertaining to this Contract shall be retained by the RECIPIENT for a 2eriod of three (3) years beginning with the date upon which fina payment under this Contract is issued. All records shall be retained beyond the three 13) year period if audit findings have not been resolved within that period. d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs incurred by the RECIPIENT in the conduct of this project. All claims shall include copies of time utilization sheets, records, documents and other evidence in support of all costs and expenses incurred for the performance of this Contract. ARTICLE IV - Termination of Contract a. Termination for Cause - The STATE or the RECIPIENT may terminate this Con~ract in whole or in part. at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall promptly notify the other par~y in writing of the determination and the reasons for the termination. Together with the effective date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for no-cancelabie obligations uo to the amount of $1.000.00. if said obligations are properly incurred by the RECIPIENT prior to termination. The STATE shall terminate the contract if it determines that the RECIPIENT is not following cost eligibility as outlined in the Secretary of Interior Standards, 36 CFR; OMB Circular A-87; ano OMB Circular A-102. b. Termination for Convenience - The STATE and the RECIPIENT may terminate this Contract in whole or in oart, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effect date and, in the case of partial termination, the portion to be terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date. and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit t~)~;~e RECIPIENT for non-cancelable obligations up to the amount of award, if said obligations are properly incurred by the RECIPIENT prior to termination. c. Termination due to Non-Appropriation - Notwithstanding any other provisions of this Contract, if funds anticioated for the continued fulfillment of the Contract are at any time not forthcoming or insufficient, either through the failure of the Federal Government or of the State of Iowa to appropriate funds or discontinuance or material alteration of the · program under which funds were provided. [hen the STATE shall have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the costs of this Contract becomes available within sixty (60) days subseouent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the sar0e provisions, terms and conditions as the original award. In the event of termination of this Contract due to non-appropriation, the exclusive· sole and complete reme(~y of the RECIPIENT shall be payment for service completed prior to termination d. Right in Incomplete Products - In [he event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the. option of the STATE, become its prope~y, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory WOrK completed on the project. ARTICLE V - Interest of Officials and Others: a. STATE - No officer, employee or advisor of the STATE including a member of the State Historical Society of Iowa Board of Trustees or the State Nominations Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct or indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respec~ to a subgrant, contract subcontract, or any agreement supported with state or federal assistance if the person or any of the following qas a financial interest in that application. 1. The person, the person's spouse, minor child, or panner, or; 2. Any organization in which the person is serving as an officer, director, trustee, 3artner or employee or: 3. Any person or organization with whom the person is negotiating or has any arrangements concerning prospective employment Benefit or remuneration other than a fee in accordance with applicable sfatewide proceoures includes, without exception. royalty, commission, contingent fee, professional services contract, brokerage fee. or other payment accruing to the person or any member of his immediate family. b. RECIPIENT - The RECIPIENT convenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the 2erformance of services required to De performed under this Contract. ARTICLE VI - Assignment of Interest: Neither this Agreement or any interest therein, no claim thereunder, shall be assigned or transferred by the RECIPIENT to any other party or parties. 4 ARTICLE VII - Subcontract: None of the work or services required under this Agreement shall be subcontracted by the RECIPIENT without prior written approval to subcontract by the STATE. ARTICLE Vlll - Procurement of R.r ~efessional Sen/ices and Equipment: The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This reouiras solicitations from au least three sources to oermit reasonable competition consistent with the nature ano requirements or the procurement. "Cost-p[us-a-percentage-of-cost" contracting is strictly forbidder Rather, cost reimbursement or fixed price contracting ~s required. Project principal investigators must meet the mimmum professional standards as outlined in the Code of Federal Regulations, Volume 36 Part 61. The purchase of any equipment under this agreement over $300 may not occur without prior written permission of the STATE. The STATE will not approve such purchases until the same are approved in writing by the National Park Service. EXHIBIT B SPECIAL CONDITIONS ARTICLE I - Identification of Parties: This Contract is entered into by and between the State Historical Society of Iowa. hereinafter called the STATE, and the. hereinafter called the RECIPIENT. ARTICLE II - Designation of Officials: a. STATE - The State Histodc Preservation Officer is the State Official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract, He/She may designate a member of his/her staff to negotiate, on behalf of the State, any changes to the Contract. b. RECIPIENT- City of Dubuqe, Iowa, is authorized to execute any changes in the terms, conditions, or amounts as seecified in this contract. ARTICLE II1 - Additional Special Conditions: a. Audit Requirements - The RECIPIENT shall annually have performed, on a timely basis, independent financial and compliance audits of the historic preservation funds received from the STATE. All such audits shall be conducted in accordance with applicable auditing standards set forth in OMB Circular A-128, "Audits of State ann Local Governments", pursuant to the Single Audit Act of 1984. Costs associated with such audits are the responsibility of the RECIPIENT. A copy of this audit must be submitted to the STATE. If the RECIPIENT is a non-profit organization, publio-college or university, audits shall be made in accordance with statutory requirements and the 2rovision of Circular A-110 a copy of this audit must be submitted to the STATE. b. General Obligations - All work oerformed under this Contract shall be carried out in a lawful, proper and satisfactory manner in accordance with appropriate Federal, State and Local regulations, including OMB Circular A-102 and NPS 49; and any circular. 2olicies, procedures and requirements as may from time to time be prescribed by the U.S. Department of Interior. 5 ARTICLE IV - Conditions of Payment: a. Maximum Payment - It is expressly understood ano agreed to that the maximum amounts to be paid to the RECIPIENT by the STATE for any item of work or services shall be the amount specified herein. All payments for work and services under this Contract shall be on a cost incurred, non*profit basis. D. Requisition for Payment - All payments to the RECIPIENT shall be subject to the receipt by the STATE of a Recuest for Reimbursement. This request shall be made according [o the format specified by the STATE with reimbursement to the RECIPIENT occurnng at intervals no more than sixty (60) days after approval of request. ARTICLE V - REQUIRED ACKNOWLEDGMENTS: Publication, films, exhibits, etc. developed as a part of this Contract shall acknowledge Federal aid by including [he following statement as part of the Title or Acknowledgment Section with each item produced. "This project has been funded with the assistance of a matching grant-in-aid from the State Historical Societ~ of Iowa. Community Programs Bureau, through the Department of the !nterior, National Park Service, under provisions of the National Historic Preservation Act of 1966; the opinions expressed herein are not necessarily those of the Department of the interior." ARTICLE VI - Equal Opportunity Acknowledgment: Publications, films, exhibits, etc. developed as a part.of the Contract shill acknowlecge equal opportunity and nondiscriminat]o~ oractices by including the following statement as part of the Title or Acknowledgment Section with each item produced. "This program received Federal funds from the National Park Service. Regulations of the U.S. Depar[men[ of the Interior strictly prohibit unlawful discrimination in Federally Assisted Programs on the basis af race, color: qational origin, age or handicaD. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program. U.S. Department of the Interior. National Park Service, 1849 C Street, Washington, D.C. 202402 ARTICLE VII - Certification Regarding Lobbying: This certification is required by Section 1352, Title 31, U.S. Code, The sub-grantee certifies to the best of his or her knowledge and belief that: (I) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any Derson for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, any officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal gran[, the making of any Federal loan. the entering into of any cooperative agreement, and the extension, continuation, renewat, amendment, or modification of any Federal contract, grant. loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting [o influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or coooerative agreement, the undersigned shall comolete and submit Standard Form 1963 "Disclosure Form to Reaort Lobbying," in accordance with instructions. (3~ The undersigned shall require that the language of this certification be included in the award documents for ail subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecioients shall certify accordingly. d Tiqis certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10.000 and not more than $100,000 for each such failure ARTICLE VIII - Equal Opportunity:'G~de of Fair Practices 1. The RECIPIENT will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability. The RECIPIENT will take affirmative action to insure that applicants are employed and that emeloyees are treated during employment without regard to their race. creed. color, religion, qational origin, sex. age or physical or mental disability except where it related to a bona fide · occupational qualification. Such action shall include but be not limited to the following; employment, upgrading, demotion or transfer, recruitment or.recruitment advertising; layoff or termination: rate of pay or other forms of compensation: and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees eno applicants for employment, notices setting forth provisions of this nondiscrimination clause. 2. The RECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the RECIPIENT, state that all qualified applicants will receive consideration for emeloyment without regard to race. creed, co~or. religion, national orig~n, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. 3. The RECIPIENT will send to eacn labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the RECIPIENT commitments under this nondiscrimination clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employmenT. 4. The RECIPIENT will comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order #15 of 1973, Federal Executive Order 11246 of 1965 es amended by Federal Executive Order 11275 of 1967. the Equal Employment Opportunity Act of 1972 and all orovision relevant to fair employment of the "ules and regulations of the STATE. The RECIPIENT will furnish all information and reports requested by the STATE or required by or pursuant to the rules and regulations thereof and will oermit access to payroll and employment records by the STATE for purposes of investigation to ascertain compliance with such rules, regulations or requests, or with this nondiscrimination clause. 5. In the event of the RECIPIENTS noncomoliance clauses of this contract or with any of the aforesaid rules, regulations or requests, [his contract may be canceled, terminated, or suspended in whole or in part and the RECIPIENT may be declared ineligible for further contracts with the STATE. In addition, the STATE may take such further action, aha such other sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act of 1965 as amended, Chapter 601A. Code of Iowa 1973, as heretofore and hereinafter amended, or by the Cules and regulations of the State or as otherwise provided by law. ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, incladieg time for rev~ewlng instructions, searching existing data sources, gathering and maintaining the data needed, ann completing end reviewing the collection information. Send comments regarding the burden estimate or any otner aspect of this collection of information, including suggestions for reducing this burden, to the Office of Mar~gement and Budget, Paperwork Reduction Project (0348-004-0), Washing[on, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TC THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have uuestions, p~ease contact me awarding agency. Further, certain Federal awarding agencies may require =ppl~nts to certify to additional assurances, if such is the case, you wti[ be notified, As the duty author[zed representative of the applicant. I certify that the applicant: Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capabitlty (including funds sufficient to pay the non-Federal share of project cost} to ensure proper planning, management and completion of the project oascdbed in this applicaiten. Will give the awarding agency, the Comptroller Genera[ of me United States and. if appropriate, the State, threugn any authorized reeresentafive, access to and the dght to examine ail records, books, papem, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish safeguards to orohibit employees from using their DOSitiOnS for a purpose thal ~nstitutes or presents th~ appearance of personal or organizational conflict of interest, or personal gain. Will initiate and cumulate the work within the asDlicable time frame after receipt of approval of the awarding agency. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to erascnbed standards for merit systems for programs funded unaer one of the 19 statutes or regulaitons seasitlad m Aooendix A of OPM's Standards for a Medt System of Personnel Administration [5 C.F.R. 900. Subpart F}. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights ACt of 1964 (P.L. 88-352} whmh prohibits discrimination on the barns of race, color or national origin; (b) Title iX of the Education Amendments of 1972. as amended (20 U.S.C. §§1681- 1683. and 1685-1686), which prohibits (Jiscdminatien on the basis of sex: (cf Section 504 of the Rehabilitation Act of 1973. as amended [29 U.S.C. §794), which prohibits discdminatien on the Dams of handicaps; (d) the Age Dischmination Act of 1975. as amenceo (42 U.S.C. §§6101-8107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatmem Act of 1972 (P.L 92-255~, as amended. relating to nondiscrimination on the basis of orug abuse; (0 me Comprehensive Alcohol Abuse ann Alcoholism Prevention, Treatment and RehabiIitation Act of 1970 (P.L 91-616), as amenoen, relating to nondiscrimination on the basis of alcohol eDuse or alcoholism: (g) §§523 and 527 of the Public Health Service ACt of 1912 f42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Viii of the CMl Rights Act of 1968 (42 U.S.C. §§3601 et s~q.}, ss ameceed, relating tn nondiscrimination in the safe. rental or financing of housing; (i) any other nondiscrimination provisions in [ne specific sratute(s) under which aoclication for Federal assistance ~s being made; and. (j) [ne reou~remen[s of any other nondiscitminat[on statute(s) wn~cn may apply [o the application. Will comply, or nas already comgllad, w;m the requiremen[s of Titles II ann II of me Uniform Relocation Ass[stance aha Real Property ACQUlSItiOf~ Policies Act of 1970 fP.U 91-6461 wmcn Drovloe for fair and equitable treatment of persons olsnlacec or whose propers, is acquired as a result of Federal or federalyassisted programs. These reou~rumems apply to all interests in real property aoau~rea for Drolem Will comply, as applicable, with provisions of me Hatch Act (5 U.S.C. §§1501-1508 ant 7324-7328; which limit the political actlvmas of employees WhOSe pdnctpal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Standard ForTh 4249 (Rev, Prescribed by OMB Circular A*102 8 W~II comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the CopeIecd Act (40 U.S.C. §276c and 18 U.S.C. §874), and me Contract Work Hours and Safety Standards Act (40 U.S.C. §{}327- 333), regarding abet standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the F~ood Disaster Protection Act of 1973 (P.L 93-234) which requires rec~ients in a special flood hazard ~e"a to participate in the program and to purchase flood insurance if the totaJ cost of insurable construction and acquisition is 510,000 or more. 11. Will comply with env:ronmentai standards which may be prescribed pursuant to the following: la) institution ef - environmental quality control measures under the National Environmental Policy Act of 1969 (P.L 91-190) and Executive Order lEO) 11514; lb) notifi~tion of violating facilities pursuant to EO 11738; lc) protection of wetlands pursuant to EO '11990; (d) evaluation of flood h~Tards in floodplains in accordance with EO 11988.; (e) assurance of project consistency with the approved State management program developed under the C~)astal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (0 conformity of Federal actions to State (Clean Air) Imp[ementatioo Plans under Section 176('c) o! the Clean Air Act of 1955. as amended (42 U,S.C. §{}7401 et seq.); (g) protection of underground sources of ddnking water under the Sate Ddnking Water Act of 1974. as amended (P.L 93-523); and. (h) protection of endangerea species under ti~e Endangered Species Act of 1973. as amended (P.L 93- 205), 12. 13. 14. 15. 16. 17. 18. Will comply with the Wild and Scenic Rivem Act of 1968 (16 U.S.C. §§1271 er seq.) related to Drotscang components or Dotanfial components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966. as amended (16 U.S.C. ~-70}, EO 11593 (identification and protection of histodc prcpertiesl, and the Archaeological and Histadc Preservation Act of 1974 (16 U.S.C. §§489a-1 et seq.), Will comply with P.L 93-348 regarding the prote~on of human subjects involved in research, aeve~opmant, and related activities suppor~ea Dy this award of assistance. Will compl~ with the Laperato~' Animal Welfare Am of 1966 (P.L. 89-544. as amended, 7 U.S.C. {}{}2131 et seq.} pertaining to the care. handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et sec.] which prohibits the use of earl-based saint- in construction or rehabilitation of residence structures. Will cause to be performed the resulted finanola[ and comnliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-1 33. 'Audits of States. Local Governments. end Nec-Profit Organizations." Will comely with all applicable requirements of ali other Federal laws. executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION TITLE DATE SUBMITTED Standard Form 424B (Rev. 7-97) Bact( Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug-Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete insb'uctions: Certification Regarding Deba.rrne~t. Suspension, and Other Responsibility Matters - Pdmary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations forlower tier covered transactions. See below for language to be used or use this form for cerfffication and sign, (See Appendix A of Subpart D of 43 CFR Part 12.) Certffica~Jon Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Trensa~ons - (See Appendix B of Subeart D of 43 CFR Part 12.) Certh~cetion Regarding Dreg-Free Workplace Reeuirements - A,'temate 1. (Grantees Other Than individuals) and Alternate I1. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signatore on this form provides for compliance with certJfica§on requirements under 43 CFR Parts 12 and 18, The certifications shall be heated as a material representation of fact upon which reliance will be placed when the Department of the Inteder determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK__iF THIS CERTIFICATION IS FOR A PRfMARY COVERED T~ANSACTION AND IS APPLICABLE. (1) The amspective pdmary participant cert;'fies to the best ef its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal deoartment or agency; (b) Have not within a three-yeer pedod preceding this proposal been convicted of or had a civi judgment rendered against them for commission of fraud or a cdminal offense in connection with obtaining, attempting to ootaln, or performing e public (Federal, State or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bdbery, fats~cation or destruction of records, making false statements, or rece~vthg stolen property; (c) Are not 3resentiy indicted for or otherwise criminally or civilly charged by a governmental entity (Federal State or local) w:th commission of any of the offenses enumerated in barograph (1}(b) of this certification; ane (d) Have not within a three-year period preceding this application/proposal had one or more public transactions [Federal. State or [oca0 terminated for cause or default. (2) Where the orospective pnmary participant is unable to certify to an), of the statemen[s in this certification, such DrosDect]ve participant snail a~tach an explanation to this proposal. PART B: Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK. IF THiS CERTIFICATION iS FOR A LOWER TIER COVERED TP. ANSACTION AND IS APPLICABLE. (1) The Drosoect~ve lower tier earacioant certifie.< by submission of this proposal, that neither it nor its pnnc]pals is Dresent[y debarred, suspenaee, :roposed for debarment, declared ineligible, or voluntarily excluded from parbc~pation in this transaction by any Federal denare'nent or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an exelanation to this PrOPOSaL lO CHECK~IF THIS CER'FiFICA TtON IS FOR ,,AN APPI, J~ WHO IS NOT AN INDIVIDUAL. Alternate L (Grantees Other Than individuals) A. The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement r~tifying employee~ ~t the unlawful manufacture, distdb,.~on, dispensing, pnssession, or use of a controlled substance is prohibited in the grantee's workplace and specking the ac'dons that will be taken against eroployees for violation of such prohibition: (b) Establishing an eegoin~ drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) A~y available drug counseling, rehabilitation, and eroployee assistance programs; and (4) The penates that roay be iroposed upon employees for drug abuse violations occurring in the workolace: (c) Making it a requirement that each eroployee to be engaged in the performance of the grant be given a copy of the stateroent required by paragraph (a); (d) Not~ying the employee in the ~atoment required by paragraph (a) that, as a cendtiJon of employment under the grant. the eroptoyee will -- -- (1) Abide by the terms of the statement: and (2) Notif7 the employer in writing of his or her conviction for a violation of a cdroinal drug statute occurring in the workplace no {atar than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including pos~Jon titie, to every grant officer on whose grant activity the convicted employee was working, umess [he Federal agency has designated a central point for the receipt of such notices, Notice shall include the identification numcers(s) of each affected grant4 (0 Taldng one of the following aceJons, wil~in 30 ceiendar days of receMng notice under subperagrapn (d)(2), with respect to any employee who is so convicted -- (1) Taking apprapdate personnel action against such an employee, up to and including termination, consistent with the reeuirements of the Rehabilitation Act of 1973. as amended: or (2) ~eauidng such emeloyee to eadJcieata sstisfactodly in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State. or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort, to continue to maintain a erug-free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (0- B. The grantee may insert in the space provided below [he site(s for the 2erformance of work done in connection with tJ~e seecific Place of Performance (Street address city. county, state, zie code) Check if there are workplaces on file that are not identified here. PART 3: Certification Regarding Drug-Free Workplace Requirements CHECK__IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Altamate II. (Grantees Who Are Individuals) (a) The grantee ceKdfies that. as a condition of the grant, he or she will not e~age in the unlawful manufacture, distribution. dispensing., possession, or use of a controlled substance in condu~ng any activity with the gram: (b) If convicted of a criminal drug offense resulting from a violation occurring dudng the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee. unless the Federal agency designates a central point'for the receipt of such notices. When notice is maae [o such a central point, it shall include the identificetion number(s) of each affected grant. ll PART E: Certification Regarding Lobbying Certification for Conb-acts, Grants, Loans, and Cooperative Agreements CHECK_IF CERTIFICATION IS FOR Ti'~E AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT E~CEED$ $100.000: A FEDEP. AL GRANT OR COOPERATIVE AGREEMENt; SUBCONTRACT. OR SUBGRANT UNDER THE GRANT' OR COOPERATIVE AGREEMENT. CNEC. K IF CERTIFICATION IS FOR THE AWARD OF A FEDERAL LOAN E~CEEDING THE AMOUNT OF $150,0~0, OR A SUBGRANT OR SUBCONTRACT ~CEEDING $100.000. UNDER THE LOAN. The undersigned cartifies~ to the best of his or her knowledge and belief, that: (1) No Federal approphated funds have been paid or will be paid. by or on behalf of the undemigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Cor~jress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any~=ederal cordract, the makingof any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal amendment, or modification of any Federal contrac[, grant, loan, or cooperative agraereen~. (2) If any funds other than Federal apprapdated funds have been ceid or will be paid to any person for influencing or aeempfing to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, o~ cooperative agreement, the undersigned shall complete and submit Standard ForrmLLL 'Disclosure Form to Report Lobbying," in accordanca with.its instructions. (3.} The undersigned shall reauire that the language of this certification be included in the award documents for all subawaras al all tiers .(including subcontracts SUDgrants, and con[facts under grants, loans, and COODerafive agreements) ano that ail subracipients shall cedJfy accordingly. This certification is a ma[edal reoresentation of fact unon which reliance was placed when this transaction was made or entered into. Submission of this certification is a premquislte for making or entering into this transaction imposed by Section 1352, tPJe 31, U.S. Code. Any person who foils to file the rec~ui,~ed cer~fication shall be subject to a civil penarcy of not less than $10,000 and not more than $100.000 for each such failure. As the authorized certifTing official ] hereby ceA;fy t~at the aeeve specified certifications are true. SIGNATURE OF AUTHOR[ZED CERTIFYING OFFICIAL TYPED NAME AND TITLE DATE Z2 EXHIBIT C SCOPE OF WORK AND BUDGET Terrance Duggan, Mayor, City of Dubuque, Iowa Date PART I . APPLICATION ;F-,QRMAT. All applicants submitted applications that followed this format. 1..Name of the Historic Preservation Commission 2. Scholarship Request (up to $1,000) 3. City or County Match: (Specify 'what the local government will contribute) 4. Commissioner Match: (Specify costs that each scholarship recipient would assume) 5. Commission Members who will use the scholarship: (list the names of those who will be attending forum and using the scholarship) 6. Optional Match: Conference of Workshop Proposal: Please provide the title, specify date. time and location where the workshop will occur, outline the goals and objectives of the trainingt under the program discuss the topics/activities that will be covered in the workshop as well as possible presenters and facilitators. a. Title: b. Date, Location, Time: c. Purpose: goals and objectives d. Program PART II. This part consists of the actual application submitted by the City of Dubuque 14 ?lanvin§ Services Depm, tmex~t Oty ~ ~e. Iowa (~) ~0 ~ce '~ (5~) 58~1 f~ plm~ofdu~que.or$ Kerry C. McGrath State Historical Society of Iowa 600 East Locust Street Des Moines, IA 50319-0290 Subject: Iowa Certified Local Government Scholarship Application Dear Kerry, The City of Dubuque Historic Preservation Commission i¢ subm tt ng the enclosed application for the Iowa Certified Local Government Scholarship to send commissioners and staff to Forum 2002 inSan Antonio. Reasons for Sendinq Personnel The City of Dubuque is [owa's oldest city and has a significant number of historic structures. The Historic Preservation Commission is interested in wavs to help rehabilitate these structures and protect them from being demolished~ The Commission feels that the Forum 2002 wil help provide ideas about rehabbing and protecting historic structures. On Saturday AuguSt 3, there are 4 session from 10:45am-12pm and 3:45pm- 5pm by sending four people, the Historic Preservation Commission will have a representative attend each session and receive input and materialS. Overall Performance The City of Dubuque Historic Pre§ervation Commission considers historic preservation as a vital asset to Dubuque, The following are some of the responsibilities of the Historic Preservation Commission: · Promote and conduct educational orograms · Develop and adopt design guidelines · Review and comment on nominations to the National Register of Historic Places Iowa Certified Local Government Scholarship Application · Review and approve exterior changes for buildings, sig ns and sites in historic districts · Provide design review recommendations to the City Council for public works proje¢.ts~in histodc districts and at historic landmarks. · Provide recommendations to City Council on demolition permits in demolition districts Last year, the City of Dubuque amended its Historic Preservation Ordinance to expand the Commission's role and prohibit demolition Dy neglect. In 2001, the City also expanded and strengthened it regulations for demolition districts. Recently the City of Dubuque with funding from the State Historical Society of Iowa. completed Phases I and I of conducted architectural/historical survey/evaluation of Dubuque's oldest properties: The City continues to survey properties to identity potential historic districts and national register eligibility, with Phase I11 to begin this Spring. The City also is pursuing National Historic Landmark Status for the Shot Tower. The City of Dubuque has created a Downtown Rehab Loan Pro9 ram. Fagade Grant Program. Historic Preservation Revolving Loan Fund. Historic Homeowner Grant. and tax rebates to help fund historic preservation. The City of Dubuque has created a Historic District Public Improvement Program to help fund streetscape improvements (historic lighting, street trees, benches. brick sidewalks, etc.) in the historic districts. The City also has created 13 interpretive signs for historic features along the Dubuque Heritage Trail. The City of Dubuque also has adopted Streetscape and Landscape and Architectural Guidelines for properties located in historic districts. The City of Dubuque Ks in the process of creating and conducting Desigr Review Training sessions for these guidelines. The Historic Preservation Commission would like to thank you for taking time to consider our application. If you have any questions feel free to contact me at 563-589-4210. Sincerely, Wally Wernimont Assistant Ptanner Enclosure Scholarship Application for Forum 2002 11 Name of the Historic Preservation Commission: City of Dubuque Historic Preservation Commission 2) Scholarship Request (up to $1,000) Requesting $ ~, 000 3) City or County Match: (Specify any cash or in~kind match that the local government will contribute) $2410 4) Commissioner Match: (Specify any cash or in-kind match that the commission would contribute) $0 5) Scholarship Recipient Match: (Specify any cash or in-kind match that the scholarship recipient would contribute) Terry Mozena $340 Chris Wand $250 6) Commission Members who will use the scholarship: (list the names of those who will be attending forum and using the scholarship) Terry Mozena Chris Wand Laura Carstens Wally Wernimont 7) Optional Match: Conference of Workshop Proposal: Please provide tne title, specify date, time and Iocatior~'where the workshop will occur, outline the goals and objectives of the training, under the program discuss the topics/activities that will be covered in the workshop as welt as possible presenters and facilitators. a Title: b. Date. Location, Time: c. Purpose: goals and objectives d. Program