Pyatigorsk Pk LWCF Grant App
DU~~E
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MEMORANDUM
March 8, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: LWCF Grant Application for Pyatigorsk Park
Planning Services Manager Laura Carstens is recommending City Council approval to
submit an application for a Land and Water Conservation Fund (LWCF) grant to the
Iowa Department of Natural Resources to be used for construction of Pyatigorsk Park.
The estimated project cost for Pyatigorsk Park is $250,000. The LWCF grant is a 50%
grant, and the application is for $125,000. If the grant is awarded, the federal funds
provide a portion of the City's match for Vision Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(ì1AJJ ~ ~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
March 8, 2004
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
SUBJECT: LWCF Grant Application for Pyatigorsk Park
INTRODUCTION
Enclosed is a resolution and a Land and Water Conservation Fund (LWCF) grant
application to the Iowa Department of Natural Resources for Pyatigorsk Park, for review
and approval by the City Council.
PROJECT DESCRIPTION
Pyatigorsk Park will be located at 16th Street and Kerper Boulevard and is named after
our Russian sister city. The basic design for the park was provided by a landscape
architect from Pyatigorsk, and then adapted by City Engineering staff to fit this site.
Cobblestones and pavers from historic Dubuque streets will be used in the design for
the park. The intersection at 16th Street and Kerper Boulevard is one of the major
gateways to the City and this development would enhance the appearance of the area,
serve as a trail head for the Heritage Trail Riverfront System and provide parking and
easy access, especially for the disabled, to the riverfront trails.
BUDGET IMPACT
Pyatigorsk Park is budgeted for FY06 with $178,000 in DRA distribution as the funding
source. Pyatigorsk Park is a required construction element of the America's River
Project as part of the Vision Iowa grant agreement.
The Land and Water Conservation Fund (LWCF) is a federally funded grant program of
the National Park Service that is administered as a pass-through grant by the Iowa
Department of Natural Resources. Budget Director Dawn Lang has noted that if this
grant is awarded, the federal funds provide a portion of the City's match for Vision
Iowa.
Pyatigorsk Park
Page 2
The estimated project cost for Pyatigorsk Park is $250,000. The LWCF grant is a 50%
grant, with the City of Dubuque eligible to request up to $175,000. The grant
application is for $125,000.
Planning Services staff, working with City Engineering, has attempted to secure state
grants for the development of Pyatigorsk Park in the last six months.
On August 14, 2003, the City submitted a REAP grant application to the Iowa
Department of Natural Resources for Pyatigorsk Park. On September 9, 2003, the
IDNR voted to not fund the City's REAP grant request for Pyatigorsk Park.
On September 30, 2003, the City submitted a Federal Recreation Trails grant to the
Iowa Department of Transportation for Pyatigorsk Park. On February 19, 2004, the
IDOT informed the City that the grant request for Pyatigorsk Park had not been funded.
RECOMMENDATION
I recommend that the City Council approve the enclosed resolution authorizing the
submittal of a LWCF grant application to the Iowa Department of Natural Resources for
Pyatigorsk Park.
LWCF grant applications are due to the Iowa Department of Natural Resources on
March 15th. Planning Services staff will submit the application to meet this deadline. If
the City Council does not approve the application at their March 15, 2004 meeting, then
Planning Services staff will withdraw the application.
LC/mkr
Enclosures
cc:
Dawn Lang, Budget Director
Gil Spence, Leisure Services Manager
Mike Felderman, Civil Engineer
Prepared by: Laura Carstens. Citv Planner Address: CitY Hall. 50 W. 13th 5t Telephone: 589-4210
RESOLUTION NO. 101-04
RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IOWA
DEPARTMENT OF NATURAL RESOURCES FOR FEDERAL LAND AND
WATER CONSERVATION FUNDS FOR THE DEVELOPMENT OF
PYATIGORSK PARK
Whereas, the City of Dubuque has identified Pyatigorsk Park as an important
trailhead facility to be developed as part of the Heritage Trail Riverfront System and
America's River Project; and
Whereas, the City of Dubuque is interested in acquiring lands or developing
outdoor recreational facilities on the following described project for the enjoyment of the
citizenry of Dubuque and the State Iowa
Project Title: Pyatigorsk Park
Total Estimated Cost: $250,000
Brief Description of Project: Development of a public park at a
gateway to Iowa and Dubuque to serve as a trailhead for the Heritage Trail Riverfront
system along the Mississippi.
Whereas, the Iowa Department of Natural Resources has Federal Land and
Water Conservation Funds for the development of trail-related projects; and
Whereas, the City of Dubuque has adopted a Comprehensive Plan and a
Riverfront Plan that include goals for development of trail heads and public parks along
the Heritage Trail Riverfront System; and
Whereas, Land and Water Conservation Fund financial assistance is required
for the acquisition or development of said outdoor recreational facilities.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA THAT THE PROJECT DESCRIBED ABOVE BE AUTHORIZED;
AND
BE IT FURTHER RESOLVED THAT:
1. The City of Dubuque make application to the Iowa Department of Natural
Resources to seek Land and Water Conservation Fund financial assistance from the
National Park Service in the amount of 50% of the actual cost of the project in behalf of
said
"
. Resolution No.
Pyatigorsk Park
Page 2
-04
2.
That said City of Dubuque certifies to the following:
a) That it will accept the terms and conditions set for the in the NPS
Grants-in-Aid Manual and which will be a part of the project agreement for any grant
awarded under the attached proposal.
b) That it is in complete accord with the attached proposal and that it
will carry out the acquisition and/or development in the manner described in the
proposal and any plans and specifications attached thereto unless prior approval for
any change has been received from the Iowa Department of Natural Resources.
c) That is has the ability and intention to finance its share of the cost
of the project and that the project will be operated and maintained at the expense of
said City of Dubuque for public outdoor recreational use.
d) That no financial assistance has been given or promised under any
other federal program or activity with regard to the proposed project.
e) That it will not discriminate against any person on the basis of
race, color, or natural origin in the use of any property or failure acquired or developed
pursuant to this proposal, and shall comply with the terms and intent of the Title VI of
the Civil Rights Action of 1964 P.L. 88-352 (1964), and of the regulations promulgated
pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17.
f) That it will maintain adequate financial records on the proposed
project to substantiate claims for cost sharing.
Section 1. The Mayor hereby is authorized to sign this resolution authorizing
application to the Iowa Department of Natural Resources for Federal Land and Water
Conservation Funds for Pyatigorsk Park.
Section 2. The Planning Services Manager is hereby authorized to submit the
application to the Iowa Department of Natural Resources for Land and Water
Conservation Funds for Pyatigorsk Park.
Passed, approved and adopted this 15th day of March, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
;,---- :/ Áf2)
eanne F. Schneider, City Clerk
1. DESCRIPTION OF THE PROPOSED PROJECT
A. Location of the Project Site:
According to the Mississippi River Trails website, "Northeastern Iowa contains some of
the most spectacular scenic views along the northern stretches of the Mississippi River
Trail, and perhaps nowhere are these views as magnificent as Dubuque County.
Steeply rolling hills and long-settled farm country form the landscape. The City of
Dubuque lies along the river among the hills of the region." The Mississippi River is
Dubuque's greatest resource and the most definitive aspect of our geography.
The proposed 1.08 acre site for Pyatigorsk Park is located in the city of Dubuque in
Dubuque County at the intersection of Kerper Boulevard and 16th Street. The location is
in direct proximity to U.S. Highway 61/151 going to Wisconsin.
This intersection is one of the major gateways to our city and our State, being just off
the U.S. Highway 61/151 exit ramp coming into Dubuque. It is near the Great River
Road that runs through Dubuque from Highway 52 north near Sageville along Central
Avenue (which is in the heart of the city), and then south on Highway 52 to Bellevue.
Pyatigorsk Park will be adjacent to the Peosta Channel on the
Mississippi River, and north of Lock and Dam # 11. Across
Peosta Channel to the east is Schmitt Island, home to the
Dubuque Greyhound Park and Casino, MacAleece Sports
Complex, Miller- Riverview Park, and the Heron Pond
Wetlands Nature Trail. The Park area is also contiguous to the
Dubuque Jaycees Trail, which parallels the Peosta Channel.
The City of Dubuque has received a grant from the Iowa
Department of Transportation to connect the Heron Pond
Wetlands Nature Trail and other recreational amenities on
Schmitt Island with Pyatigorsk Park via a trail using the 16th
Street Bridge.
B. Scope of the Proposed Project:
Pyatigorsk Park includes the development of a park on land acquired by the City of
Dubuque. The City of Dubuque has leased approximately 10,308 square feet of highway
right-of-way in the area under the U.S.61/151 Bridge with the Iowa Department of
Transportation for the parking lot that will serve the park and trail users. The parking lot
features two designated handicapped parking spaces and will accommodate twenty-one
cars. The park will provide a picnic and rest area for residents and visitors of present and
future generations.
The idea for this project surfaced in 1989 when the Dubuque City Council was
approached with a request that the city dedicate green space as a park in honor of our
Russian sister city, Pyatigorsk. The basic design for the park was provided by a
1
1. DESCRIPTION OF THE PROPOSED PROJECT
landscape architect from Pyatigorsk, and then adapted by our City Engineering staff to
fit the site.
The park design includes a picnic area and a small plaza that are visually separated
from the parking by ornamental iron fencing. The picnic area features a central focal
point, a flowerbed, with cineraria, blue morning glory, begonia and white Canna lilies.
South of the picnic area is an eight-foot cobblestone path, bordered by crushed stone
pathways that lead to the small plaza area that includes a small grotto. The grotto will
contain an informational sign about our Russian sister city, Pyatigorsk. Along the
cobblestone path are four concrete benches, a grassy slope, a rose garden and
evergreen holly bushes. Crabapple and mid-size fir trees are interspersed throughout
this area. Cobblestones and brick pavers from historic Dubuque streets will be used in
the design of the park. The City of Dubuque Leisure Services Department will be
responsible for the operation and maintenance of Pyatigorsk Park .The Leisure
Services Department has a complement of full-time and seasonal employees in its Park
Division that operate the public park and trail systems in the community.
C. Purpose of Proposed Project:
Pyatigorsk Park will provide a link with components of the Heritage Trail Riverfront
System that will include the Dubuque Jaycees Trail that runs along the Peosta Channel
on the Mississippi River and the Heron Pond Wetlands Nature Trail on Schmitt Island.
The Heron Pond Wetlands Nature Trail will be extended along Greyhound Park Road
and across the Peosta Channel on the 16th Street Bridge to link with the Dubuque
Jaycees Trail at the Pyatigorsk Park and trailhead. The park will create a connecting
trailhead for the Heritage Trail Riverfront System that continues west on 16th Street to
the principal route through downtown Dubuque.
Pyatigorsk Park will enhance the appearance of the area, and provide better parking
and easier access for disabled and elderly visitors and families with young children in
strollers. The parking lot will provide handicapped-accessible designated spaces, and
follow the guidelines developed in the American for Disabilities Act. The park will serve
residents who work or live in the neighborhood as well as tourists who are on their way
to other attractions in the area who want to bike, hike, jog, walk and enjoy nature trail
activities. Interpretive signage will educate tourists and residents to tell the story of
Pyatigorsk, our Russian sister city, and the history of the Pyatigorsk Park project.
The park also addresses the overall goals of the Iowa Open Spaces Program to
educate the citizens of the state about the needs and urgency of protecting the state's
open spaces, plan for the protection of the state's significant open space areas, and
acquire and protect those properties on a priority basis through a variety of appropriate
means. Protection of the riverfront land through the establishment of Pyatigorsk Park
will be a plus to the community of Dubuque and fulfill goals of the Iowa Open Spaces
Program.
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Section II- Guidelines
IOWA DEPARTMENT OF NATURAL RESOURCES
Wallace State Office Builcling
Des Moines, Iowa 50319-0034
~ ~
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
APPLICANT AGENCY: City of Dubuque TYPE OF PROJECT:
Contact Person: Laura Carstens Acquisition: *
Title: Planning Services Manager Development: X
StreetIPO Box: 50 W. 13th St. Combination: *
City/Zip Code: Dubuque IA 52001-4864
Telephone #: 563-589-4210 * Complete Par! II of Application.
PROJECT TITLE: Pyatigorsk Park ESTlM. STARTlNGDATE:
December 2004
TOTAL PROJECT COST: $ 250,000
ESTlM. COMPLETION DATE:
Breakdown of Project Costs
December 2005
Total Federal Share: $ 125,000
Total Local Share: $ 125,000 PRE~OUSLWCFGRANTSON
SOURCE: PROJECT SITE?
Appropriations: $ 125,000
Bonds: $ Yes * - No ~
Tax Levies: $
Donations: $ * List Project Numbers:
Other (Explain): $
OWNERSHIP OF PROJECT SITE:
Date Project Site was Acquired: 1958 (For Development Projects Only)
If after January 2, 1971, was acquisition in
compliance with Pnblic Law 9l-646? Yes No
(Unifonn Relocation Assistance Act of 1970) - -
SIGNATURE: TITLE: Plannina Services Manager
By signing this proposal, the applicant agrees to the terms and conditions contained in this
Application and the attached General Conditions.
Par! I
12
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LAND AND WATER CONSERV ATION"FUND
PROJECT PROPOSAL
Section Il- Application
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ACQUISITION SCHEDULE
Code* Parcel # Acres Estimated Estimated Value Estimated Value Total
Date of of Land to be of hnprovements Estimated
AcO1lisition Acauired to be Acauired Cost
NOT APP !CABLE
Total Acres Total Cost
Part II
* Code:
I. = Negotiated Purchase
2. = Condemnatioa
3. = Donation
One Appraisal is required on each acquisition. Contact the Budgets & Grants Bureau of the Iowa Department of
Natural Resources prior to conducting an appraisal to receive the appropriate appraisal guidelines. Appraisals
will not be returned. The appraisal(s) must be approved by the state before any fmu offer to buy is made to the
land owner.
Two copies of the offer to buy or sell, purchase contracts, or options are required on all acquisitions.
1. Will acquisition included in this proposal' cause the displacement of individuals, families, businesses or
fanus? Yes- No- Number of: Individuals:
Families:
Businesses:
Fanus:
2. Anticipated income from project site during project period: $
3. The (applicant) agrees to comply with the terms and intent ofP.L. 91-
646, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894
(1970).
13
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LAND AND WATER CONSERV ATION'FUND
PROJECT PROPOSAL
ENVIRONMENTAL IMP ACT ASSESSMENT AND PROJECT NARRATIVE
Section II - Application
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Part III
Use the following outline for your project proposal narrative. Address each item thoroughly.
1. DESCRIPTION OF THE PROPOSED PROJECT:
A. Location of the Project Site:
B. Scope of the Proposed Project:
C. Purpose of Proposed Project:
D. Environmental Mitigation:
E. Interrelationship with other Federal, State or Local Projects:
F. Relationship to Statewide Comprehensive Ontdoor Recreation Plan (SCORP)
2. DESCRIPTION OF THE ENVIRONMENT:
A. Of the Region:
B. On the Project Site:
C. Probable Future Environment of the Project Site and its Surroundings without hnplementation of the
Proposed Action:
D. Environmental Intrusions:
E. Historic - Archaeological - Architectural Features:
3. THE ENVIRONMENTAL IMPACT OF TIIE PROPOSED ACTION (Both Positive & Negative, See
Section I, page 5 of this Guideline Booklet):
4. PUBLIC PARTICIPATION IN FORMULATION OF PROJECT PROPOSAL:
5. CONSIDERATION GIVEN TO MINORITIES, ELDERLY AND HANDICAPPED:
6. PROJECT JUSTIFICATION:
7. RESERVATIONS OR EASEMENTS:
8. FACILITIES OR IMPROVEMENTS ON PROJECT SITE:
9. NON-RECREATIONAL USES ON PROJECT SITE:
10. AGREEMENTS OR ARRANGEMENTS TIED TO PROJECT SITE:
~
LAND AND WATER CONSERVATION FUND
ij
14
Section II - Application
PROJECT PROPOSAL
RESOLUTION ON ACQUISITION OR DEVELOPMENT
FOR OUTDOOR RECREATION
CoUDty:
Dubuque
WHEREAS, the City of Oubuque is interested in acquiring lands or developing
outdoor recreational facilities on the following described project for the enjoyment of the citizenry of
Dubuque andtheState!owa.
Project Title: Pvatiqorsk Park
Total Estimated.Cost: $ 2 ~O, 000
Brief Description of Project: Development of publ ic
Dubuque to serve as a trailhead for the Heritage
the Mississippi.
AND, Land and Water Conservation Fund fmancial assistance is required for the acquisition or development of said outdoor
recreational facilities,
park at a gateway to Iowa and
Trail Riverfront System along
NOW THEREFORE, be it resolved by the C i tv of Dubuque
above be authorized,
that the project described
AND, be it further resolved that said r i ty of'.ßilnnque make application to the
Iowa Department of Natural Resources to seek Land and Water Conservation Fund fmancial assistance from the National
Park Service in the amount of ~% of the actual cost of the project in behalf of said
City of ßnblJqlJe
AND, be itfurtherresolved that said City of Dubuoue certifies to the following:
I. That is will accept the tenns and conditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the
Project Agreement for any grant awarded under the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in
the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any
change has been received from the Iowa Department of Natural Resources.
3. That is has the ability and intention to finance its share of the cost of the project and that the project will be operated
and maintained at the expense of said C i tv 0 f Du buq ue for public outdoorrecreational use.
4. That no fmancial assistance has been given or promised under any other federal program or activity with regard to tlle
proposed project.
5. That it ",ill not discriminate against any person on the basis ofmce, color, or natural origin in the use of any property or
failme acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the
Civil Rights Act of 1964, PL. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary
of the Interior and contained in 43 CPR 17.
6. That it will maintain adequate fmancial records on the proposed project to substantiate claims for cost-sharing,
THIS IS TO CERTIFY that the foregoing is a 1rue and correct copy of a resolution duly and legally adopted by the
Dubuque City Counci 1 at a legal meeting held on this 15th day of
March ,20~.
(signature)
Terrance M. Duo9an. Mavor
(title)
(signature)
Jeanne F. Schneider. Citv Clerk
(title)
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LAND AND WATER CONSERVATION FUND
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15
Section II - Application
PROJECT PROPOSAL
DEVELOPMENT ON LAND ACQUIRED WITHOUT FEDERAL ASSISTANCE
(DEVELOPMENT PROJECTS)
If park lands were acquired without federal assistauce after January 2, 1971, one of the following criteria must be
met in order to be eligible for federal LWCF assistance:
I. If the acquisition occurred within two years immediately preceding the date the grant application is
submitted to the department, the applicant must provide documentation to prove hat it complied ,vith the
provisions of P.L. 91-646 (Uniform Relocation Assistance) unless the applicant can provide documented
evidence that at the time of acquisition, planning activity to obtain L WCF assistance had not been initiated.
2. If the acquisition occurred more than two years but less than five years immediately preceding the date the
grant application is submitted to the department, the applicant must provide documentation to prove that it
complied with the provisions of P.L. 91-646 unless the following certification can be provided by the head
of the applicant agency as part of the project application:
I,
(Print Name) (print Title/Agency)
hereby certify, under penalty for willful misstatement (I 8 U.S.C 1001) that at the time of the acquisition and
last known displacement on the project lands for which this federal financial assistauce is being sought, no
planning had been initiated by this agency to obtain this financial assistance.
(Signature)
(Date)
If the acquisttíon occurred more than five years immediately preceding the date the grant applicatíon is
submitled to the department, no documentatíon regarding P.L. 91-646 need be provided unless the cæpartment
or the National Park Service has evicænce to indicate that at the tíme of the acquisition, the applicant had
initiated planning activity to obtain the partícular grant betng applied for.
16
Section II - Application
REQUEST FOR SHPO COMMENT ON A PROJECT
Submit one copy with each property for which our comment is requested. Please Jlli!!! or ~.
Submit with application. [f funded it will forwarded to SHPO.
GENERAL INFORMATION jRJ This is a new submittal
0 This is more information relating to SHPO R&C #:
a. Property Name: pyat I c orsk Park
b. Property Street & Number: NE corner - intersection of 16th 51. and Kerper Blvd.
c. County: Dubuque City: Dubuque Zip: 5200]
d. Federal Agency (supplying funds, assistance, license, permit): NPS!I DNR
e. Contact Person on Project: Laura Carstens Phone: 563.589.4210
Return Address: City of Dubuque, 50 W. 13th St., Dubu'l\j:j' 52001
II. IDENTIFICATION OF HISTORIC PLACES AND FINDING OF PROJECT EFFECT
0 As agreed in programmatic or other agency agreemenis with SHPO (if applicable)
0 Includes the attached e[emenis required under 36 CFR 800.4(a)
B Area of potential effects. as defined in 800.16(d), is shown on map
Existing information has been reviewed on historic propernes in the property area at SHPO office
andlor other [ocations of inventory da1s
0 Infòrmation has been sought from parnes likely to have knowledge about historic properties in the
Õj~~~~~tion gathered from Indian tribes, as appropriate
0 An attached Iowa Site Inventory form is completed for each building 50 years of age or older
I19Yes oNo The project will involve excavation
les. submit all of the following information (use attachmenis of necessary)
X ~f:,c~~:,;~~~~~~~f~ ~a:~~. ;,e::da~~~V~~~~S. 7.5 min Quad with name, date, & location)
)( Number of acres in projecf~
X Legal location: Section(s)~ownship(s) 8gN Range(s) 3E
Description of width and depth of proposed excavation and current conditions of project area
Findmgs
@
No historic properties will be affected (i.e., none are present or there are historic propernes present but the
project will have no effect upon them) and adequate documen1stion under 800.11 is provided, including:
119 A description of the undertaking, specifying the Federa[ involvement, and its area of potential effects,
including photographs, maps, drawings, as necessary and
119 A description of the steps taken to identify historic propernes. including. as appropriate, efforts to seek
information pursuant to 800.4(b) and
¡¡¡¡ The basis for determining that no historic propernes are present or affected.
0 An historic property will be affected for which documen1stion is provided as required in 36 CFR Part 800.11 (e)
and, in applying the criteria of adverse effect under 800.5, propose that the project be considered to have:
0 A No Adverse Effect under which, in consul1stion with the SHPO, the project will be modified or
conditions imposed to avoid adverse effects.
0 An Adverse Effect is found and the applicant, or other federally au1horized representative, will consult
with the SHPO and other consulting parnes to resolve the adverse effect under 800.6
III. APPLICANTCERTIFICATION
êJ! providing the information and findings requested above, I understand that
~ If "No Historic Propernes" will be affected and I have provided adequate documen1stion under 800.11, the
SHPO has 30 days from receipt to object to the finding. after which the applicant '5 responsibilities under section
106 of the Historic Preservation Act are fulfilled
0 lithe project is proposed to have "No Adverse Effect" on an historic property and I have provided adequate
documen1stion under 800.11, failure of the SHPO to respond within 30 days from receipt of the finding shall be
considered agreement of the SHPO with the finding
Authorized Signature:
type name below ~
STATE HISTORIC PRESERVATION OFFICE COMMENT
Date:
!:aura Carstens
Iv.
17
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Section III - General Provisions
LAND AND WATER CONSERV AnON FUND
PROJECT AGREEMENT GENERAL PROVISIONS
~
3/01
Part 1- Definitions
A.
The tenn "NPS" or "Service" as used herein means 1he National Pad: Service, United States Department of the Interior.
B.
The tenn "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated
1he authority to act for such Director.
c.
The tenn "Manual" as used herein means 1he Land and Water Conservation Fund Grants Manual (NPS-34).
D.
The tenn "project' as used herein means a single project, a co=liciated gran, a project element of a consolidated grant, or
project stage which is subject to the project agreement.
E.
The tenn "State" as used herein means the State or TeIritory which is a party to the project agreement, and, where applicable,
1he political subdivision or public agency to which funds are to be 1ransÍerred purnuant to this agreement Wherever a tenn,
condition. obligation. or requirement refern to the State, such tenn, condition. obligation. or requirement shall also apply to
1he recipient political subdivision or public agency, except where it is clear from the nature of1he term, condition, obligation.
or requirement that it is to apply solely to the State. For purposes of these provisions, the tenns "Sta1e," "grantee," and
"recipient' are deemed synonymous.
F.
The tenn "Secre1ary" as used herein means 1he Secre1ary of the Interior, or any representative lawfully delegated the
authority to act for such Secre1ary.
Partn-c=tinWng~anc~
The parties to 1he project agreement specifically recognize that 1he Land and Water Conservation Fund assistance project creates an
obligation to maintain the property described in the project agreement consistent with the Land and Water Conservation Fund Act
and the following reqnirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted hereunder for the
purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the
Federal cost-share, in a participants outdoor recreation. It is intended by both parties hereto that assistance ITom the Fund will be
aMed to, rather than replace or be substituted for, State and local outdoor recreation funds.
A.
The State agrees, as recipient of this assistance. 1hat it will meet the following specific requirements and 1hat it will further
impose 1hese requirements, and 1he tenus of 1he project agreemen, upon any political subdivision or public agency to which
funds are 1ransÍerred pursuant to 1he project agreement The State also agrees 1hat it sball be responsible for compliance wi1h
1he tenns of the project agreement by such .a political snbdivision or public agency and that failure by such political
snbdivision or public agency to so comply sball be deemed a failnre by 1he State to comply with the tenus of this agreement
B.
The State agrees that the property described in the project agreement and the signed and dsted project boundary map made
part of that agreement is being acqnired or developed with Land and Water Conservation Fund assistance, or is integral to
such acquisition ordevelopmen, and tha, without the approval of1he Secre1ary, it shall not be converted to o1herthan public
outdoor recreation use but sball be maintained in public outdoor recreation in perpetuity or for 1he term of the lease in the
case ofleased property. Tba Secre1ary shall approve such conversion only if it is found to be in accord wi1h the then existing
comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution
of o1her recreation properties of at least equal fair market value and of reasonably eqnivalent usefulness and location. This
replacement land becomes subject to Section 6(f)(3) protection. The approval ofa conversion shall be at 1he sole discretion
of the Secre1ary, or his designee. Prior to 1he completion of 1his project; 1he State and the Directur may mutually alter the
area described in the project agreement and 1he sig""d and dated project boundary map to provide the most satisfuctory
public outdoor recreation uni, except that acqnired parcels are afforded Section 6(1)(3) protection as Fund reimbursement is
provided.
In 1he event 1he NPS provides Land and Water Conservation Fund assistance for the acqnisition and/or development of
property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said property to
other than public outdoor reoreation uses as a result of such reversionary interest being exercised is approved. In receipt of
this approval, 1he State agrees to notify 1he Service of1he conversion as soon as possible and to seek approval of replacement
property in accord wi1h the conditions set forth in these provisions. The State further agrees to effectoate such replacement
19
Section III - Genera! Provisions
within a reasonable period of time, ""ceptable to the SeNice, afrer the conversion of property takes place. The provisions of
this paragraph are also applicable to: leased properties ""quired and/or developed with Fund assistance where such lease is
rerminared prior to its full rerm dne to the existence of provisions in such lease known and agreed to by the SeNice; and
properties subject to other outstmding rights and interests that may result in a conversion wtæn known and agreed to by the
Service.
c.
The Stste agrees that the benefit to be derived by the Unired Stsres from the full compliance by the Stste with the terms of
this agreement is the preseNation, prorection, and the net increase in the quality of public ontdoor recreation fucilities and
resources which are available to the people of the Stare and of the United States, and such benefit exceeds to an
immeasurnble and unascertainable extent the amount of money furnished by the United Stares by way of assistance under the
rerms of this agreement. The Stare agrees that payment by the Stare to the United Stares of an amount equal to the amount of
assistance extended under this agreement by the United Stares would be inadequate compensation to the Unired States for
any breach by the Stare of 1I1is agreement The Stare further agree~ therefore, that 1I1e appropriare remedy in the event of a
breach by 1I1e State of this agreement shall be the specific peITonnance of this agreement.
D.
The Stare agrees to comply with 1I1e policies and procedures set forth in 1I1e Land and Warer Conservation Fund Manual.
Provisions of said Manual are incorporared into and made a part of the project agreement
E.
The Stare agrees that 1I1e property and f""ilines described in the project agreement shall be operated and maintained as
prescribed by Manual requirements.
F.
The State agrees that a permanent record shall be kept in the perticipant's public property records and available for public
inspection to the effect that the property described in the scope of the project agreement, and the signed and dated project
boundary map made part of that agreement, has been ""qnited or developed wi1l1 Land and Water ConseNation Fund
assistance and 1I1at it cannot be converted to other than public outdoor reoreation use wi1l10ut the written approval of 1I1e
Seoretary of the Interior.
G.
Nondiscrimination
1.
By signing the LWCF agreement, the Stare certifies thet it will comply with all Federal laws relating to
nondiscrimination as outlined in 1I1e Civil Rights Assurance appeering at Part Ill-I tærein.
2.
Tbe Stare shall not discriminate against any person on the basis of residence, except to 1I1e extent that reasonable
differences in admission or othar fees may be maintained on the hasis of residence as set forth in the Manual.
Part III - P1"oject Assurances
A.
Aoalicable Federal Circulars
The State shall comply with applicable regulations, policies, guidelines and requirements including OMB Circular A-1O2
(Uniform Administrative Requjrements for GIants and Cooperative Agreements to Stare and Local Governments). 43 CFR
Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior),
A-87 (Cost Principles for State and Local Governments), and A-128 (Audits of Stare and Local Government) as they relate
to the application, ""ceptance and use of Federal funds for this federally assisted project
B.
ProiectAootication
1.
Ttæ Application for Federal Assistance bearing the same project number as 1I1e agreement and associated documents
is by this reference made a part of the agreement
2.
The Stare possesses legal an1l10rity to apply for 1I1e grant, and to finance and construct the proposed facilities. A
resolution, motion or similar action bes been duly adopted or passed authorizing the filing of 1110 application,
including all understandings and assurances contained herein, and directing and authorizing the person identified as
1I1e official representative of 1I1e Stare to act in coMection with the application and to provide such additional
infonnation as may be required.
3.
The Stare bes 1I1e ahility and intention to finance the non-Federal share of1l1e costs for the project. Sufficient fUnds
will be available to assure effective operation and mainrenance of the facilities acquired or developed by 1I1e project.
20
c.
Section III - General Provisions
Pro;ect Execution
1.
The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of
retroactivity and shall tenninate at the end of the stated or amended project period unless the project is completed or
tenninated sooner in which event the project shall end on the date of completion ortennination. For project elements
added to a consolidated grant, the project period will begin on the date the project element is approved.
2.
The Smre shall transfer to the project sponsor identified in the Application for Federal Assistance or the Description
and Notification Form all funds granred hereunder except those reimbursed to the State to cover adroimstrative
expenses.
3,
The Smte will cause work on the project to he commenced within a reasonable time after receipt of notification that
funds have been approved and assure that the project will be prosecnted to completion with ressonable diligence.
4.
The Stare will require the facility to be designed to comply with the Archirectural Barriers Act of 1968 (publ;c Law
90-480) and DOl Section 504 Regulations (43 CFR Part 17). The Stare will be responsible for conducting inspections
to insure compliance with these specifications by the contra<:tor.
5.
The State shall secure completion of the work in accordance with approved construction plans and specifications, and
shall secure compliance with all applicable Federal, State, and local laws and regulations.
6.
In the event the project covered by the project agreement, including future stages of the project, cannot be completed
in ""cordance with the plans and specifications for the project; the Stare shall bring the project to a point of
recreational usefulness agreed upon by the State and the Director or his designee.
7.
The State will provide for and maintain comperent and adequate architectural/engineering supervision and inspection
at the construction sire to insure thet the completed work conforms with the approved plans and specifications; that it
will furnish progress reports and such other information as the NPS may require.
8.
The State will comply with the terms of Title II and Title Ill, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (p.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures
implementing such Act for all real property ""quisitions and where applicable shall assure that the Act hes been
complied with for property to he developed with assistance under the project agreement.
9.
The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards;
Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order
11990 relnting to the protection of wetlands.
10.
The Stare will comply with the flood insurance purchave requirements of Section 1O2(a) of the Flood Disaster
Prorection Act of 1973. Public Law 93-234, ff7 Stat. 975, approved Decemher 31, 1976. Section 102(a) requires the
purchave of flood insurance in communities where such insurnnce is available, as a condition for the receipt of any
Federal financial assistance for construction or ""quisition purposes, for use in any area that hav been identified as an
area having special flood hazards by the Flood Insurance Admiuistration of the Federal Emergency Management
Agency. The phrase "Federal financial assistance" includes any form ofloan, grant, guaranty, insurance payment,
rehere, subsidy, disaster assistlnce loan or grant, or any other form of direct or indirect Federal assistance.
11.
The Stare will insure that tha facilities under its ownership, lease or supervision which shall be utilized in the
""complishment of the project are not listed on the Environmental Prorection Agency's (EPA) list of Violating
F""ilities, pursuant to 40 CFR, Part 15.20 and that it will notifY the NPS of the receipt of any commuuicationfrom the
Director of the EPA Office of Federal Activities indicating that a facility to be ntilized in the project is under
consideration for listing by the EPA. The Smre agrees to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act of 1970. The State further agrees to insert this clause into any contract or
subcontract in excess of$l 00,000.
12.
The Smte will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as
amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16
U.S.C. 469a-l et seq.) by (a) consulting with the Stare Historic Preservation Officer on the conduct of investigations,
as necessary, to identifY properties listed in or eligible for inclnsion in the National Rogister of Historic Places that are
subject to effects (see CPR Part 800.8) by the ""tivity, and notifYing the Federal grantor agency of the existence of
any such properties, and by (b) complying with all requirements established by the Federal grantor agency'" avoid or
mitigate adverse effects upon such properties.
21
D.
E.
F.
Section III - General Provisions
13.
The State will comply with Executive Order 12432, "Minority Business Enteqn:ise Development ss follows:
(I) Place minority businessfinnson bidder's mailing lists.
(2)
Solicit these finDS whenever they are potential sources of supplies, equipment, construction, or services.
(3) Where feasible, divide iotal requiremen'" into smaller needs, and set delivOI)' schedules 1hat will encourage
participa1ion by these finns.
(4) For any project involving $500,000 or more in gram sssistance (except for project; involving aequisi1ion only)
the Stare or recipient shall submit, prior'" the commencement of construction and every fiscal year quarter
thereafter until project completion, reports documenting the efforts to hire minority business .finm;. These
reports, SF 334, will be submitœd one month fonowing the end of each fiscal quarter (i.e., January 31, April 30,
July 31, and October 31) '" l11e appropriate National PaIk Service Regional Office.
(5)
The Department of the Inrerior is committed to the objectives of this policy and encourages all recipients of its
gran'" and cooperative agreemen'" to take affinna1ive steps to ensure such fàirness.
The National Park Service Regional Offices win work closely wil11 the States to ensure full cOmpliance and that grant
recipien'" take affirmative action in placing a fair share of purchases with minority business finns.
14.
The Stare will comply with the inrergovernmental review requirements ofExecutive Order 12372.
Construc1ion Contrncted for bv the Stare Shall Meet l11e Following Renuiremen"':
1.
Contrnc'" for construction shall comply with the provisions of 43 CPR Part ]2 (Administrative and Audit
Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2.
No grant or contract may be awarded by any grantee, subgrantee or con1!actor of any grantee or subgrantee to any
party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the
State certifies 1hat it will comply with debarment and suspension provisions appe8ring st PartJlI-J herein.
3.
In accordance with l11e "Sreveru; Amendment" (to Section 623 of the Tressury, Postal Service and General
Government Appropria1ions Act), for procurement of goods and services (including construction services) having an
agi!1'>gare value of $500,000 or more, the amount and percentage (of "'tal cos"') of federal funds involved must be
specified in any announcement of the awarding of a contract.
Retention and Custodial Reoniremen'" for Records
1.
Financial records, supporting documen"', statistical records, and all other records pertinent'" this grant shall be
retained in aceordarn;e with 43 CPR Part 12 for a period of three yearn; except the records shall be retained beyond
the three-year period if audit findings have not been resolved.
2.
The retention period starts from the date of the final expenditure report for the project or the consolidared project
element.
3.
State and local governmen'" are anthorized'" substitute microfilm copies in lien of original records.
4.
The Secretary of the Inrerior and the Comp1roller General of the Unired States, or any of their duly authorized
representa1ives, shall have access '" any books, documents, papers, and records of the State and local gaveromen'"
and their snbgrantees which are pertinent '" a specific project for the pwpose of making audit, examination, excerpts
and transcrip"'.
Proiect Tennination
1.
The Direc"'r may temporarily snspend Federal assistance under the project pending corrective action by the State or
pending a decision'" terminate the grant by the Service.
2.
The Stare may unilaterally tenninate the project or consolidated project element at any time prior'" the first payment
on the projeot or conso]idatedproject element. After the ini1ial payment, the project may betenninated, modified, or
amended by the State only by mutna! agreement.
22
Section III - General Provisions
3.
The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is
detennined that the grontee has failed to comply with the conditioos oftha grant The Director will promptly notify
the State in writing of the detennination and the reasons for the termination, together with the e!fective date.
Payments made to States or recoveries by the Service under projects terminated for cause shall be in ,",cord with the
legal rights and liabilities of the par1ies.
4.
The Director or State may terminate gronts in whole, or in part at any time before the date of completion, when both
par1ies agree that the continuation of the project would not produce beneficial results commensurate with tha further
expenditure of funds. The two par1ies shall agree upon the tennination conditions, including the e!fective date and, in
the case of partial tennination, the portion to be tenninated. The g_ee sball ODt incur new obligations for the
tenninated portion after the e!fective date, and shall cancel as many outs1lmding obligations as possible. The NPS
may allow full credit to the State for the Federal share of the noncancelable obligations, properly incurred by the
grantee priorto tennination.
5.
Tennination either for cause or for convenience requires that the project in question be brought to a state of
recreational usefulness agreed upon by tha State and tha Director or that all funds provided by the National Park
Service be returned.
G,
Lobbvim with Appropriated Funds
The State must certify, for the award of gronts """eeding $100,000 in Federal assis1lmce, that OD Federally appropriated funds have
been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting 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 the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352,
title 31, U.S. Code, the State certifies, as follows:
The undersigned certifies, to the best of his orherknowledge andbelief, that:
(1) No Fed£ral appropriatedjimds have been paid or will be paid, by or on behalf qfthe undersigned, to any person for itiftuencing
or attempting to itiftuenee an officer or employee qf an agency, a Member of Congress, and officer or emplayee of Congress, or an
emplayee qf a Member of Congress in connection with the awarding of any F ed£rol contract. the moking of ony fed£ral grant, the
moking of any Federal loon, the enwmng into qf any cooperative agreement, and the extension, continuation, renewal. amendment,
or modification of any Federal contrac( grant, loon, or cooperative agreement.
(2) lfanyjimds other IhanFederal appropriatedjimds have been paid or will be paidta any personji:Jr itiftuencing or atiempting to
infiuenee an officer or employee of any agency, a Member ofCongres, an officer or employee of Congress, or an emplayee of a
Member qfCongress in connection with this Federal contrac( grant, loan, or cooperative ogreermml, the uodersigned shall complete
andsuhmit StandardForm-llL, 'Visclosure Form to Report Lobbying," in accordance with its Instructions.
(3) The undersigned shall require that the language of this certification be includ£din the award documentsfor all subawards at all
tiers (mcluding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certifY accordingly.
This certification is a material representation qffact upon wltich reliance was placed when Ilti.s transaction was made or entered
into. Submission of this certificaliDn is a prerequisiteji:Jr moking or entering into this transaction imposed by Section 1352, title 31,
US. Code. A~ person who foils to file the required certification shall be subject to a civil penolty qf not less than $10. 000 and not
more than $100, 000 for each suchfailure.
H.
Provision of a Drug-Free Workolace
10 compliance with the Drug-Free Workplace Act of 1988 (43 CFRPart 12, SubpartD1 the State certifies, as follows:
The grantee certifies that it will or coni/noe to provid£ a drng-.fr<e workplace by:
(a) Publishing a statement notifYing employees that the unlawful marnifacture. distribution, dispensing. possession. or use of a
controlled substance is prohibited in the gran/£e's workplace and specifYing the actions that will be taken against emplayees for
violation of such proltibition;
(b) Establishing an ongoing drng:free awareness program to iriform emplayees about
(1) The dangers of drng abuse in the workplace;
(2) The grantee's policy of maintaining a drng:free worlcplace;
(3) A~ available drng counseling, rehabilitation, and emplayee assistance programs; and
(4) The penalties that may be imposed upon emplayeesji:Jrdrug abuse violaliDrLS occurring in the worlcplace;
23
Section III - General Provisions
(c) Making it a requirement that ead¡ employee ta be engaged in the perjòrmance of a grant be given a copy of the statement
required by paragraph (a);
(d) Nolijýing the employee in the statement required by paragraph (a) that. as a condtlion of emplaymenl under the grant, the
employee will:
(1) Abük by the lerms of the slatement; and
(2) NotifY the empÚJyer in wriling of hi:; or her conviction for a violation of a criminal drug statute occurring in the
workplace no later thanfive calendar days after such conviclion;
(e) NotifYing the agency in writing within ten calendar days after receiving nolice under subparagraph (d)(2) from an employee or
otherwise receiving actual nolice of such conviclion. EmpÚJyers of carNicled employees must pravide nolice, including position litle,
10 every grant officer on whose grani acttvtty the convicted employee was warldng unless the Federal agency has designated a
central pointfor the receipt of such nolices. Nolice shall include the identification nwnber(s} of each qffected grant;
(f) Taking one oflhefollowing aclions, within 30 calendar days ofreceMng nolice under subparagraph (d)(2), with respect 10 ~
employee who is so convicted;
(1) Taking appropriate personnel aclion agamst such an employee, up to and including termination. consistent with the
requirements of the RehabilitationActof 1973, as amended; or
(2) &quiring such employee to parlicipate sati:¡factorily in a drug abuse assistance or rehabilitation program approvedfor
such purposes by a Federal, Stale. or local health, law e1fforcemenl, or other appropriale agency;
(g) Making a goodfmlh effort 10 continue 10 maintain a drug-free workplace through implementalion of paragraphs (a), (b), (c), (d),
(e) and (f).
The State must include with its application for assistoru:e a specification of the site(s) for the performance of work to be done in
connection with the grant.
Civil Rights Assurance
The Stale cerlifies that, as a condttion 10 receiving any Federal assistance from the Department oflhe Interior. it will comply with all
Federal laws relating 10 nondiscriminalion. These laws include, but are not limited 10: (a) Title VI of the Civil Iüghls Act of 1964
(42 US.C. 2000d-1). which prohibits discrimination on the basis of rac~ cola, or nalional origin; (b) Seclion 504 of the
RehabilitaliDn Acl of 1973, as amended (29 US.c. 794), which prohibits discrimination on the basis of handicap; (c) the Age
DiscriminationAct of 1975, as amended (42 US.c. 6101 et seq.), which prohibits dtscrimination on the basis of age; and applicable
regolmory requirements 10 the end then no person in the Un/tedSlates shall, on the grounds of raæ, cola, nalionalorigin, handicap
or age, be excludedfrom participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program
or acttvtty conducted by the applicant. THE APPliCANT HEREBY GIVES ASSURANCE THAT it will Urunedialely take any
measures necessary to effectuate this agreement
THIS ASSURANCE shall apply 10 all aspects of the applkants operations including those parts that hove not received or benefitted
fromFederalfinancial assistanc~
If any real properly or structure thereon is provided or improved with the aid of Federal financial assistance exlend£d 10 the
Applicant by the Department this assurance shall obligate the Applicant or in the case of any tranifer of such property. ~
traniferee. for the periÐd during which it relams ownership or possession of the properly. In all other cases. this assurance shall
obligate theApplicanifor the period during which theFederalfinancial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideraliDn of and for the purpose of oblmning any and all Federal grant:;. loans. contracts,
property, discauntsarother Federalfinancial assistance extendedafterlhe date hereof to the Applicant bylhe Department. including
installment paym;mts after such date on account of applicalions for Federal financial assistance which were approved bifore such
date.
The Applkanl recognizes and agrees that such Federal financial assistance will be extended in reliance on the representalions and
agreements made in this assurance. andthal the UnitedStale shall have the right toseekjudictal enforcement of this assurance. This
assurance is binding on the Applicant, its successors, tran.¡ferees, assignee~ and subrecipients and the person whose signature
appears on the grant agreement and who is authorized to sign on behalf of the Applkant.
24
Section III - General Provisions
J.
Debannent and Susoension
Certification R£garding Debarmen1, Suspension and Other
Responsibility Molters - Primary Covered Tronsactions
(1) The prospective primary participant certifies to /he best of its /owwledge ond belief./hatitanditsprincipals:
(a) Are not presently debarred, suspended, proposed for d£barment, d£clared ineligible, or voluntarily exclwkd from
covered transaclions by ony Fed£ral department or agency;
(b) Have not within a /hree-year period preceding this proposal been convicted of or had a civil judgment renekred against
them for commission of fraud or a criminal offense in conneclion with obtaining, attempting to obtain, or performing a publk:
(Feekral. State or local) tronsaclian or contract under a public transaclion; violalion of Feekral or State anlitrust statutes or
comndssion or embezzlemen( /h<if/, forgery, bribery. falsificanon or des/ruclion of records. maldngfalse stalemen!. or receiving
stolen property;
(c) Are not presently indictedjiJr or o/herwise criminally or civilly charged by a govemrræntal entity (Feekral, Stale or 10caV
with commisston of ony qfthe offenses enumerated in paragraph (1){b) of this cerlificalian; and
(t!) Have not within a three-year period preceding /his applicalion/proposal had one or more public lransaclions (Federal,
Stale or local) /erminatedfor cause or d4ault
(2) Where /he prospective primary parliÔpant is unable to certifY to ony of the stalemønts in /his certificalion. such prospecftve
pcn1icipant shall oltach on explonnlion to this proposaL
The State further agrees that it will include the clause "Certification Regarding DebarmeJ1l; Suspension, Ineligibility aud Voluntary
Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered in1D with lower tier participan1s in the
implementation of this grant Department of Interior Form 1954 (Dl-1954) may be used for this purpose.
Certifzcation R£garding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - LfJWer TIer Covered Tronsadions
(1) The prospective lower lier pcn1icipant certifies, by subrrIDsion of /his applicalion that nei/her it nor its principals is
presenlly ekbarred, suspemkd, proposed for debarmen( ekclared ineligible. or voluntarily excluekd from pcn1icipalion in /his
trunsaclion by ony Federal ekpartment or agency.
(2) Where /he prospective lower lier pcn1icipant is unable 10 certifý to ony of /he stalements in this certificalion, such
prospecftve participont shall allach on explanalion to tins applicanon.
In addition to applienbæ ,",Ie and local law" and regulatio"" the ,tate, _tee and any contmtom hired to Cú"'tmct a p<oj"t for th" agreement
m",t comply with the following fed",allegi,lation,
1.
2.
3.
4.
5.
RelubilitationActofl973.
Amerienn, with D;,abiliti" Act of 1990.
National EnvironmentalPolicy Act of 1969 (pL. 91-190).
Federal Water Pollution Control Act 00' 1972. 404 permit througb C°'l" ofEngine",.
Endang",ed Speci" Act of 1973 (p.L. 93-205).
6. Copeland Anti-Kickback Act Construction proj"" m",t comply with th;, Act
U.S. Department of the Interior
Certifications RegardIDg Debannent, Suspension and
Other Responsibility Matters, Drug-Free Workplace
Requirements and Lnbbyjng
P"",ns ,igning th" fOnD Mould ref", to the regulation, referenœd
below for complete instmctions,
pro,pective prhnary participant forther awees by ",bmitting thi,
propo..l that it will inclode the clao" titled. "Certification
Regarding Debarment, So'peo,;oo, Ineligibility and Volont",y
Excl",ion - Low", Ti", Cov",ed Tranmtion," p",vided by tbe
department or agency entering into tbi, cove",d t,an..cti"n,
Certifi"tion Regarding Deb""""", S"'pemrion, and 00",
R"ponsibility Ma- ' Primary Covered Tr~actions ' The
25
Section III - General Provisions
without modmeatlou, lu an low"," tI... cov..."" hu..ctloo, ""d io all
",licitatl"us for low... tI... cov",""" tno..ctlou. S'" below for
Ian"",ge to be œ""; œe thŒ fono for œ.rt.ifuo"¡¡ou ""d ,;go; '" œe
Dep"","eut ofilieinteriorPonu 1954 (Dr- 1954). (S", App~<Iix Aof
SubpartDof43 CFRPart 12.)
Cortifi~tiou Rega"liug Debæm~, Sœpeosion, Ineligibility ""d
VolUUlMy Exolœiou ' Low", TI", Covered r"m"ctiou. ' (S"
App~dix B of Subpart D of 43 CFRPart 12.)
Cortifi~tiou Reg"'diug Drog-Pree Wodcplaoe Requirem~. ' Ak""""
I. (Gnmte" Oth... Thou Individuals) ""d Ak"",," II. (Gnu!", Who
",eIndividual» - (See Appen<lix C ofSubpartD of 43 CFRPart 12)
Sigrumtte 00 thΠfono provid" for compli""", willi c""fi~tiou
requirem- und", 43 CFRP"", 12 =d 18. The cortifi~tio", shall be
1realed" a material rel""~tatioo offac! upon which reliance will be
pla",d when the Dep"","~! of the Interi", de_"", to aw",d ilie
,,",v...ed """'action, grnn, cooperntive a",eemeot '" [O"",
PART A;
Certification Reg,mting Debannent, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
CHECK_IF THIS CERTIF1CATION IS FORA PRIMARY COVERED TRANSACTION AND IS APPliCABlE.
(I) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Ne not presently debacred, suspended, proposed for debaanent, declared ineligible, "' voluntarily excluded from covered
tJ:ansacrions by any Fedeml department or agency;
(b) Have not within a three,yoar period preceding this pmposal been convicted of "' had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Fede",", S1ate or local) trnnsaction or contract under a public transaction; violation of Fedeml or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph (1 Xb) of this certification; and
(d) Have not within a threo-yoar period preceding this application/proposal had one or more public tJ:ansacrions (Federal,
S1ate or local) terminated for cause or default.
(2) Where the prospective primary participant is unable tu certiry to any of the statements in this certification, such pmspective
participant shall attach an explanation", this proposal.
PART B: Certification Regarding Debannen4 Suspension, Ineligibility and Voluntary Exclnsion - Lower Tier Covered
T1:ansactions
CHECK",,-IFTIiIS CERTIF1CATION IS FORA LOWER TÆR COVERED TRANSACTION AND ISAPPliCABlE.
(1) The prospective lower tier participant certifie~ by submission of this proposal. that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fmm participation in this tJ:ansaction
by any Fedeml department or agency.
(2) Where the prospective lower rier participant is unable to certiry to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
PART C; Certification Regarding Drug-Free Wor1.-place Requirements
Dl-2OtO
""~1995
(T""r"m =,,'ma'" Dl-l953. Dl-19S4,
Dl-l955, Dl-195<i ud D>-l%3)
CHECK'LIF TIiIS CERTIFICATION IS FOR AN APPliCANT WHO IS NOT AN INDIVIDUAL.
Alternate 1. (Grantees Other Than Individuals)
A.
The grnntee certifies that it will or continue to provide a drog-free worl<:place by:
2~ ~ ~
_Section III - General Provisions
(a) Publishing a statemeut uotifyiug employees !bat the uulawful mauufacture, distribution, dispensing, possession, or use of
a controlled substauce is probibited iu the gmutee's workplaoe aDd speciryiug the actious that will be taken against
employees for violation of such probibition;
(b) Establisbiug au ougoing drug-free awareness program 1D iufonn employees about-
(l) The dangers of drug abuse in the workplace;
(2) The grantee's policy ofmaiutaiuiug a drug-free workplaoe;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; aDd
(4) The penalties that may be imposed upon employees for drug abuse violatious occurring in the workplace;
(c) Making it a requirement that each employee to be engaged iu the perfonnauce of the grant be given a copy of the
statement required by paragraph (a);
(d) NotifYing the employee iu the statement required by paragraph (a)tha~ as a condition of employment under the gran~ the
employee will-
(I) Abide by the teans of the statemen1; aDd
(2) NotifY the employer iu writing of bis or her conviction for a violation of a criminal drug statute occurring in the
workplace no later 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 au
employee or otherwise receiviug actual notice of such conviction. Employers of convicted employees must provide
notice, iucluding position title, 1D every grant officer on whose graut activity the convictßd employee was working, unless
the Federal agency has designated a central poiut for the receipt of such notices. Notice shall iuclude the identification
numbers(s) of each affected gran1;
(I) Talriug one of the following actious, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect
1D auy employee who is so convicted -,
(I) Talriug appropriate personnel action agaiust such au employee, up 1D and iucluding tennination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee 1D participate satisfactorily in a drug abuse assistance or rehabilitatiou program appruved
fur such purposes by a Federal, State, or local health, law enforcemen~ or other appropriate agency;
(g) Making a good faith effort 1D continue to maintaiu a drug-free workplace through implementation of paragrapha (a) (b),
(c\(d),(e)aud(l).
B.
The grantee may iusertiu the space provided below the site(s for the perfonnance of work done iu connection with the specific
grant
Plaoe ofPerfonnance (Street address, city, county, state, zip code)
City Hal1- 50 W. 13th St.
City of Dubuque
Dubuque County, Iowa
52001
Check ...Kif there are workplaces on file !bat are not idemified here.
DI-2010
"',,<h199S
(Ih"r.=~""li","'DI-195J.DI-1954.
DI-195" DI-1956 ,,' D1-1963)
PART D: Certification RegardIDg Drug-Free Workplace Requirements
CHECK_IF lHIS CERTIFICATION IS FORAN APPLICANT WHO IS AN INDIVIDUAL.
Alternate II. (Grantees Who Are Individuals)
(a) The grantee certifies that, as a condition of the gran~ he or she will not eugage in the unlawful mauufacture, distribution,
dispeusiug, possession, or use of a controlled substance iu conducting auy activity with the gnmt;
(b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct ofauy 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,
27
.Section III - General Provisions
unless the Federn! agency designa"'s a centrnl point for the receipt of such no1ioes. Whenno1ice is made 1D such a cen1m!
point, it shall include the identification number(s) of each affec"'d grant.
PARTE:
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
CHECKJ5IF CERTIFICATION IS FOR THEAW ARD OF ANY OF THE FOlLOWING AND
THEAMOUNT EXCEEDS $IOO.OOO: A FEDERAL GRANTOR COOPERATIVEAGREEMENT;
SUBCONTRACT. OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT.
CHECK_IF CKRTIFICATION IS FOR THEAW ARD OF A FEDERAL
LOAN EXCEEDING THEAMOUNTOF $150, 000. ORA SUBGRANTOR
SUBCONTRACT EXCEEDING $100.000. UNDER THE LOÆN.
The undersigned certifies, to the best ofbiS or her knowledge and belie( that:
(I) No Federal appropria"'d funds have been paid or will be paid, by or on behalf of the undersigned, 1D any person for influencing
or attemp1ing to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress,
or an employee ofa Member of Congress in connection with the awarding of any Federal contract, the making of any Federn!
grant, the making of any Federal loan, tha entering into of any coopera1ive agreement, and the extension, con1inoo1ion,
renewal, amendment, or modifica1ion of any Federal contract, grant, loan, or coopeϒive agreement.
(2) Ifany funds other than Federn! appropriated funds have been paid or will be paid 1D any person for influencing or attempting 1D
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 Federn! contract, grant, loan, or coopera1ive agreement, the undersigned sball
complete and submit Standard Form-LLL, "Disclosure Fonn 1D Report Lobbying," in accordance with its instruc1ions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all
1iers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certiJY accordingly.
This certification is a ma"'rial representation of fact upon which reliance was placed when this transaction was mede or en"'red into.
Submission of this certifica1ion is a prerequisi'" for making or en "'ring into this íransac1ion imposed by Sec1ion 1352, 1itle 31, U.S.
Code. Any person who :fujls tD file the required certifica1ion shall be subject 1D a civil penal1y of not less than $10,000 and not more
than $100,000 for each such failure.
As the authorized certiJYing official, I hereby certiJY that the above specified certifica1iollS are 1me.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TYPED NAME AND IDLE
Laura Carstens, Planninq Services Manager
DATE
Ma rch 8, 2004
DI-2010
Mo~hl"S
(Thò fu,m ,~",'id,'" DI-l9SJ. Dr-"",
DI-19SS,Dr-r9S6~dD¡"1"')
28