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Shot Tower Save America's T Gra D~ ~c/k.~ MEMORANDUM November 30, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Save America's Treasures Grant Agreement for Shot Tower Planning Services Manager Laura Carstens recommends City Council approval of a $295,000 Save America's Treasures grant agreement to stabilize and rehabilitate the Shot Tower. The City has budgeted $200,000 in the Vision Iowa project for the Shot Tower rehabilitation, and has received a $100,000 Historic Sites Preservation grant from the State Historical Society of Iowa. These funds will provide the required match. I concur with the recommendation and respectfully request Mayor and City Council approval. l~t,"VJ{;, .~1 jI~ Mic ael C. Van Mllhgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager D~ ~c/k.~ MEMORANDUM November 22, 2004 TO: FROM: Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager~ SUBJECT: Save America's Treasures Grant Agreement for Shot Tower Introduction This memorandum presents for City Council review and approval an agreement with the National Park Services for a Save America's Treasures grant to stabilize and rehabilitate the Shot Tower. Discussion This federal grant -- in conjunction with the budget funds from Vision Iowa and a State grant from the Historic Sites Preservation Program -- will enable the City to rehab the Shot Tower. The estimated $600,000 project will include: stabilization of the tower with cleaning, tuckpointing, and repairs, building a non-combustible stairway in the tower leading to the top of the tower, replacing the roof, and installing protective barricades around the base of the tower. . These improvements will stabilize the current deterioration and enhance the Shot Tower's education and tourism values. Budget Impact The City has budgeted $200,000 in the Vision Iowa project for rehabilitation of the Shot Tower. The City has received a $100,000 Historic Sites Preservation grant from the State Historical Society of Iowa for rehabilitation of the Shot Tower. The City's budgeted funds and the $100,000 state grant provide the $300,000 needed to match the $295,000 Save America's Treasure's grant. Recommendation I recommend that the City Council authorize the Mayor to sign the Save America's Treasures grant agreement for the stabilization and rehabilitation or the Shot Tower, on behalf of the City of Dubuque. Attachments cc Dawn Lang, Budget Director Prepared by: Laura Carstens City Planner Address: City Hall Telephone: 589-4210 RESOLUTION NO. 449-04 RESOLUTION APPROVING A SAVE AMERICA'S TREASURES GRANT AGREEMENT TO STABILIZE AND REHABILITATE THE SHOT TOWER Whereas, the National Park Services has awarded the City of Dubuque a $295,000 Save America's Treasures grant to stabilize and rehabilitate the Shot Tower; and Whereas, the City Council has budgeted funds and received an Historic Sites Preservation Grant from the State Historical Society of Iowa to stabilize and rehabilitate the Shot Tower; and Whereas, the stabilization and rehabilitation of the Shot Tower is included in the City's Vision Iowa project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign the Save America's Treasures grant agreement with the National Park Services for the stabilization and rehabilitation of the Shot Tower. Section 2. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the project. Passed, approved and adopted this 6th day of December Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk. Mayor Attest: I ji1 /c::/ . ;~) ) /!«.;¡7¿/. -:7";'// Þ.l"// u/~ / Jeanne F. Schneider City Clerk United States Department of the Interior NATIONAL PARK SERVICE ]849 C Street, N.W. Washington, D.C. 20240 IN REPLYRUER TO. Grant Agreement No. 19-04-ML-0110 Upon signature of both parties below, the National Park Service (NPS) will have obligated with this Grant Agreement the amount of $295,000 appropriated from the Historic Preservation Fund for the Save America's Treasures Grant Program Public Law 108-108, making Fiscal Year 2004 appropriations for the Department of the Interior. The term of this grant agreement is: Beginning Date: November 1, 2004 Ending Date: November 30, 2006 In accepting this grant to preserve the Dubuque Shot Tower, evidenced by signature below, the Gtyof Dubuque agrees to comply with Department of the Interior regulations and requirements governing Federal grants stipulated in Office of Management and Budget (OMB) Grcular A-102 (Administrative Requirements for Grants to State and Local Governments; see 43 CPR 12.42-12.92); Grcular A-87 (Cost Principles for Grants to State and Local Governments); and Grcular A-133 (Audits of States, Local Governments and Non- Profit Organizations). These requirements are hereby incorporated by reference into this grant agreement. In accordance with 18 US.C 1913, none of these funds may be used for lobbying purposes as defined in the special conditions contained on the following pages. These special conditions are also hereby incorporated into this grant award. The terms and conditions of this grant award shall be extended to subrecipients and subcontracton;. In witness thereof, the panies have executed this grant agreement as of the date entered below: OTY OF DUBUQUE NATIONAL PARK SERVIĊ’ Mayor Chief, Grants Administration Date signed Date signed cc: Iowa State Historic Preservation Office (SHPO) Attachments: X SF 424 Application for Federal Assistance X Budget Changes/Special Grant Conditions X Interim and Final Progress Repon formats for use later in the grant X SF 269A Financial Status Repon, for use with Interim Repons X 36 CPR 800 Protection of Historic Properties X Secretary of the Interiors Standards fOr the Treatment of Historic Properties Grant Agreement (Page 2 of 6) APPLICA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DA TE: 19-04-ML-0110 November 1, 2004 November 30, 2006 The terms of the grant award include the following special conditions necessary to obtain the objectives of the grant, facilitate administration of the grant, and to protect the interests of the Federal Government. Grantee noncompliance with these terms and conditions and the requirements of Office of Management and Budget (OMB) Grculars A-102 and A-87 will cause disallowance of costs incurred under the grant. In addition to other lawful remedies, in the event of noncompliance with any grant conditions, the grant may be suspended, terminated or annulled pursuant to OMB Grcular A-102 (see 43 CPR 12.83-12.84). The grantee shall not assign or otherwise transfer final responsibility for this Grant Agreement, the grant, or the project to any third party. The execution of subcontracts shall not alter or modify the obligations of the grantee. However, the grantee may subcontract for performance of project-related work summarized in this Grant Agreement. The grantee must administer this grant award free from conflict of interest, bribery, "kickbacks," cost-plus-a-percentage-of-costs contracts, and other procurement practices prohibited by43 CPR 12.76. Special O:>ndition # 1. Limitations on Grant Expenditures. The term of availability of these grant funds is from November 1, 2004, through November 30,2006. All costs incurred must be billed to NPS by February 28, 2007. Expenses charged to this grant may not be incurred prior to the beginning date specified above, or subsequent to the grant end date specified above (unless the Grant Agreement's end date is formally extended in writing by NPS). Such expenditures may not exceed the maximum limits shown on this grant award, or amendments subsequently approved in writing by NPS. The grantee assumes fiscal liability, without recourse to NPS, for commitments that exceed the funds provided in the Grant Agreement. Special Condition # 2. Allowable Costs. All costs charged to the grant must be directly related to and necessary for the achievement of the approved objectives and budget of this grant, as specified in Grant Condition # 15, below, unless an amendment is approved in writing by NPS. Expenses charged must be incurred only for eligible costs in accordance with OMB Grcular A-102 and OMB Grcular A-87; and supponed by approved contracts, purchase orders, requisitions, bills, or other evidence of liability consistent with generally established purchasing procedures and generally accepted accounting principles. Special Condition # 3. Non-Federal Matching Share: At least $295,000 in eligible non-Federal matching contributions that are allowable and properly documented in accordance with 43 CPR 12.64 must be used during the grant period to share the costs for this grant. Failure to use the required non-Federal matching share will result in the disallowance of costs reimbursed, and! or the deobligation of remaining unexpended funds. However, if less then $305,000 in eligible nonfederal matching share is expended on the project, than a written amendment request to revise the approved grant budget and scope of work must be submitted to the NPS grant awarding official. Special Condition # 4. Fundraisin¡; Costs: In accordance with OMB Grcular A-87, Artachment B, Item 21, costs of fundraising are not eligible costs chargeable to the grant for reimbursement or as eligible non-Federal matching share contributions. Grant Agreement (Page 3 of 6) APPLICA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 19-04-ML-0110 November 1. 2004 November 30, 2006 Special Condition # 5. Performance Reports. An acceptable Interim Progress Repon must be submitted to NPS every six months during the grant period, with the initial Progress Repon due not later than April 30, 2005, and the next repon due not later than October 31, 2005. An acceptable Final Progress Repon must be submitted by February 28,2007. Failure to submit acceptable progress reports by the dates specified, and in the format prescribed by NPS, may result in suspension of funds or other action. Interim Reports must include the Standard Form 269A, Financial Status Repon, which is used to document financial obligations and outlays during the previous reporting period. NPS nonnally requires that the initial repon must include several slides or4X6 photographs showing the condition of the propenypriorto beginning project work however, these photographs have already been submitted by the grantee. The final progress repon must include slides or photographs showing the finished work The grantee agrees to maintain close liaison with the NPS Grant Awarding Official throughout the grant period. NPS reserves the right to request meetings, upon reasonable notice, with grantee project staff at intervals during the course of project work The grantee agrees to promptly notify the NPS Grant Awarding Official should any of the following conditions become known to it: a) Problems, delays, or adverse conditions that will materially affect the ability of the grantee (or its subcontractors, if an~ to attain project objectives, prevent the project from meeting planned timetables, or preclude the completion of approved work; b) The need for adjustment (revision) to the project budget; and c) The lack of non-Federal matching share to meet the amount required by this Grant Agreement. Special Condition # 6. Prior Approval Requirements. The grantee may not, without written approval by the NPS grant awarding official (that official whose signature/title appears on the grant award document, or his designee), make changes in the approved scope of work or budget that would substantively alter the approved scope of work (43 CPR 12.70). Special Condition # 7 Lobb~ Prohibitions. Costs associated with activities or any form of communication designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation are unallowable as a charge to this grant. None of the funds awarded may be used to process any grant or contract documents which do not include the text of 18 US.c. 1913 prohibiting lobbying with appropriated funds. Recipients shall not use anypart of the appropriated funds for any activity or forthe publication or distribution of literature that in any way tends to promote public suppon or opposition to any legislative proposal on which Congressional action is not complete. Special Condition # 8. Debarment and Suspension. In accordance with Executive Order 12549 "Debarment and Suspension" the grantee and its subgrantees must not make any award or pennit any award (by subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. Grant Agreement (Page 4 of 6) APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DA TE: 19-04-ML-0110 November 1. 2004 November 30, 2006 Special Condition # 9. Financial Audit. The grantee shall obtain an audit of grant expenditure records in accordance with OMB Grcular A-133, which requires a Single Agency Audit for any grantee who expends at least $500,000 of Federal grant funds (from all soUICes) in a fiscal }"ar. Financial audits that include costs incurred for this grant (including nonfederal matching share) must be transmitted to the Federal Audit Cearinghouse, Data Preparation Division, US. Bureau of the Census, 1201 E. 10th Street, Jeffersonville, Indiana 47132. A reasonable proportion of the costs of an acceptable audit performed in accordance with OMB Grcular A-13 3 may be charged to this grant. If an audit is required byOMB Grcular A-133, the grantee must complete and submit one signed copy of the Data Collection Form for Reporting on Audits of States, Local Governments, and Non-Profit Organizations, SF-SAc, and one copy of the reporting package to the National Park Service within 30 days of the grantee's receipt of the completed audit report. The form must state whether the audit was completed, provide infonnation about the grantee, the results of the audit, the Emplo}"r Identification Number (EIN) and the Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS). Special Condition # 10. Record Keepin¡:. The grantee must maintain the property, personne~ financial, procurement and other records and accounts pertinent to the funds awarded by this grant in accordance with 43 CFR 12. The grantee, and its contractors will pennit on-site inspections by NPS representatives, and will effectively require emplo}"es and board members to furnish such infonnation as, in the judgment of NPS representatives, may be relevant to a question of compliance with grant conditions and directives on the effectiveness, legality and achievements of project work. Special Condition # 11. Access to Records. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the pwpose of financial or programmatic audit and examination to any books, documents, papers, and records of the grantee that are pertinent to the grant at all reasonable times during the period of retention provided for in 43 CPR 12. Special Condition # 12. Publicity and Press Releases: Press releases about this project must acknowledge the grant assistance provided by NPS and copies of the press releases must be provided to NPS. The grantee must transmit notice of any public ceremonies planned to publicize the project or its results in a timely enough manner so that NPS, Department of the Interior, Congressional or other Federal officials can attend if desired. Special Condition # 13 Publications. The grantee must include acknowledgment of NPS grant support and a nondiscrimination statement in all publications and videos assisted with grant monies and! or concerning NPS grant-supported activities. At least two copies of each publication and video concerning NPS grant-assisted activities, or published with NPS grant assistance, must be furnished to the NPS Grant Awarding Official within 30 calendar days of publication. All publications, including video and audio tapes, must contain the following disclaimer and acknowledgement of NPS support: "This material is based upon WOlk assisted by a grant from the Department of the Interior, National Park Service. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the Department of the Interior." All consultants hired by the grantee must be informed of this requirement. The National Park Service shall have a royalty- free right to republish any published material generated by this grant. Grant Agreement (Page 5 of 6) APPLICA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 19-04-ML-0110 November 1. 2004 November 30, 2006 Special Condition # 14. Method of Payment. An SF-270, Requestfor Advance or fuimbumment, must be faxed to the NPS Grant Awarding Official for approval of payment requests. After NPS has notified the grantee that the payment request is acceptable, the grantee can then transmit the payment request on the SMARTUNK payment system. Payment of grant funds will then be made by SMARTUNK electronic transfer of funds to a specified bank account of the grantee. Special Condition # 15. Ap.proved Bud~et and Scope of Work: The approved Summary of Objectives and Results to be performed with this grant award is as follows: rehabilitation of the Dubuque Shot Tower, in accordance with the SeiTetalY oftbe Interior's Standards for tbe Treatment ofHistoril" Properties. Work includes: a) Conduct archeological investigation in and around Tower b) Stabilize and repair masonry c) Install access stair d) Replace and repair roof e) Repair limestone site walls f) Remove environmental hazards (bird droppings) The approved Work/Cost Budget is sununarized as follows: Consultant Fees (Engineer, Archeologist, Hazardous Materials) Construction! Conservation Materials and Labor $ 80,000 $520,000 $600,000 TOT AI. GRANT (including non-Federal matching share) Special Condition # 16. Prea~reement Costs. Anypreagreement costs incurred must be approved in writing by NPS and authorized to be charged to this grant in accordance with OMB Grcular A-87. Documentation of these preaward costs must be retained for review by the grantee's financial audit. Special Condition # 17. NPS Concurrence with Selection of Consultants: The grantee must submit resumes and responses to its Requests for Proposals, along with its justification for which consultant(s) it proposes to select for grant-assisted work to the NPS Grant Awarding Official for concurrence by NPS. The proposed consultant(s) must have the requisite experience and training in archeology and historic preservation to oversee the work to be performed and to manage this complex project. Contractors performing grant-assisted work must be competitively selected. Special Condition # 18. NPS Review of Archeological Documentation Report and of Plans and Specifications. The grantee must submit plans and specifications to the National Park Service for its review and approval for compliance with the Secretary of the Interior's Standards for tbe Treatment of Historic Properties and Standards for Arcbeological Documentation, as well as the Conditions listed in this Grant Agreement, prior to the beginning of grant-assisted repair work on the property. An Archeological Documentation Report that describes the potential impacts to the site and illustrates the process of excavation and data recovery must be presented to NPS for review. Grant Agreement (Page 6 of 6) APPLICA TION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DA TE: ENDING DATE: 19-04-ML-0110 November 1, 2004 November 30, 2006 Special Condition # 19 Con¡pliance with the Secretatyof the Interior's Standards. All grant-assisted repair work will be reviewed by NPS to ensure that it meets the Secretary of the Interior's Standards fir the Treatment of Historic Propelties. Work that does not comply with these Standards in the judgment of NPS will not be reimbursed, and may cause the grant to be terminated and funds deobligated. Special Condition # 20. Con¡pliance with Section 106 of the National Historic Preservation Act. Pursuant to Section 106 of the Act, NPS and the grantee must complete the consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation in 36 CPR 800 priorto the commencement of construction work on the property. (Note that the NPS must receive a copy of the State Historic Preservation Officer's written approval of the methodology or plan to be used for any archaeological testing or ground-breaking prior to conducting such testing or ground-breaking.) NPS has initiated the Section 106 consultation process with the State Historic Preservation Officer (SHPO), by notifying the SHPO of the grant and sending the SHPO a copy of the grant application. Now, to complete the Section 106 review, the grantee must submit plans and specifications for the project to the SHPO. The grantee then must submit to the NPS Grant Awardiog Official copies of the following: 1) any written comments grantee receives from the SHPO in response to submission of plans and specifications for the project, including any suggestions for modifying the project, and 2) the SHPO's written concurrence with the project as proposed or as modified. In the event that the grantee and the SHPO cannot reach agreement, the grantee must notify NPS in writing so that NPS may participate in the conclusion of the consultation. (Note that plans and specifications must also be submitted by the grantee to NPS in orderto fulfill Grant Special Conditions # 18 & 19). Special Condition # 21. Requirement for Project Sign: The grantee must erect and maintain a project sign at the project site. The sign must: be of reasonable and adequate design and construction to withstand weather exposure; be of a size that can be easily read from the public right-of-way, and be maintained in place throughout the project term as stipulated in this Grant Agreement. At a minimum, the sign must contain the following statement: "Preservation of the [insert property name] is being supported in part bya Save America's Treasures grant administered by the National Park Service, Department of the Interior." Additional infonnation briefly identifying the historical significance of the property or recognizing other contributors is encouraged and permissible. A photograph of the sign must be submitted to NPS at the start of the construction process. The cost of fabricating and erecting the sign is an eligible cost for this grant. Special Condition # 22. Requirement for Executin~ Preservation Easement. The purpose of this grant is to preserve lúglùysignificant historic properties for future generations. Section 102(a)(5) of the National Historic Preservation Act requires that HPF grantees must agree to assume, after the completion of the project, the total cost of continued maintenance, repair and administration of the grant-assisted property in a manner satisfactory to the Secretary of the Interior. Accordingly, the grantee must grant a preservation easement to the State Historic Preservation Officer, or to a nonprofit preservation organization acceptable to NPS, in the State where this property is located. The term of the easement must run for at least 50 years from the end date of this Grant Agreement. A draft copy of the preservation easement must be submitted to the NPS Grant Awarding Official for review and comment by June 30, 2005. Any revisions subsequently transmitted by NPS to the grantee must be incorporated into the easement prior to the final release of funds by NPS and prior to the recording of the easements on the deeds of these properties.