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Land and Water Conservation Fund Grant Application_Eagle Point Park Environmental Copyright 2014 City of Dubuque Consent Items # 19. ITEM TITLE: Land and Water Conservation Fund Grant Application for Eagle Point Park Environmental Restoration SUMMARY: City Manager recommending approval to submit a Fiscal Year 2016 Land and Water Conservation Fund Grant Application to the Iowa Department of Natural Resources for the Eagle Point Park Environmental Restoration Project. RESOLUTION Authorizing LWCF Grant Application to Iowa Department of Natural Resources for Eagle Point Park Environmental Restoration Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type LWCF Grant Application for Eagle Point Park City Manager Memo Environmental Restoration-MVM Memo Staff Memo Staff Memo Grant application Supporting Documentation Federal Grant Provisions Supporting Documentation Maps Supporting Documentation Resolution Resolutions THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Land and Water Conservation Fund Grant Application — Eagle Point Park Environmental Restoration DATE: February 25, 2016 Planning Services Manager Laura Carstens recommends City Council approval to submit a Fiscal Year 2016 Land and Water Conservation Fund Grant Application to the Iowa Department of Natural Resources for the Eagle Point Park Environmental Restoration Project in the amount of $175,000. The City of Dubuque has signed an agreement for a Fiscal Year 2016 $200,000 Resource Enhancement and Protection (REAP) grant for the Eagle Point Park Environmental Restoration Project. This grant is eligible as local match for the Land and Water Conservation Fund Grant, therefore, no cash match is required by the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF Dubuque DUB E Masterpiece on the Mississippi I I I I• 2007.2012-2M3 MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: LWCF Grant Application - Eagle Point Park Environmental Restoration DATE: February 25, 2016 INTRODUCTION This memorandum requests City Council approval to submit a FY 2016 Land and Water Conservation Fund (LWCF) Grant Application to the Iowa Department of Natural Resources (IDNR) for the Eagle Point Park Environmental Restoration project in the amount of$175,000. Enclosed are the grant application and resolution, maps, and a City resolution. BACKGROUND The LWCF Grant Program is a federal pass-through grant program of the National Park Service administered by the IDNR. The LWCF program provides funds to incorporated cities and county conservation boards in the form of 50% reimbursement grants. Grants require a minimum 50% match. Eligible projects include acquisition and/or development of land for outdoor recreation. Renovation of existing facilities is also eligible. The City of Dubuque is eligible for up to $175,000 in grant funds. Applications are due March 15th each year. DISCUSSION Eagle Point Park overlooks the Mississippi River, providing a spectacular view of Iowa, Illinois, and Wisconsin. It serves as both a community park and a regional park because of its size. Over time, Eagle Point Park's 164 acres of multipurpose green space and natural wooded hillsides have experienced severe erosion and sediment loss. Invasive plant species have added to the storm water management issues on the park's rolling and sometimes rugged terrain. Environmental restoration is needed to mitigate and reverse these impacts. All of this work must be done within the context of the park's rich cultural history. The Eagle Point Park Environmental Restoration Project will incorporate the park's historic features and landscape restoration plans with sustainable best management practices (BMPs) to mitigate stormwater runoff, prevent soil erosion, and remove invasive species throughout the cultured grounds and natural areas of Eagle Point Park. The first phase of this project will be for the City to retain experts in landscape architecture, environmental engineering and ecological restoration who have expertise in the design of ecologically sustainable BMPs in context with the park's many historic and cultural assets to develop a Management Plan for Environmental Restoration at Eagle Point Park. The estimated cost to develop the Management Plan is $50,000. LWCF Grant Application - Eagle Point Park Environmental Restoration The second phase will be implementation of the Management Plan for Environmental Restoration. The implementation phase will be completed over a two-year time frame, beginning once federal authorization is received for the LWCF grant. In addition, the City of Dubuque has assembled a team to provide important information on the historic, and architectural significance of the park's buildings and landscape. An archeology survey of the park has been completed. With this information, the City can avoid any sensitive areas when undertaking environmental restoration. BUDGETIMPACT The City of Dubuque has signed an agreement for a FY2016 $200,000 Resource Enhancement and Protection (REAP) grant#16-R4-CZ for the Eagle Point Park Environmental Restoration Project. This grant is eligible as local match for the LWCF grant. The City has successfully leveraged LWCF grants with REAP funds for expansions of the E.B. Lyons Interpretive Center and Interpretive Area by providing more than the minimum 50% match. In this case, no cash match is required by the City of Dubuque, as shown below Project Phases Est. Cost Develop Management Plan $ 50,000 Implement Management Plan $325,000 Total $375,000 Project Funding Sources Amount Percent REAP Grant#16-R4-CZ $200,000 53% LWCF Grant Application $176,000 47% Total $375,000 100% RECOMMENDATION I recommend that the City Council approve the attached resolutions and the FY 2016 LWCF grant application of$175,000 for the Eagle Point Park Environmental Restoration Project. Enclosures cc: Marie Ware, Leisure Services Manager Stephen Fehsal, Park Division Manager Jenny Larson, Budget Director F:\USERS\LCARSTEN\WP\GRANTS\LWCF\EPP LWCF Grant App Memo to MVM.doc 2 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4121 RESOLUTION NO. 62-16 RESOLUTION AUTHORIZING LWCF GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL RESOURCES FOR EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT Whereas, the Iowa Department of Natural Resources has allocated grant funds from LWCF (Land and Water Conservation Fund) for projects that help establish natural areas, encourage outdoor recreation, and enhance and protect Iowa's natural and cultural resources; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that includes goals for environmental quality, park improvements, and stormwater management. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the FY 2016 LWCF Grant Agreement with the Iowa Department of Natural Resources for the Eagle Point Park Environmental Restoration Project in the amount of $175,000. Section 2. That the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 7th day of March, 2016. Attest: KeAn S. Firnstahl, i% ity Clerk F:\USERS\LCARSTEN\WP\GRANTS\LWCF\FY16 LWCF Grant Agreement Resolution.doc Roy D.uol, Mayor SECTION 11 - LWCF APPLICATION IOWA DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND Applications Due March 15th GRANT APPLICATION AND APPLICANT INFORMATION 1. sPROJ,E( Project Title: Eagle Point Park Environmental Restoration Project Project 911 Address: 2601 Shiras Avenue, Dubuque, Iowa JE ❑ Acquisition Development ❑ Combination # of Acres Acquired: LIC; TFINFORMATI`,l Agency: City of Dubuque, Iowa Email: Icarsten@cityofdubuque.org Contact Person: Laura Carstens Telephone #: 563-589-4210 Applicant Mailing Address: Planning Services Dept., 50 W. 13th Street DUNS #: 093105302 City & Zip Code: Dubuque, Iowa 52001 County: Dubuque County CR PTI Project Description: (Maximum of 100 words summarizing the project and use of LWCF Funds) Eagle Point Park's 164 acres of recreation and natural spaces suffer severe erosion and loss of turf and native vegetation. Invasive plants hinder stormwater management on the park's rolling, rugged terrain. LWCF will help mitigate/reverse these impacts by: Stimulate germination and growth of desired trees, shrubs and plants; Remove/ prevent invasive species from seeding annually; Establish diverse mix of ground -layer plants, flowers with nectar, and various fruits, seed, leaves, stems and roots to provide resources for wildlife; and Reduce/prevent erosion and stormwater runoff through sustainable best practices. Project Costs (Including Required 50% Cash Match): Federal LWCF Funds Requested: $ Local Share: Source: REAP grant #16 -R4 -CZ $ 175,000 200,000 Source: $ Donations: $ Total Project Cost: $ 375,000 5s iWN.ERSHIF? OF.;PROJECT SITE,& PREVI.OU,S,L' F 3G RANTS'ATS1 Date Project Site Acquired: 1908 (Development Projects Only) Previous LWCF Grants Awarded at Project Site ❑ Yes ./ No If yes, List Project Numbers: IGNATUF Upon signing in the space provided, the Applicant agrees to conform with the Americans with Disabilities and Civil Rights Acts, as ell as keeping the Project Site op to the public for outdoor recreation in perpetuity and completing the 5 ar Post Co pletio Inspection Reports. Applccc'nt Signature and Date Applicant Name and Title Roy D. Buol, Mayor, City of Dubuque, Iowa 12/2015 cmc DNR Form 542-0128 SECTION 11 - LWCF APPLICATION PROJECT PROPOSAL PAF ESOLUTION .Oi4ACQUISITION` DEVELOPMENT:FOR'OUTDOOR:RECREATI County: Dubuque County WHEREAS, the City of Dubuque, Iowa (City/County) is interested in acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of Site Name: Eagle Point Park and the State Iowa. Site Address: 2601 Shiras Avenue, Dubuque, Iowa Project Title: Eagle Point Park Environmental Restoration Project Total Estimated Cost: $ 375,000 Brief Description of Project: Eagle Point Park's recreation and natural spaces suffer severe erosion and loss of turf and native vegetation. Invasive plants hinder stormwater management. LWCF will help mitigate/reverse these impacts by: Stimulate germination and growth of desired trees, shrubs and plants; Remove/ prevent invasive species from seeding annually; Establish diverse mix of ground -layer plants, flowers with nectar, and various fruits, seed, leaves, stems and roots to provide resources for wildlife; and Reduce/prevent erosion and stormwater runoff through sustainable BMPs. AND, Land and Water Conservation Fund financial assistance is being sought for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, be it resolved by the City Council of Dubuque, Iowa that the project described above be authorized, AND, be it further resolved that said City Council 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 47 % of the actual cost of the project, AND, be it further resolved that said City Council certifies to the following: 1. That is will accept the terms 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 City Council for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. 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 Act 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. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. THIS IS TO CERTIFY that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City Council of Dubuque, Iowa at a legal meeting held on this 7th Day of March , 20 16 Aft (signature) (sig, -t re) Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk (title) (title) 12/2015 cmc DNR Form 542-0128 SECTION II - LWCF APPLICATION PA A ECRIPTI N. ND`ENVIRONMENTALx`SCREENING The purpose of this Proposal Description and Environmental Screening Form (PD-ESF) is to provide descriptive and environmental information about a variety of Land and Water Conservation Fund (LWCF) state assistance proposals submitted for National Park Service (NPS) review and decision. The completed PD-ESF becomes part of the "federal administrative record" in accordance with the National Environmental Policy Act (NEPA) and its implementing regulations. The PD portion of the form captures administrative and descriptive details enabling the state and NPS to understand the proposal. The ESF portion is designed for States and/or project sponsors to use while the LWCF proposal is under development. Upon completion, the ESF will indicate the resources that could be impacted by the proposal enabling States and/or project sponsors to more accurately follow an appropriate pathway for NEPA analysis: 1) a recommendation for a Categorical Exclusion (CE), 2) production of an Environmental Assessment (EA), or 3) production of an Environmental Impact Statement (EIS). The ESF should also be used to document any previously conducted yet still viable environmental analysis if used for this federal proposal. When necessary, use a separate sheet for narrative descriptions and explanations, address each item and question in the order it is presented, and identify each response with its item number such as Step A2; Step 4-A1, A29; etc. Step 1. Type of LWCF Proposal ❑ Acquisition C Development Go to Step 2A Go to Step 28 Step 2. Proposal Description (PD) ❑ Combination (Acquisition & Development) Complete Step 2A and 2B A. For an Acquisition Project 1. Provide a brief narrative about the proposal that provides the reasons for the acquisition, the number of acres to be acquired with LWCF assistance, and a description of the property. Describe and quantify the types of existing resources and features on the site (for example, 50 acres wetland, 2,000 feet beachfront, 200 acres forest, scenic views, 100 acres riparian, vacant lot, special habitat, any unique or special features, recreation amenities, historic/cultural resources, hazardous materials/ contamination history, restrictions, institutional controls, easements, rights-of-way, above ground/underground utilities, including wires, towers, etc.). 2. How and when will the site be made open and accessible for public outdoor recreation use (signage, entries, parking, site improvements, allowable activities, etc.)? 3. Describe development plans for the proposal for the site(s) for public outdoor recreation use within the next three (3) years. 12/2015 cmc --10-- DNR Form 542-0128 SECTION 11 - LWCF APPLICATION 4. Acquisition Schedule Code* Parcel # Acres Estimated Date of Acquisition Estimated Value of Land to be Acquired Estimated Value of Improvements to be Acquired Total Estimated Cost Total Acres Total Cost * Code: 1. = Negotiated Purchase 2. = Condemnation 3. = Donation One Appraisal is required on each acquisition. Contact the Budgets & Finance Bureau of the Iowa Department of Natural Resources prior to conducting an appraisal to receive the appropriate appraisal guidelines. Appraisals will not be returned. 5. Will acquisition included in this proposal cause the displacement of individuals, families, businesses or farms? ❑ Yes ❑ No Number of: Individuals: Families: Businesses: Farms: 6. Anticipated income from project site during project period: $ 7. The (applicant) agrees to comply with the terms and intent of P.L. 91- 646, Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970). 8. Go to Step 2C below 13. For a Development Project 1. Describe the physical improvements and/or facilities that will be developed with federal LWCF assistance, including a site sketch depicting improvements, where and how the public will access the site, parking, etc. Indicate entrances on 6(f) map. Indicate to what extent the project involves new development, rehabilitation, and/or replacement of existing facilities. The Project will incorporate the park's historic features and landscape restoration plans with sustainable BMPs to mitigate stormwater runoff, prevent soil erosion, and remove invasive species throughout the cultured grounds and natural areas of Eagle Point Park. This work will be accomplished through implementation of the Management Plan for Environmental Restoration by working in identified management units to accomplish environmental restoration goals. Removal of invasive species, restoration of native ecological resources, and capital expenditures for infrastructure repair and replacement relative to erosion and runoff are key principal physical improvements. The park is accessed from two city streets. The main entrance is at 2601 Shiras Avenue. This entrance is the park's Southern Gate Road. The secondary entrance is off Eagle Point Drive, which transitions to the park's Northern Gate Road. Public parking is provided throughout the park. 12/2015 cmc DNR Form 542-0128 SECTION 11 - LWCF APPLICATION 2. When will the project be completed and open for public outdoor recreation use? Eagle Point Park will remain open to the public during the project, which is expected to be completed within two years. 3. Go to Step 2C below C. For all Projects — Project Scope and Justification 1. Will this proposal create a new public park/recreation area where none previously existed and is not an addition to an existing public park/recreation area? Yes ❑ (go to #3) No ❑x (go to #2) 2. What is the name of the pre-existing public area that this new site will be added to? Eagle Point Park 3. What will be the name of this new public park/recreation area? 4. What is the sponsor's type of ownership and control of the property? ❑X Fee simple ownership ❑ Less than fee simple. Explain: 5. Describe the location of the project site, physical address and any facilities or improvements on the project site. Eagle Point Park, 2601 Shiras Avenue, Dubuque, Iowa, is a community/regional park atop limestone bluffs on the Mississippi River. It is an area of natural quality for outdoor recreation, with walking, viewing, sitting, picnicking, and restrooms. The park has open air and closed pavilions, horseshoe pits, drinking fountains, seasonal lily pond with waterfalls and goldfish, band shell, tennis courts, playground equipment, barbecue grills, nature trails, flower gardens, and viewing towers. 6. Describe the Scope of the proposed project. Eagle Point Park suffers from severe erosion and loss of turf and native vegetation. Invasive plants hinder stormwater management on the park's rolling terrain. LWCF will help mitigate/reverse these impacts by: Stimulate germination and growth of desired trees, shrubs and plants; Remove/ prevent invasive species from seeding annually; Establish diverse mix of ground -layer plants, flowers with nectar, and various fruits, seed, leaves, stems and roots to provide resources for wildlife; and Reduce/prevent erosion and stormwater runoff through sustainable best management practices. 7. Describe the purpose and justification/need of the proposed project. Eagle Point Park is both a community park and a regional attraction of natural quality for outdoor recreation; however, it's multipurpose green space and natural wooded hillsides have experienced severe erosion and loss of turf and native vegetation. Environmental restoration is needed to mitigate and reverse these impacts for the park to remain a viable community and regional asset. The implementation of a Management Plan for Environmental Restoration is extremely important for Eagle Point Park. The project would allow: protection of the historical, archeological, cultural, and natural resources we anticipate are on the property, restoration of native landscape to improve and expand wildlife habitat and storm water management, and opportunities to expand interpretive signage and other park amenities that will improve the visitor experience. 12/2015 cmc --12-- DNR Form 542-0128 SECTION 11 - LWCF APPLICATION 8. Describe the environment of the project site. The history of the site, future of site without implementation of proposed project, environmental intrusions, etc. In 1908, the first 100 acres of Eagle Point Park were deeded to the city. Streetcar traffic began to serve the park in 1912. In the 1930s the City received a $200,000 Works Progress Administration (WPA) grant and hired a landscape architect to build park buildings and gardens built in the Prairie School architectural style. Over time, more amenities and more acres were added. Eagle Point Park's multipurpose green space, rolling terrain, and rugged wooded hillsides bear the impacts of severe erosion, stormwater damage, loss of turf, and loss of native plants to invasive species. These impacts will continue unless mitigated and reversed through implementation of the Environmental Restoration Management Plan. 9. What if any interrelationships with other federal, state or local projects are there? The City of Dubuque's 2011 Urban Forest Evaluation assessed current condition of the urban forest and made critical recommendations with respect to best management practices and future initiatives, including for Eagle Point Park. The City's Natural Resources and Sustainable Practices Specialist evaluated invasive species in the park in 2015. A Phase 1 archeological survey of the park was completed and submitted to the SHPO in 2015. A draft nomination of Eagle Point Park to the National Register of Historic Places was reviewed by SHPO in 2015. A final nomination is scheduled for SHPO and NPS approval in 2016. The City Park Division has a five-year capital improvement program that is updated annually for Eagle Point Park. 10. Describe the nature of any rights-of-way, easements, reversionary interests, etc. to the Section 6(0 park area? Indicate the location on 6(0 map. Do parties understand that a Section 6(0 conversion may occur if private or non -recreation activities occur on any pre-existing right-of-way, easement, leased area? There are no rights-of-way, easements, or reversionary interests in Eagle Point Park. The City of Dubuque is familiar with the LWCF program and Section 6(f) requirements. 11. Are overhead utility lines present, and if so, explain how they will be treated per LWCF Manual. n/a 12. As a result of this project, describe new types of outdoor recreation opportunities and capacities, and short and long term public benefits. With implementation of the Environmental Restoration Management Plan, much more of Eagle Point Park's multipurpose recreational spaces and natural areas will be available for use and enjoyment by the public as the impacts of severe erosion, stormwater damage, loss of turf, and loss of native plants to invasive species are mitigated and reversed. With implementation of the Management Plan, the City will be able to establish a diverse mix of ground -layer plants, flowers with nectar, and a variety of fruits, seed, leaves, stems and roots that will provide resources for wildlife. These ecological improvements will provide short and long term public benefits by adding to the visitor experience. 13. Explain any existing non -recreation and non-public uses that will continue on the site(s) and/or proposed for the future within the 6(0 boundary. n/a 12/2015 cmc - - 13 - - DNR Form 542-0128 SECTION 111 - LWCF GENERAL PROVISIONS LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT GENERAL PROVISIONS 3/01 Part 1 - Definitions A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Manual" as used herein means the Land and Water Conservation Fund Grants Manual (NPS -34). D. The term "project" as used herein means a single project, a consolidated grant, a project element of a consolidated grant, or project stage which is subject to the project agreement. E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the authority to act for such Secretary. Part 11 - Continuing Assurances The parties to the project agreement specifically recognize that the 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 requirements. 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 participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further impose these requirements, and the terms of the project agreement, upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. This replacement land becomes subject to Section 6(0(3) protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his designee. Prior to the completion of this project, the State and the Director may mutually alter the area described in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(0(3) protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition 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 recreation uses as a result of such reversionary interest being exercised is approved. In receipt of this approval, the State agrees to notify the Service of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions. The State further agrees to effectuate such replacement within a reasonable period of time, acceptable to the Service, after the conversion of property takes place. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. 12/2015 cmc - 30 - DNR Form 542-0128 SECTION III - LWCF GENERAL PROVISIONS C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of this agreement. D. The State agrees to comply with the policies and procedures set forth in the Land and Water Conservation Fund Manual. Provisions of said Manual are incorporated into and made a part of the project agreement. E. The State agrees that the property and facilities 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 participant'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 acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Part 111-1 herein. 2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Part 111 - Project Assurances A. Applicable Federal Circulars The State shall comply with applicable regulations, policies, guidelines and requirements including OMB CircularA-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State 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 State and Local Government) as they relate to the application, acceptance and use of Federal funds for this federally assisted project. B. Project Application 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3. The State has the ability and intention to finance the non -Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Project 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 terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. For project elements added to a consolidated grant, the project period will begin on the date the project element is approved. 2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover administrative expenses. 12/2015 cmc - 31 - DNR Form 542-0128 SECTION III - LWCF GENERAL PROVISIONS 3. The State will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 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 accordance with the plans and specifications for the project; the State 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 competent and adequate architectural/engineering supervision and inspection at the construction site to insure that 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 III, 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 acquisitions and where applicable shall assure that the Act has been complied with for property to be 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 relating to the protection of wetlands. 10. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 11. The State will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The State 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 $100,000. 12. The State 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-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, 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 to avoid or mitigate adverse effects upon such properties. 13. The State will comply with Executive Order 12432, "Minority Business Enterprise Development as follows: (1) Place minority business firms on bidder's mailing lists. (2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services. (3) Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage participation by these firms. 12/2015 cmc - 32 - DNR Form 542-0128 SECTION III - LWCF GENERAL PROVISIONS (4) For any project involving $500,000 or more in grant assistance (except for projects involving acquisition only) the State or recipient shall submit, prior to the commencement of construction and every fiscal year quarter thereafter until project completion, reports documenting the efforts to hire minority business firms. These reports, SF 334, will be submitted one month following the end of each fiscal quarter (Le., January 31, April 30, July 31, and October 31) to the appropriate National Park Service Regional Office. (5) The Department of the Interior is committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. The National Park Service Regional Offices will work closely with the States to ensure full compliance and that grant recipients take affirmative action in placing a fair share of purchases with minority business firms. 14. The State will comply with the intergovernmental review requirements of Executive Order 12372. D. Construction Contracted for by the State Shall Meet the Following Requirements: 1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (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 contractor 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 that it will comply with debarment and suspension provisions appearing at Part III -J herein. 3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service and General Government Appropriations Act), for procurement of goods and services (including construction services) having an aggregate value of $500,000 or more, the amount and percentage (of total costs) of federal funds involved must be specified in any announcement of the awarding of a contract. E. Retention and Custodial Requirements for Records 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years; 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 consolidated project element. 3. State and local governments are authorized to substitute microfilm copies in lieu of original records. 4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. F. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the Service. 2. The State may unilaterally terminate the project or consolidated project element at any time prior to the first payment on the project or consolidated project element. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 12/2015 cmc - 33 - DNR Form 542-0128 SECTION 111 - LWCF GENERAL PROVISIONS 4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding 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 prior to termination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park Service be returned. G. Lobbying with Appropriated Funds The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no 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 or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. H. Provision of a Drug -Free Workplace In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows: The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 12/2015 cmc - 34 - DNR Form 542-0128 SECTION 111 - LWCF GENERAL PROVISIONS (c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his 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 an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant. I. Civil Rights Assurance The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefitted from Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant. 12/2015 cmc - 35 - DNR Form 542-0128 SECTION 111 - LWCF GENERAL PROVISIONS J. Debarment and Suspension Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or 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 (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, 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)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department of Interior Form 1954 (DI -1954) may be used for this purpose. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application. In addition to applicable state and local laws, and regulations, the state, grantee and any contractors hired to construct a project for this agreement must comply with the following federal legislation: 1. Rehabilitation Act of 1973. 2. Americans with Disabilities Act of 1990. 3. National Environmental Policy Act of 1969 (P.L. 91-190). 4. Federal Water Pollution Control Act of 1972. 404 permit through Corps of Engineers. 5. Endangered Species Act of 1973 (P.L. 93-205). 6. Copeland Anti -Kickback Act. Construction projects must comply with this Act. 12/2015 cmc - 36 - DNR Form 542-0128 SECTION 111 - LWCF GENERAL PROVISIONS U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used; use this form for certification and sign; or use Department of the Interior Form 1954 (DI - 1954). (See Appendix A of Subpart D of 43 CFR Part 12.) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CFR Part 12.) Certification Regarding Drug -Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions CHECK IF THIS CERTIFICATION IS FORA PRIMARY COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or 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 (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 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)(b) of this certification; and Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (0) (d) (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART• C: Certification Regarding Drug -Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about -- (1) The dangers of drug abuse in the workplace; 12/2015 cmc - 37 - DNR Form 542-0128 SECTION 111 - LWCF GENERAL PROVISIONS (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his 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 an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification numbers(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (9) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Eagle Point Park 2601 Shiras Avenue City of Dubuque, Dubuque County, Iowa 52001 0 Check if there are workplaces on file that are not identified. here. PART D: Certification Regarding Drug -Free Workplace Requirements 0 CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying & Certification for Contracts, Grants, Loans, and Cooperative Agreements ❑x CHECK IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT; SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT. ❑ CHECK IF CERTIFICATION IS FOR THE AWARD OF A FEDERAL LOAN EXCEEDING THE AMOUNT OF $150,000, ORA SUBGRANT OR SUBCONTRACT EXCEEDING $100,000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of 12/2015 cmc - 38 - DNR Form 542-0128 SECTION HI - LWCF GENERAL PROVISIONS Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or wit be paid 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for at subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, I hereby certify that the above specifie certifi ations are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TYPED NAME AND TITLE DATE Roy D. Buol, , or March 7, 2016 DI❑2010 March 1995 (This form consolidates DI01953, DI01954, DI❑1955, DI❑1956 and DI 01963) 12/2015 cmc - 39 - DNR Form 542-0128 {RIVERPAOIJON �SHIR,4S MEMOR LPA IL ON 7 i EacL es view Painuo.N f 6RIDGE C 'MPLEX EF RANDSHELL Q, lt/af INDIAN ROOM OPEN 41R PAVILION VERANDA 400M5 a�- TERRACE ROOrv� ' . TR TATE IEW VIL N, ' OG Cd EIN PAVILION Aerial Photo I �1 r � I Ifs O Eagle Point Park - SaniSewer Stormidecter Sewer eMier Main asier Tower 1--i Railroad r - Lock& Dam 11 _� , Leve 2Contours � Bulld nga z ze 0 125250 500 Feet � �� '��� u ':; s 11 0 0 \ l 71 Eagle Point Park Play Areas -� - Indian Room Tennis cards horseshoe Pits Bridge Complex - Veranda Rooms Open Air Pavillon _ - Rlverhont Pal L r ® Log Cabin Pavilion- Eagles View Pavilion © Tri-State View Pavilion - Shims Memorial Pavilion OResirooms _ - eYn '2 0 125 250 500 Feet r _ v- II I ✓ Existing Land Use enmm mmmm a I ® mea%� no ) °maa'a5 S micro Clow 999 66 WN Office Pffiffis Open Space E ,< H pp 2