HomeMy WebLinkAboutIowa DNR-Project Poposal-03.03.2008 3 - 3 - off
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IOWA DEPARTMENT OF NATURAL RESOURCES
Wallace State Office Building
Des Moines, Iowa 50319-0034
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
Part I
APPLICANT AGENCY: City of Waterloo TYPE OF PROJECT:
Contact Person: Paul Huting Acquisition:
Title: Director of Leisure Services Development: X
Street/PO Box: 1101 Campbell Ave. Combination:
City/Zip Code: Waterloo, IA 50701
Telephone#: (319)291-4370
Federal ID#: * Complete Part II of Application.
PROJECT TITLE: Mark's Park ESTIM. STARTING DATE:
August 2008
TOTAL PROJECT COST: $ 400,000
ESTIM. COMPLETION DATE:
Breakdown of Project Costs
August 2009
Total Federal Share: $ 50,000
Total Local Share: $ 350,000 PREVIOUS LWCF GRANTS ON
SOURCE: PROJECT SITE?
Appropriations: $
Bonds: $ Yes * No X
Tax Levies: $
Donations: $ 103,650 * List Project Numbers:
Other(Explain): $ 246,350
OWNERSHIP OF PROJECT SITE:
Date Project Site was Acquired: 09-29-1972 (For Development Projects Only)
If after January 2, 1971, was acquisition in
compliance with Public Law 91-646? Yes X No
(Uniform Relocation Assistance Act of 1970)
SIGNATURE: K TITLE: Mayo r
By signing this proposal, the appli nt agrees to the Federal terms and conditions contained
in this Application and the attached General Conditions.
LAND AND WATER CONSERVATION FUND
PROJECT PROPOSAL
RESOLUTION ON ACQUISITION OR DEVELOPMENT
FOR OUTDOOR RECREATION
County: Black Hawk County
WHEREAS, the City of Waterloo is interested in acquiring lands or developing outdoor recreational
facilities on the following described project for the enjoyment of the citizenry of the City of Waterloo and the
State Iowa.
Project Title: Mark's Park
Total Estimated Cost: $ 400,000
Brief Description of Project: Mark's Park, a memorial to Mark Young, the son of local residents Rick and
Cathy Young, who passed away in 2003, is an important part of the River Renaissance Project. The park
will feature several amenities, including views of the Plaza and Amphitheatre Area and the Cedar River,
benches and rest areas for visitors, unique play equipment for children, and a splash pad area with water
feature for enjoyment. Currently, there are no public parks in the downtown Waterloo area and this park,
along with the nearby trails and other exciting developments going on in the metropolitan area, will help
make downtown Waterloo an enjoyable destination for residents and visitors from all over Iowa.
AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said
outdoor recreational facilities,
NOW THEREFORE,be it resolved by the_ City of Waterloo that the project described above be
authorized,
AND,be it further resolved that said City of Waterloo 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 12.5%of the actual cost of the project in behalf of said City of Waterloo ,
AND,be it further resolved that said City of Waterloo 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 of Waterloo 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 of Waterloo at a legal meeting held on this 3`d day of March ,2008
signature) ature)
Mayor City C erk
(title) (title)
.
Map 2
Waterloo, Iowa Mark's Park Township 89 North
'` Range 13 West
Project Boundary Map section 26
! Legal Description of Parcel
Number 891326229003
e� Waterloo Centers (Shown with the green border):
for the:Arts FRL BLOCKS WATERLOO
•. i WEST SWLY 96 FT LOTS 1
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�4 '(he map does not represent a survey,no liability is assumed for the accuracy I.
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of the data delineated herein,either expressed or implied by INRCOG. Li f#1. Existing Park Boundary
i i r:V0(February 2008)Iowa Northland Regional Council of Governments Parcel of Legal Description
' Please call 319-235-0311 to obtain permission for use. a
INRCOG
Timothy J. Hurley, Mayor City of Waterloo Date
Map 2
Waterloo, Iowa Mark's Park Township 89 North
Project BoundaryI
Range 13 West
Map Section 26
Legal Description of Parcel
Waterloo Center; Number 891326229003
o (Shown with the green border): .. -
for the Arts• '- FRL BLOCKS WATERLOO
WEST SWLY 96 FT LOTS 1
=' TO 5 INC BLK 1 AND NELY
15 FT VAC CEDAR ST ADJ
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The map does not represent a survey,no liability is assumed for the accuracy
e of the data delineated herein,either expressed or implied by INRCOG. Existing Park Boundary
CO(February 2008)Iowa Northland Regional Council of Governments - Parcel of Legal Description
r INR 6 Please call 319-235-0311 to obtain permission for use.
Timothy J. Hurley, Mayor City of Waterloo Date
LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT GENERAL PROVISIONS 3/01
Part I-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 II-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(fx3)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(f)(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.
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 III-I 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 III-Project Assurances
A. Applicable Federal Circulars
The State shall comply with applicable regulations,policies, guidelines and requirements including OMB Circular A-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.
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. I894(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-I 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.
(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 fines. These
reports,SF 334,will be submitted one month following the end of each fiscal quarter(i.e.,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 fines.
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 foal 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 canes shall be in accord with the
legal rights and liabilities of the parties.
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 finds 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 cm 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 arty 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.
FL 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;
• \ti
(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;
(fl 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(i
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
L 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 US.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.
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).
11.Copeland Anti-Kickback Act. Construction projects must comply with this Act
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 Certification Regarding Debarment, Suspension, Ineligibility and
below for complete instructions: Voluntary Exclusion - Lower Tier Covered Transactions - (See
Appendix B of Subpart D of 43 CFR Part 12.)
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions - The Certification Regarding Drug-Free Workplace Requirements-Alternate
prospective primary participant further agrees by submitting this I. (Cnantees Other Than Individuals)and Alternate II. (Grantees Who
proposal that it will include the clause titled, "Certification are Individuals)-(See Appendix C of Subpart D of 43 CFR Part 12)
Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Covered Transaction," provided by the Signature on this form provides for compliance with certification
department or agency entering into this covered transaction, requirements under 43 CFR Parts 12 and 18. The certifications shall be
without modification,in all lower tier covered transactions and in treated as a material representation of fact upon which reliance will be
all solicitations for lower tier covered transactions. See below for placed when the Department of the Interior determines to award the
language to be used; use this form for certification and sign; or use covered transaction,grant,cooperative agreement or loan.
Department of the Interior Form 1954(DI-1954). (See Appendix A of
Subpart D of 43 CFR Part 12.)
PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary
Covered Transactions
CHECK X IF THIS CERTIFICATION IS FOR A 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;
(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.
PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions
CHECK X 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.
Dr-2010
March 1995
(This form consolidates D1-1953,D1-1954,
01-1955,D1-1956 and 111-1963)
PART C:Certification Regarding Drug-Free Workplace Requirements
CHECK X 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;
(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 terns 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(dX2)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(dX2),
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).
B. The grantee may insert in the space provided below the sites for the performance of work done in connection with
the specific grant:
Place of Performance(Street address,city,county,state,zip code)
City of Waterloo,IA
715 Mulberry Street
Waterloo,IA 50703
Check if there are workplaces on file that are not identified here.
DI-2010
Much 1995
(Ibis form consolidates DI-1953,DI-1954,
DI-1955,D1-1956 and D1-1%3)
PART D: Certification Regarding Drug-Free Workplace Requirements
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
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 OFA FEDERAL
LOAN EXCEEDING THE AMOUNT OF$150,000,OR A 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 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.
As the authorized certifying official,I hereby certify that the above specified certifications are true.
SIGNATURE OF AUTHORIZED CER Ill YING OFFICIAL �—
TYPED NAME AND 1 f 1 LE Timothy urley,Mayor
DATE March 3,2008
DI-2010
March 1995
(This fan consolidates DI-1953,DI-1954,
DI--1959,DI-1956 and DI-1963)