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HomeMy WebLinkAbout127-06 RESOLUTIONRESOLUTION NO. 127-06 A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION GRANT IN AN AMOUNT NOT TO EXCEED $125,000.00 FOR IMPROVEMENTS TO SWEETBRIAR PARK, BRYCE DAVIS PARK AND GULLEY PARK. WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation facilities and wishes to seek grant funding assistance; and, WHEREAS, in order to obtain the funds necessary to develop and/or improve the site for such a recreation area, it is necessary to obtain a 50/50 Matching Grant from the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program; and, WHEREAS, the City Council of the City of Fayetteville, Arkansas understands the grantee and grantor will enter into a binding agreement which obligates both parties to the policies and procedures contained in the Land and Water Conservation Fund Grants Manual including, but not Limited to the following: the park area defined by the project boundary map, . submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if the property is bought or developed with matching grant funds and; all present and future overhead utility lines within the project boundary must be routed away or placed underground and; the project area must remain open and available for use by the public at all reasonable times of the day and year; facilities can be reserved for special events, league play, etc. but cannot be reserved, leased, or assigned for exclusive use, and; the project area must be kept clean, maintained, and operated in a safe and healthful manner. The City Council of the City of Fayetteville, Arkansas is well aware and apprised of the above-mentioned project, and will provide the local portion of the development cost of the entire project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to make application to the Arkansas Department of Parks and Tourism for assistance, in an amount not to exceed $125,000.00, for improvements to Sweetbriar Park, Bryce Davis Park and Gulley Park. Therefore, such application shall be submitted as expediently as possible. PASSED and APPROVED this 151 day of August, 2006. APPROVED: ATTEST: By: 1 / . By: •6.0-/A.44-PatDA GOODY, ayo, SRA SMIT, Clerk tttttttttttttttttt tttt 0 G \SY'.esG•. 0e". V. •cr FAY ETT EVILLE ; .tto •� '' '9sy;QkA, NS tc e/''(./,;GTONCCV �Itl ell4IIIl 4 ., APPLICATION F `j` & &/ /e47 -D6 Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED 08/23/2006 Applicant Identifier 1. TYPE OF SUBMISSION: Application Pre -application 3. DATE RECEIVED BY STATE State Application Identifier ❑ Construction Non -Construction ■ 0 Construction4. Non -Construction DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Fayetteville Department: Parks and Recreation • Organizational DUNS: 075657742 Division: N/A Address: Name and telephone number of person to be contacted on matters Street: Involving this application (give area code) 113 W Mountain Prefix: Mrs. First Name: Connie CitY: Fayetteville Middle Name County: Washington Last Name Edmonston Slate: Arkansas Zip Code 72701 Suffix: Country: United States Email: cedmonston@ci.fayetteville.ar.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) Fax Number (give area code) 71 - 6018462 (479) 444-3471 (479) 521-7714 8. TYPE OF APPLICATION: If Revision, enter appropriate (See back of form for E New letter(s) description of ❑ Continuation in box(es) letters.)n 0 Revision i u 7. TYPE OF APPLICANT: (See B..Municipal Other (specify) back of form for Application Types) Other (specify) t NAME National OF FEDERAL AGENCY: Park Service -U S Department of the Interior 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER. 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: Outdoor Recreation 15 — 916 Park Improvements to Sweetbriar Park, Bryce Davis TITLE (Name of Program): Development & Planning Park and Gulley Park in Fayetteville, Arkansas. 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Fayetteville, Washington County, Arkansas 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: Ending Date: a. ApplicantThird (3 d) b. Project Third (3rd) 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 0.00 a. Yes. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ 0.00 PROCESS FOR REVIEW ON c. State $ 125,000.00 DATE: d. Local $ 127,000.00 b. No. 0 PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $OR 0.00 PROGRAM HAS NOT BEEN SELECTED BY STATE ❑ FOR REVIEW f. Program Income $ 0.00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 252,000.00 0 Yes If Wes" attach an explanation. ® No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPUCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Mr First Name Dan 'Middle Name Last Name Coody Suffix b. Title MayyCity. of F ettevlll a ele hone Number (give area code) c. 111,9175e7 (419) 575.8330 d. Signature • • yI' • d t , e e. Date Signed August 24, 2006 Previous E•`'• Usable al lhnrivnA fnr 1 oral RanmAuHinn Standard Form 424 Prescribed by OMB Circular (Rev.9-2003) A-102 INSTRUCTIONS FOR THE SF -424 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre -applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. 1. Select Type of Submission. 2. Date application submitted to State Agency 3. State use only. 4. Leave Blank. 5. Enter legal name of applicant, enter the organization's DUNS number if known, enter the complete address of the applicant (including county), and name, telephone number, e-mail & fax of the person to contact on matters related to this application. 6. Enter Employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. Select the appropriate letter in the space provided. A. State B. County C. Municipal D. Township H. Independent School District 8. Already Completed 9. Leave Blank 10. Already Completed 11. Enter a brief descriptive title of the project. • 12. List the political entities affected (e.g., State, County, City). 13. Leave Blank 14. List the applicant's Congressional District and the Congressional District where the project is located. 15. In the Federal blank show the amount of grant funds you are requesting. In the Applicant blank show the amount of matching funds you have. In the Total blank show the total of the above two amounts. The grant funds requested cannot exceed the amount of the matching funds. 16 Enter the date the application was sent to the Arkansas State Clearinghouse for review. 17. This question applies to the applicant organization, not the person who signs as the Chief Executive Office of the City or County. Categories of debt include delinquent audit disallowances, loans and taxes. 18. To be signed by the Chief Executive Officer (Mayor or County Judge) for the City of County. Enter title of Chief Executive Officer, telephone number, and date signed. If this is a joint application with a School District, the School Superintendent must also sign. SF -424 (Rev. 7-97) Back Recreation Priorities Applicant Name: Parks and Recreation Division, City of Fayetteville Method of Identifying Needs: Regularly scheduling and conducting public meetings and hearings; implementing surveys; and maintaining close contact with minorities community wide. Following adopted master plan priorities and recommendations from Fayetteville Parks and Recreation Master Plan adopted by Parks and Recreation Advisory Board on April 26, 2001, approved by Fayetteville Planning Commission November 26, 2001 and Fayetteville City Council on February 19, 2002. Up -to -Date Recreation Plan Enclosed? Yes X No Date Plan Adopted/ Prepared by City/County: City Council Approved February 19, 2002 Does this plan follow the format in the application guide? X Yes No Priorities as Established in Public Hearings: Short Range (0-5 years) in priority order: 1 Acquire and develop neighborhood parks. 2 Develop a city-wide trails and greenways network according to the Trail Master Plan adopted July 2003. 3 Acquire land and complete initial development of a community park. 4 Increase park safety and accessibility. 5 Preserve open space as natural areas. Long Range (5+ years) in priority order: 1 Acquire green space and linear parks for future trails in relation to the Trails Master Plan adopted July 2003. 2 Develop park amenities such as playgrounds, tennis courts, picnic areas, pavilions and other identified amenity shortages as recommended by the Parks Master Plan. 3 Improve and implement a park signage uniform standard city-wide. 4 Provide additional programs and special events to citizens as recommended by the Parks Master Plan adopted in 2002. 5 Expand Administrative Office to accommodatk fltaff add fins. SIGNATURE OF CHIEF EXECUTIVE OFFICER: Date: 8/24/06 me 1 • OMB Approval No. 0348-0042 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3, Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property aquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 68-352) which prohibits discrimination on the basis of race color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation :Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424D (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 11. 12. 13 Will comply, or has already complied, with the requirements of Titles 11 and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of .1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Will comply as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514;•(b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (9 conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h). protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements.of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF • HORIZEDRTIFYING OFFICIAL / / TITLE .' /(7 tr APPLICAN ORGANIZATIO DATE SUBMITTED Cri O{`' a yeek7/11 R g-021/-0‘ SF -424D (Rev. 7-97) Back • 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 or use this form for certification and sign. (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 - Altemate 1. (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 (1) CHECK © IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE. 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 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 13: 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. D1-2010 June 1995 This form replaces D1-1953, DI -1954 DI -1955, DI -1956, and D1-1963 PART C: Certification Regarding Drug -Free Workplace Requirements CHECK © IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Gran ees 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 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 — • (I) 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 site(s for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. PART D: Certification Regarding Drug -Free Workplace Requirements CHECK X IF THIS CERTIFICATION IS FOR AN APPLICANT WHO ISAN 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. DI -2010 June 1995 (This form replaces. DI -1953. D1-1954. D1-1955, DI -1956 and DI -1963) PART E: Certification Regarding Lobbying Certification for Contracts Grants, Loans, and Cooperative Agreements CHECK'S] 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 GRANTOR COOPERATIVE AGREEMENT. CHECK U 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 sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients 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 1 11/ AUTHORIZED CERTI' . 1 G OFFICIAL Dan Coocl y TYPED NAME AND TITLE DATE Fayeifevi lie Mayor DI -2010 June 1995 (This form replaces. DI -1953. D1-1954. D1-1955, D1-1956 and DI -1963) U. S. DEPARTMENT OF THE INTERIOR CIVIL RIGHTS ASSURANCE As the authorized representative of the applicant, I certify that the applicant agrees that, as a condition to receiving any Federal financial 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 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 1073, 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.0 601 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 benefited 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 penod dunng which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the applicant for the penod 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 applicants 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 States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and sub -recipients and the person whose signature appears below who is authorized to sign this assurance on behalf the Applicant. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Mayor, Ci 4y of hzye 9eviik APPLICANT/ORGANIZATION C//y o fFt;ye 7ev///a) fq- R APPLICANT/ORGANIZATION MAILING ADDRESS 113 WestMountain, F yeRcu//b,,;%R DATE SUBMITTED 3 - Q Y-tL BUR gi OR OFF E EXTE DING ASSISTANCE DI -1350 (REV. 6/91) • 4 Flood Hazard Certification - Sweetbrier Park Check the appropriate answer. If the Federal Insurance Administration has issued a flood hazard boundary map or a flood insurance rate map that covers the project area, flood insurance will be required for insurable facilities located within the area. (The Outdoor Recreation Grants Program office has copies of most of these maps). Certain types of recreation facilities may be constructed in flood hazard areas without the need for insurance. A list of these facilities may be obtained from the Department of Parks and Tourism's Outdoor Recreation Grants Program office. Is the project located in a flood hazard area for which the Federal Insurance administration has issued a flood hazard boundary map? ❑ Yes ❑ No I certify that the city or county will provide flood insurance or that the city or county is self insured and liable f. the full replacement of facilities constructed in the project area. - AA Chief xecutive Officer Project Fund Source Assurance August 24, 2006 Date: Each catagory must be completed even if item is $0.00 CASH Includes: $ 0.00 A. General appropriation or cash from another source B. Donated land (estimated value) C. Force account labor D. City or County equipment use VOLUNTEER $ 0.00 Includes: A. Donated labor B. Donated materials C. Donated equipment use August 24, 2006 Chief Executive Officer Date: ORGP FS 1999 Flood Hazard Certification - Gulley Park Check the appropriate answer. If the Federal Insurance Administration has issued a flood hazard boundary map or a flood insurance rate map that covers the project area, flood insurance will be required for insurable facilities located within the area. (The Outdoor,Recreation Grants Program office has copies of most of these maps). Certain types of recreation facilities may be constructed in flood hazard areas without the need for insurance. A list of these facilities may be obtained from the Department of Parks and Tourism's Outdoor Recreation Grants Program office. Is the project located in a flood hazard area for which the Federal Insurance administration has issued a flood hazard boundary map? 0 Yes 0 No I certify that the city or county will provide flood insurance or that the city or county is self insured and liable for the full replacement of facilities constructed in the project area. Chief Executive Officer Project Fund Source Assurance August 24, 2006 Date: Each catagory must be completed even if item is $0.00 CASH $ Includes: A. General appropriation or cash from another source B. Donated land (estimated value) 0.00 C. Force account labor D. City or County equipment use VOLUNTEER - - $ 0.00 Includes: A. Donated labor B. Donated materials C. Donated equipment use August 24, 2006 Chief Executive Officer Date: • ORGP FS 1999 • Flood Hazard Certification - BryCe Davis Park Check the appropriate answer. If the Federal Insurance Administration has issued a flood hazard boundary map or a flood insurance rate map that covers the project area, flood insurance will be required for insurable facilities located within the area. (The Outdoor Recreation Grants Program office has copies of most of these maps). Certain types of recreation facilities may be constructed In flood hazard areas without the need for insurance. A list of these facilities may be obtained from the Department of Parks and Tourism's Outdoor Recreation Grants Program office. Is the project located in a flood hazard area for which the Federal Insurance administration has issued a flood hazard boundary map? ❑ Yes ❑ No I certify that the city or county will provide flood insurance or that the city or county is self insured and liable for the full replacement Ad of facilities constructed in the project area. e(.4- August 24, 2006 Chief Executive Officer Date: e Project Fund Source Assurance Each catagory must be completed even if item is $0.00 CASH $ 0.00 Includes: A. General appropriation or cash from another source B. Donated land (estimated value) C. Force account labor D. City or County equipment use VOLUNTEER $ 0.00 Includes: • A. Donated labor B. Donated materials C Donated equipment use S August 24, 2006 Chief Executive Officer Date: ORGP FS 1999 Flood Hazard Certification - Sweetbrier Park Check the appropriate answer. If the Federal Insurance Ai boundary map or a flood insurance rate map that covers Il . required for insurable facilities located within the area. (Thi office has copies of most of these maps). Certain types oh , l s1/4_) in flood hazard areas without the need for insurance. A Iis1 the Department of Parks and Tourism's Outdoor Recreatit n Is the project located in a flood hazard area for which the I issued a flood hazard boundary map? t Yes D 1 certify that the city or county will provide flood insurance and liable frthe full replacement of facilities constructed in the project area. Chief 'xecutive Officer Project Fund Source Assurance • August 24,2006 Date: Each catagory must be completed even if item is $0.00 CASH Includes: $ 0.00 A. General appropriation or cash from another source B. Donated land (estimated value) C. Force account labor D. City or County equipment use VOLUNTEER $ 0.00 Includes: A. Donated labor B. Donated materials C. Dom equipment use -L C ief Executive Officer August 24, 2006 Date: ORGP FS 1999 Flood Hazard Certification - Bryce Davis Park Check the appropriate answer. If the Federal Insurance Administration has Issued a flood hazard boundary map or a flood insurance rate map that covers the project area, flood insurance will be required for insurable facilities located within the area. (The Outdoor Recreation Grants Program office has copies of most of these maps). Certain types of recreation facilities may be constructed In flood hazard areas without the need for insurance. A list of these facilities may be obtained from the Department of Parks and Tourism's Outdoor Recreation Grants Program office. Is the project located in a flood hazard area for hich the Federal Insurance administration has issued a flood hazard boundary map? tYes ❑ No I certify that the city or county will provide flood 'nsurance or that the city or county is self insured and liable for the full replacement of facilities constructed in the project area. Chief Executive Officer Project Fund Source Assurance August 24, 2006 Date: Each catagory must be completed even if item is $0.00 CASH Includes: A. General appropriation or cash from another source B. Donated land (estimated value) C. Force account labor D. City or County equipment use VOLUNTEER Includes: A. Donated labor 8. Donated materials C. Do: ted equipment use • Chief Executive $ 0.00 0.00 August 24, 2006 Date: ORGP FS 1999 4 Flood Hazard Certification - Gulley Park Check the appropriate answer. If the Federal Insurance Administration has issued a flood hazard boundary map or a flood insurance rate map that covers the project area, flood insurance will be required for insurable facilities located within the area. (The Outdoor Recreation Grants Program office has copies.of most of these maps). Certain types of recreation facilities may be constructed in flood hazard areas without the need for insurance. A list of these facilities maybe obtained from the Department of Parks and Tourism's Outdoor Recreation Grants Program office. Is the project located in a flood hazard area for which the Federal Insurance administration has issued a flood hazard boundary map?. NJ Yes 0 No I certify that the city or county will provide flood insurance or that the city or county is self insured and liable for the full replacement of facilities constructed in the project area. • Chief Executive Officer Project Fund Source Assurance August 24, 2006 Date: Each category must be completed even if item is $0.00 CASH Includes: A. General appropriation or cash from another source B. Donated land (estimated value) C. Force account labor D. City or County equipment use VOLUNTEER Includes: A. Donated labor B. Donated materials C. Doned equipment use Chief Executive Officer $ 0.00 0.00 August 24, 2006 Date: ORGP FS 1999 • David Wright/Connie Ethnon ton Parks and Recreation City of Fayetteville Staff Review Form City Council Agenda Items Contracts 1 -Aug -06 City Council Meeting Date Submitted By Division Action Required: les tit RA nn /c9-77 &Sr/s fest 1- 4pftct4 {fll Operations Department Resolution approving Parks and Recreation to submit an Outdoor Recreation Grant to the Arkansas Department of Parks and Tourism, in an amount not toliceed $125,000. nb f 7a 'PXC 2;i '$J ZS, ono Cost of this request Z250- so - rS'ROG ,no aS Account Number Aoinerous fpr 1s fair Project Number Budgeted Item n/a Category/Project Budget n/a Funds Used to Date n/a Remaining Balance Budget Adjustment Attached n/a Program Category / Project Name n/a Program / Project Category Name n/a Fund Name Dep ment Di ector Date ` IMC City Attorney Financ and Internal Service Director r ayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS To: Mayor Coody and City Council Thru: Gary Dumas, Director of Operations Connie Edmonston, Parks and Recreation Director FROM: David Wnght, Recreation SuperintendentP� DATE: July 13, 2006 SUBJECT: Resolution to apply for Arkansas Outdoor Grant Program • Background The Land and Water Conservation Fund (LWCF) is a federal program with funds derived from the sale of federal surplus real estate property, federal motor boat fuel tax, and Outer Continental Shelf mineral receipts. The Arkansas Natural and Cultural Resources Grant and Trust Fund (NCRGTF) is a state program with funds collected from a tax on the transfer of certain real estate in the State of Arkansas. LWCF and NCRGTF funds are included in the Department of Parks and Tourism's Outdoor Recreation Grants Program for funding outdoor recreation facilities. Only incorporated cities and counties may apply. This is a 50/50 reimbursable matching grant with a $250,000 maximum request on matching funds. Last year, Arkansas Parks and Tourism awarded our City with $115,128 for construction of The Botanical Garden of the Ozarks at Lake Fayetteville. In 2004, the City of Fayetteville was awarded $40,000 for construction of Braden Park. In 2002, the City of Fayetteville received $100,000 for construction of Grinders Skate Park at Walker Park. This year's grant deadline is August 27, 2006. A resolution from the City of Fayetteville is required to apply for the grant. Current Status On, June 19th and June 20th public meetings were held at Sweetbriar Park and Bryce Davis Park to gather input from the public of their recreational desires and to prioritize an eligible grant project. An outreach to groups such as ethnic minority populations, the elderly and persons with disabilities was attained through group, meetings. It was determined after obtaining public input that a grant for improvements to each of these parks be submitted. Improvements to Sweetbriar Park will include removal of outdated play equipment, installation of ADA accessible play equipment and picnic area. Bryce Davis Park will have the outdated play equipment removed and ADA accessible play equipment installed as well as a basketball court. Improvements to Gulley Park, which will also be included in the request, consist of replacement of the existing pea gravel play surface with an ADA approved soft surface tile. On July 10th, Parks and Recreation Advisory Board endorsed the decision from the public meetings, recommending to City Council that the Parks and Recreation Division complete the grant application. The grant application must include detailed budgets, plans, specifications and bid documents that are ready for immediate bid and construction The planned improvements for all three parks are completely ADA accessible. The grant also asks the applicant to specify how the funding meets the needs of the community. These improvements will provide for a safer play area as well as ADA accessible equipment for all citizens, which was a request in the Parks and Recreation Ten Year Master Plan. Improving and upgrading the facilities at these parks will achieve these goals. This grant contains twelve (12) obligations covering everything from compliance of the Amencans for Disabilities Act to property retained in perpetuity for outdoor recreation use. The land and the project our department would like to apply for grant funds each meet these obligations. Section 6(0(3) of the LWCF Act states "No property acquired or developed with assistance under this section shall, without the approval of the Secretary of the United States Department of the Interior, be converted to other than public outdoor recreation use. The Secretary shall approve such conversion only if he/she finds it to be in accordance with the then existing Statewide Comprehensive Outdoor Recreation Plan (SCORP) and only upon such conditions as he/she deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonable equivalent usefulness and location." If this property must ever be used for anything other than recreational use, it is possible to convert the park boundary. Currently, Bryce Davis and Gulley Parks are already contained within a LWCF / Arkansas State Parks Outdoor Recreation Park boundary. Recommendation Parks and Recreation requests City Council approval of a resolution to authorize the City, to apply for up to $250,000 from the Arkansas Parks and Tourism Outdoor Recreation Grant Program for the new Botanical Gardens site at Lake Fayetteville. ATTACHMENTS Public Meeting Minutes June 19, 2006 Public Meeting Minutes June 20, 2006 PRAB Meeting Minutes July 10, 2006 Conditions of Arkansas Outdoor Recreation Grant Press Release/Newspaper Articles Sample Resolution RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO APPLY FOR AN ARKANSAS PARKS AND TOURISM OUTDOOR RECREATION GRANT IN AN AMOUNT NOT TO EXCEED $125,000.00 FOR IMPROVEMENTS TO SWEETBRIAR PARK, BRYCE DAVIS PARK AND GULLEY PARK. WHEREAS, the City of Fayetteville, Arkansas seeks to improve recreation facilities and wishes to seek grant funding assistance; and, WHEREAS, in order to obtain the funds necessary to develop and/or improve the site for such a recreation area, it is necessary to obtain a 50/50 Matching Grant from the Arkansas Department of Parks and Tourism's Outdoor Recreation Grant Program; and, WHEREAS, the City Council of the City of Fayetteville, Arkansas understands the grantee and grantor will enter into a binding agreement which obligates both parties to the policies and procedures contained in the Land and Water Conservation Fund Grants Manual including, but not limited to the following: the park area defined by the project boundary map, submitted in the application, must remain in outdoor recreation use in perpetuity, regardless if the property is bought or developed with matching grant funds and; all present and future overhead utility lines within the project boundary must be routed away or placed underground and; the project area must remain open and available for use by the public at all reasonable times of the day and year; facilities can be reserved for special events, league play, etc. but cannot be reserved, leased, or assigned for exclusive use, and; the project area must be kept clean, maintained, and operated in a safe and healthful manner. The City Council of the City of Fayetteville Arkansas is well aware and apprised of the above-mentioned project, and will provide the local portion of the development cost of the entire project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas [heieliyk,'a ithori s the Mayor to make application to the Arkansas Department of Parks andFTour for.as istance, in an amount not to exceed $125,000.00, for improvements to Sweet artP ,Y,t? rycelDa#vis Park and Gulley Park Therefore, such application shall be submittedwas exfpediently as possib e. A� PASSED and APPROVED this 1st °aX of August9/006. PPROVED: NDRAt-9Mgietteitity Clerk D "AN GOODY, Mayor