HomeMy WebLinkAbout09449RESOLUTION NO. 9449
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE UNITED STATES DEPARTMENT OF THE INTERIOR,
NATIONAL PARK SERVICE AND THE SUBMITTAL OF A FINAL GRANT APPLICATION TO THE
NATIONAL PARK SERVICE, URBAN PARK AND RECREATION RECOVERY PROGRAM FOR
PARK REHABILITATION AT FAIRMOUNT PARK, AND AUTHORIZING THE PRESIDENT OF
THE COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo has received a grant from the United States Department of
the Interior, National Park Service Urban Park and Recreation Recovery Program to fund park
rehabilitation at Fairmount Park, subject to the execution of a grant agreement and submittal of a
final grant application; and
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The agreement between the City of Pueblo, a Municipal Corporation, and the United States
Department of the Interior, National Park Service, for the rehabilitation of Fairmount Park, a copy of
which is attached hereto (except a copy of the City's complete grant application which is on file in
the office of the City Clerk) having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2
President of the City Council is hereby authorized to execute and deliver the said
agreement and the final grant application in the name of the City of Pueblo, a Municipal
Corporation.
SECTION 3
Funds in the amount of $36,000, from the City's 2002 Conservation Trust Funds, have been
appropriated in the FY2002 budget to meet the City of Pueblo's financial obligations of the
Contract.
INTRODUCED December 10, 2001
BY Rich Golenda
Councilperson
APPROVED.
President o ouncil
ATTEST:
f�tyerk
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 7
DATE: DECEMBER 10, 2001
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT/ JIM MUNCH
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNCIPAL CORPORATION, AND THE UNITED STATES
DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE AND THE
SUBMITTAL OF A FINAL GRANT APPLICATION TO THE NATIONAL PARK
SERVICE, URBAN PARK AND RECREATION RECOVERY PROGRAM FOR
PARK REHABILITATION AT FAIRMOUNT PARK, AND AUTHORIZING THE
PRESIDENT OF THE COUNCIL TO EXECUTE SAME
ISSUE
1. Should the City of Pueblo approve a grant contract with the National Park
Service to utilize $204,000 of Urban Park and Recreation Recovery funds for
the rehabilitation of Fairmount Park?
2. Should the City of Pueblo submit a final grant application in the amount of
$240,000 that includes $204,000 of federal funds and $36,000 of local
matching funds to the National Park Service Urban Park and Recreation
Recovery Program for the rehabilitation of Fairmount Park?
RECOMMENDATION
Approval of the grant contract with the National Park Service and submittal of a final
grant application to the National Park Service Urban Park and Recreation Recovery
Program for the rehabilitation of Fairmount Park in the amount of $240,000 which
includes providing $36,000 in local matching funds from the City's Conservation Trust
Fund in FY2002 subject to funds being available and appropriated by City Council.
BACKGROUND
The National Park Service has given preliminary approval of the City's grant application
for the rehabilitation of Fairmount Park through the Urban Park and Recreation Recovery
Program. The Parks Department has recommended that a grant application be prepared
for the rehabilitation of Fairmount Park. The preliminary grant approval is one of only
two projects that have been designated for funding in Colorado in FY2002. The
improvements would include the following:
1. Upgrading of the irrigation system.
2. Restoration of three acres of turf grass and the renovation of the remaining five
acres of turf grass.
3. Construction of a new park shelter. A park shelter was removed over ten years
ago due to deteriorating condition.
4. Drainage improvements in the park
5. Plant new trees and shrubs.
6. Install a new playground structure in the park.
7. Replace sidewalk along the perimeter of the park.
Fairmount Park, established in 1882, is one of the oldest parks in the City. At one time
the park had over 200 trees and shrubs, a picnic shelter /restroom facility. In the past 50
years 75% of the trees and shrubs have been lost due to the high water table in the park
and the development of open sports fields and court areas. This rehabilitation project
would re- establish new trees and shrubs and upgrade the condition of the turf grass areas
in the park, as well as once again provide a park shelter. The improvements would bring
back into service approximately three acres of the park that is not being used by the
public due to its current condition.
In order to be eligible for funding through the Urban Park and Recreation Recovery
Program, the City is required to file a letter recertifying our Recreation Action Plan (see
attached letter). The plan which covered a five -year period was approved and submitted
to the National Park Service in 1994. Plans that have expired since 1995 are required by
the National Park Service to be recertified by the local entity in order to remain eligible
for UPARR funds.
FINANCIAL IMPACT
The City of Pueblo would be required to provide 15% matching funds from the FY2002
Conservation Trust Fund in the amount of $36,000 for the improvements at Fairmount
Park. The construction contracts for the project will need to comply with Federal
procurement regulations including the Davis -Bacon requirements, along with
Architectural Barriers Act of 1968. The agreement requires the property to remain as a
public park facility into perpetuity, with the conditions and stipulations of 35, CFR
Chapter I, Part 72.
Al Gurule p
President
ED
Ted Lopez, Jr.
Vice President
City of Pueblo
OFFICE OF THE CITY COUNCIL
Regional Director
Midwest Regional Office
Partnerships Program
National Park Service
1709 Jackson Street
Omaha, NE 68102 -2571
Dear Regional Director:
Patrick Avalos
Rich Golenda
Corinne Koehler
Bob Schilling
Dr. Bill Sova
The City of Pueblo, Colorado is pleased to submit this final application for a grant under
the Urban Park and Recreation Recovery (UPARR) program. I hereby certify and assure
the following:
1. In this grant round we are applying for a Rehabilitation grant with a UPARR
share of $204,000.
2. I certify that the City of Pueblo will comply with all NPS requirements for
UPARR grants.
3. The source of the jurisdiction's matching share will be from Conservation
Trust Funds received from the State of Colorado in the form of cash.
4. The type of control and tenure the City of Pueblo holds on the facility to be
assisted is title in fee simple.
5. I assure that the project will begin within one year of grant award and be
concluded within three years.
Sincerely.
A
Albert L. Gurule
City Council President
Enclosures: One original and one copy of the final application
One City Hall Place Pueblo, Colorado 81003 (719) 584 -0800 FAX (719) 584 -0850
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
URBAN PARK AND RECREATION RECOVERY PROGRAM GRANT
REHABILITATION AND INNOVATION AGREEMENT
Applicant Name :Grant Number
City of Pueblo 08 -CTY- 2050 -01 -01
Administering Agency
City of Pueblo
Grant Title
Fairmount Park Rehabilitation
[ X] Rehabilitation [ ] Innovation [X] EIigible [ ] Discretionary
Grant Expiration Date
February 28, 2005.
Proposal Scope (description of proposal on individual site or project basis, with identification of
Each site)
See Proposal Description Statemeut:
The Fairmount Park Rehabilitation Project consists of the installation of
a park shelter with a concrete walkway from the parking lot, replacing an
existing playground structure, the replacement of 25 -year old irrigation
system, and renovation of grass areas, planting of trees and improving
drainage in the deteriorated areas of the park.
Grant Cost: The following are hereby
Incorporated into this agreement:
Total cost S 240; 000 1. General Provisions
UPARR request _ 9 /670
State Match _-o/ 1. 5
Local Match —° /0.1
Other —=- 0 /0--
Appropriation: —.FY—
__FY
S 1.68,0_00
S _36,000
S 36,000
S
S
S
2. UPARR Grants Manual (NPS -37)
3. Project Application and Attachments
4. OMB Circular A -102
5. Title 43, Code of Federal Regulations
6. 36 CFR Chapter I, Part 72
7.
PIPS 10 -912 (March 1995) Page 1 of 2
Grant Agreement No: 6 V - eTY- ,5-0- 0/ - 0/
The United States of America, represented by the Director, National Park Service, United States
Department of the Interior, and the Grants Recipient above (hereinafter referred to as the Grantee),
mutually agree to perform this agreement in accordance with Title X, Urban Park and Recreation Recovery
Program, 16 USC 2501, 92 Stat. 3538 (1978), and with the terms, promises, conditions, plans,
specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby
made a part hereof.
The United States hereby promises, in consideration of the promises made by the Grantee herein, to
obligate to the grantee the amount of money referred to above, and to tender to the Grantee that portion of
the obligation which is required to pay the United States' share of the costs of the above Grant based upon
the above percentage of assistance. The Grantee hereby promises, in consideration of the promises made by
the United States herein, to execute the Grant described above in accordance with the terms of this
agreement.
The following special Grant terms and conditions were added to this agreement before it was signed by the
parties hereto:
In witness whereof, the parties hereto have executed this agreement as of the date entered below.
THE UNr= OF AMERICA GRANTEE
BY Ci2 of to
(Gov ent Name)
CHIEF, PARTNERSHIP
_ _(Title)
—N ational Park Service
dt S O L-
-(D )
\&Ibert L. Gurule
_(Name)
City Council President
_(Title)
NPS 10 -912 (March 1995) Page 2 of 2
URBAN PARK AND RECREATION RECOVERY
PROJECT AGREEMENT GENERAL PROVISIONS
Part I - De finitions
A. The term "NPS" as used herein means the National Park Service, United States Department of the Interior.
B. The term " UPARR" as used herein means the "Urban Park and Recreation Recovery" program.
C. The term "Director" as used herein means the Director of the National Park Service, or any representative
lawfully delegated the authority to act for the Director.
D. The term "Manual" as used herein means the Urban Park and Recreation Recovery Program
Administration Guideline, NPS -37.
E. The term "grant" as used herein means the act of providing a specific sum of money to execute and
administer a specific project or projects consistent with the terms of a signed agreement; also the amount of
money requested or awarded.
F. The term "grantee" or "participant" or "sponsor" as used herein means the general purpose local
government receiving a UPARR grant for its given use, or for authorized pass - through to another
appropriate public or private non-profit agency.
G. The term "pass - through" as used herein means the transfer of funds at the discretion of the applicant
jurisdiction, to independent, general or special purpose local governments, private non -profit agencies
(including incorporated community or neighborhood groups), or county or regional park authorities, who
offer recreation opportunities to the general population within the jurisdictional boundaries of an eligible
applicant.
H. The term "special purpose local government" as used herein means any local or other limited political
subdivision of a State, including, but not limited to park authorities, park, conservation, water or sanitary
districts, and school districts.
I. The term "private non -profit agency" as used herein means a community- based, non -profit organization,
corporation, or association . organized for purposes of providing recreational, conservation and/or
educational services directly to urban residents; either on a neighborhood or community-wide basis,
through voluntary donations, voluntary labor, or public or private grants.
J. The term "project" as used herein means a single site - specific area or service- specific program proposed or
approved for funding.
K. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully
delegated the authority to act for the Secretary.
Part H - Continuing Assur ances
The parties to the project agreement specifically recognize that grant assistance from the UPARR program creates
an obligation to maintain the property prescribed in the project agreement consistent with the UPARR Act of 1978
(Public Law 95 -625) and the following requirements.
A. The grantee 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 grant agreement, upon any
subgrantee to which funds are transferred pursuant to the grant agreement. The grantee also agrees that
it shall be responsible for compliance with the terms of the grant agreement by such a special purpose
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local government or private non -profit agency and that failure by such government or private agency to
so comply shall be deemed a failure by the grantee to comply with the terms of this agreement.
B. The grantee agrees that the property described in the project agreement and the dated project boundary
map made part of the agreement is being rehabilitated or developed with UPARR assistance, or is
integral to such rehabilitation or development, and that without the approval of NPS, it shall not be
converted to other than public recreation use but shall be maintained in public recreation in perpetuity or
for the term of the lease in the case of leased property. The Director shall approve such conversion only
if it is found to be in accord with the then existing Recovery Action Program and only upon such
conditions deemed necessary to assure the substitution of other recreation properties of reasonably
equivalent usefulness and location. This replacement land becomes subject to Section 1010 protection of
the UPARR Act. The approval of a conversion shall be at the sole discretion of the Director, or his
designee. Prior to the completion of this project, the grantee and the Director may mutually alter the
area described in the grant agreement and the dated project boundary map to provide the most
satisfactory public recreation area.
In the event that NPS provides UPARR assistance for the rehabilitation or development of property
subject to reversionary interests with full knowledge of those reversionary interests, conversion of said
property to other than public recreation uses as a result of such reversionary interest being exercised is
approved. In receipt of this approval, the grantee agrees to notify NPS 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 grantee further agrees to effectuate such replacement within a reasonable period of time,
acceptable to the Director, after the conversion of property takes place. The provisions of this paragraph
are also applicable to all leased properties rehabilitated or developed with UPARR assistance.
C. The grantee agrees that the benefit to be derived by the United States from the full compliance by the
grantee with the terms of this agreement is the preservation, protection, and the net increase in the quality
of public recreation facilities and resources which are available to the people of the grantee's jurisdiction
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 grantee agrees that the payment by the grantee 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 grantee of this agreement. The grantee further agrees, therefore,
that the appropriate remedy in the event of a breach by the grantee of this agreement shall be the specific
performance of this agreement.
D. The grantee agrees that the property and facilities described in the project agreement shall be operated
and maintained as prescribed in 36 CFR 72.72(a).
E. The grantee agrees that a permanent record shall be kept in its public property records and available for
public inspection to the effect that the property described in the scope of the project agreement, and the
dated project boundary map made part of that agreement, has been rehabilitated or developed with
UPARR assistance and that it cannot be converted to other than public recreation use without the written
approval of the Director.
F. Nondiscrimination
1. By signing the UPARR Agreement, the grantee certifies that it will comply with all Federal laws
relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Part HI -I herein.
2. The grantee shall not discriminate against any person on the basis of residence, except to the extent
that reasonable difference in admission of other fees may be maintained on the basis of residence as
set forth in the regulations.
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Part III - Proiect Assurances
A. Applicable Federal Circulars
The grantee shall comply with applicable regulations, policies, guidelines and requirements including
OMB 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), and OMB Circular A-87 (Cost Principles for State and
Local Governments), and A -133 (Audits of States, Local Governments, and Non -Profit Organizations) as
they relate to the application, acceptance and use of Federal. funds for this Federally assisted project.
B. Proiect 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 grantee possesses legal authority to apply for the grant, and to finance and carry out all the
actions described in this grant agreement. 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. grantee to act in connection with the application and to provide such
additional information as may be required.
3. The grantee has the ability and intention to finance to non - Federal share of the costs for the
project. Sufficient funds will be available to assure effective operation and maintenance of the
facilities rehabilitated or developed and /or services provided through assistance of this grant.
C. Proiect Execution
The grant 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 grant
period unless the project is completed or terminated sooner in which event the grant shall end on
the date of completion or termination.
2. The grantee shall transfer such funds as identified in the application for any pass- through project
sponsor to that sponsor.
3. The grantee will cause work on the project to be commenced within a reasonable time after
receipt of notification that the grant has been approved, and funds obligated, or the grant may be
terminated by NPS. The grantee will assure that the project or projects covered by this grant
will be prosecuted to completion with reasonable diligence.
4. The grantee 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).
5. The grantee 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 grant agreement cannot be completed in accordance with
the plans and specifications for the project; the grantee, at the discretion of the Director, shall
bring the project to a point of recreational usefulness agreed upon by the grantee and the
Director or his designee.
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7. The grantee 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; and will furnish progress reports and such other
information as NPS may require.
8. Where applicable, the grantee will comply with the terms of Title II and Title III, the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91 -646),
94 Stat. 1984 (1970), and shall assure that the Act has been complied with for property to be
developed and with assistance under the project agreement.
9. The grantee will comply with the provisions of: Executive Order 11988, related to evaluation of
flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of
water pollution, and Executive Order 11990 relating to the protection of wetlands.
10. The grantee will comply with the flood insurance purchase requirements of Section 102(x) of the
Flood Disaster Protection Act of 1973, Public Uw 93 -234, (87 Stat. 975, approved December
31, 1976. Section 102(a) requires on or after March 2, 1975, 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 grantee 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 communications 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 grantee agrees to comply with all applicable standards, orders, or regulations
issued p ursuan t to the Clean Air Act of 1970.. The grantee further agrees to insert this clause
into any contract or subcontract in excess of $100,000.
12. The grantee 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
Archeological and Historic Preservation Act of 1966 .(16 U.S.C. 469a -1 et seq.) by (a)
consulting with the State Historic Preservation Officer on the conduct of investigations, as
necessary, to identify properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to effects (36 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.
D Construction Contracted for by the Grantee Shall Meet the Following Requirements
Contracts for construction shall comply with the provisions of 43 CFR Part 12, Subpart C
(Uniform Administrative Requirements for Grants and Cooperative Agreements with State and
Local Governments).
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 UPARR agreement, the grantee certifies that it will comply with debarment and
suspension provisions appearing at Part III -J herein.
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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 must be specified in any announcement of the
awarding of a contract.
E. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to
this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years;
except the records shall be retained beyond the three -year period if audit findings have not been
resolved.
2. The retention period starts from the date of the final expenditure report for the project or the
consolidated project element.
3. 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 grantee and its subgrantees which are pertinent to a specific project for the purpose of
making audit, examination, excerpts and transcripts.
F. Proiect Termination
The Director may temporarily suspend Federal assistance under the project pending corrective
action by the grantee or pending a decision to terminate the grant by NPS.
2. The grantee may unilaterally terminate the grant at any time prior to the first payment. After the
initial payment, the project may be terminated, modified, or amended by the grantee and NPS
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 grantee, in writing, of the determination and
the reasons for the termination, together with the effective date. Payments made to grantees or
recoveries by NPS under grants terminated for cause shall be in accord with the legal rights and
liabilities of the parties.
4. The Director or grantee 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 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. NPS may allow full credit to the grantee for the Federal share of the noncancelable
obligations, properly incurred by the grantee prior to termination.
S. 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 grantee and the Director or that all funds
provided by the National Park Service be returned.
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G. Lobbying with Appropriated Funds
The grantee 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 grantee, 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
grantee certifies, as follows:
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence and officer or employee or 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 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, 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 subrecipiems shall certify accordingly.
This certification is a material representation of fad upon which reliance was placed when this transaction was
made or entered into. Submission of this cert fication 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 failure.
H. Provision of a Drug -Free Workplace
In compliance with the Drug -Free Workplace Act, of 1988 (43 CFR Part 12, Subpart D), the grantee 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 or 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);
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(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) Noting 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 much provide notice, including position title, to every grant o f ficer 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;
0 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 `ort to continue to maintain a drug free workplace through implementation of
paragraphs (a), (b), (c), (d), (e) and (f)-
The grantee much include with its application for assistance a specification of the site(s) for the performance of
work to be done in connection with the grant.
I. Civil Rights Assurance
The grantee 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)
TYtle VI of the Civil Rights Act of 1964 (42 U.S.C. 200d -1), which prohibits discrimination on the basis of race,
color, or national origin; (b) Section 504 of the rehabilitation Act of 1973, as amended (29 U. S. C 794), which
prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U. S C.
6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the
end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be
excluded from participation in, be denied the benefits of, or be otherwise subjeaed to discrimination under any
program or activity conducted by the applicant. =APPLICANT HEREBY GIVES ASSURANCE THAT it will
immediately take any measures necessary to effectuate `ectuate 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, impro ved 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
11/99 7
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 States shall have the right to seek
judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees,
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 Matter; -
Primary Covered T)ransaettons
(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 offence 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, falsfication 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 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 the certification,
such prospective participant shall attach an explanation to this proposal.
The Grantee 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 the Interior Form (DI-
2010) may be used for this purpose.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower TFer 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.
11/99
UPARR PROJECT AGREEMENT INFORMATION
Submitted as part of Grant No. 08 -CTY- 2050 -01 -01
SITE NAME: Fairmount Park Sub. No.
LOCATION: 29 Street & Colfax Street, Pueblo, Colorado
1 1- - n1 11
BOUNDARIES AND STREET LOCATION:
Fairmount Park boundaries consist of 29 Street to the South, Colfax Street to the East,
Franklin Street to the West and Morton Elementary School to the North.
TYPE OF LAND CONTROL: Eee Simple DATE ACQUIRED: May, 1906
SCOPE OF WORK TO BE ACCOMPLISHED THROUGH THIS GRANT (describe in
detail, provide numbers and work elements):
ITEM
DESCRIPTION
ESTIMATED
ESTIIMATED
TOTAL
NO.
QUANTITY
UNIT PRICE
1
SITE PREPARATION
LS
$10,000
$10,000
2
INSTALL DRAINAGE SYSTEM FOR
Approx. 4 acres
$20,000
$20,000
HIGH WATER AREAS
3
PLANT TREES AND SHRUBS
Approx. 65
$400
$26,000
4
INSTALL IRRIGATED TURF —
8 acres
$13,750
$110,000
including turf and irrigation
5
INSTALL PICNIC SHELTER —
1
$24,000
$24,000
approximately 12' x 16' in size
6
INSTALL CONCRETE PATHWAY —
600 ft
$5.00
$3,000
including a 150 if x 4, wide concrete path
7
INSTALL PLAYGROUND
1
$35,000
$35,000
EQUIPMENT — modular play structure
8
INSTALL "SAFETY" SURFACE
Approx.
$10.00
$12,000
UNDER PLAY EQIPMENT — ADA
1,200 ft
accessible
TOTAL
$240,000
ESTIMATED AMOUNT OF UPARR ASSISTANCE FOR THIS PROJECT $204,000
The information contained herein is a part of Agreement No. ry .2-0S- 0/- 0/
and Amendment thereto No.
OMB Approval No. 0348 -0043
f%rrL.mrA i ivm rvm
2. DATE SUBMITTED
Applicant Identifier
FEDERAL ASSISTANCE
June 15, 2001
1. TYPE OF SUBMISSION:
3. DATE RECEIVED BY STATE
State Application Identifier
Application Preapplication
S AT PXEMPT
Construction Construction
4. DATE RECEIVED BY FEDERAL AGENCY
Federal Identifier
❑ Non - Construction ❑ Non - Construction
12/14/01
08 -(-=- 2050 -01 -01
S. APPLICANT INFORMATION
Legal Name: City of Pueblo
Organizational Unit:
Department of Parks and Recreation
Address (give city, county, state, and zip code):
Name and telephone number of the person to be contacted on matters involving
800 Goodnight Avenue
this application (give area code)
Pueblo County
Rich Zajac, Director, Parks & Rec.
Pueblo, CO 81005
6. EMPLOYER IDENTIFICATION NUMBER (EIN):
7. TYPE OF APPLICANT: (enter appropriate letter in box) Ll
1 8 4 — 6 1 0 1 0 0 6 1 5
A. State H. Independent School Dist.
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
6. TYPE OF APPLICATION:
D. Township K. Indian Tribe
® New ❑ Continuation ❑ Revision
E. Interstate L. Individual
F. Intermunicipal M Profit Organization
If Revision, enter appropriate letter(s) in box(es): ❑ 0
G. Special District N. Other (Specify):
A. Increase Award B. Decrease Award C. Increase Duration
O. Decrease Duration Other (specify):
9. NAME OF FEDERAL AGENCY:
National Park Service, Mi&eSt Region
10. CATALOG OF FEDERAL DOMESTIC
ASSISTANCE NUMBER: 9
11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT.
l 5 ■ 9
TITLE: Urban Park and Recreation Recovery
- Fairmount Park Rehabilitation
12. AREAS AFFECTED BY PROJECT (cities, counties, states. etc.):
City of Pueblo, Colorado
13. PROPOSED PROJECT:
14. CONGRESSIONAL DISTRICTS OF:
Start Date
Ending Date
a. Applicant : b. Project
2/15/02
02/28/05
03 03
15. ESTIMATED FUNDING:
16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS?
a. YES.
EXECUTIVE T ORDER PROCESS OR REVIEW B TO THE
ON
a. Federal
= 168,000- 00
STATE 1 372
DATE
b NO. ® PROGRAM IS NOT COVERED BY E.O. 12372
b. Applicant
= 36,000- 00
c. State
s 36,000-00
d. Local
j .00
OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Other
; .00
I. Program Income
S .00
17. IS THE APPLICANT DELINOUENT ON ANY FEDERAL DEBT?
Yes If "Yes," attach an explanation. ® No
g. TOTAL
S .00
240,000
18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION 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. Typed Name of Authorized Representative
b. Title Department of
c. Telephone number
Rich Zajac
Parks & Rec.
(719)566 -1745
d. Signature of Authorized Representative
e. Date Signed
`21
12/13/01
Previous t:aitionS Not USaDld
wanaara rOrm 414 (Hr:V 4 -00)
Prescribed by OMB GirCWar A•102
Authorized for Local Reproduction
ENVIRONMENTAL CERTIFICATION
Based upon a review of the application, proposal narrative, and the
supporting documentation contained in the application, it has been
determined that the proposed action meets the criteria for categorical
exclusion under 516 DM 6, Appendix 7, items F (5)(a -e).
4
National Park Service
z
Dat
REHABILITATION GRANT SELECTION CRITERIA
1) UPARR Investment per Capita:
The population for the City of Pueblo according to the 2000 Bureau of the Census
is 102,121. The relationship of cost to service for this project is $1.65 per person.
Project Cost UPARR Match Federal Share
$240,000 85% $204,000
Cost /Capita = $168,000 or 1.65
102,121
2) Provision of Neighborhood Recreation Needs:
Fairmount Park is an 8.39 acre park which serves a neighborhood population of
5,980 within a one -mile radius service area. The park is within ease and safe
walking distance for a majority of the population served. The park is located in the
center of the North Planning District, which is west of I -25 and north of the
Arkansas River. The service area contains 5, 980 residents and increased by 7% in
the past ten years. The population increase is occurring primarily in the area west
of the park. The North Planning District contains only 2.13 acres of neighborhood
parks per 1,000 residents. This is less than half of the national standard of five
acres per 1,000 residents. If the acreage in Fairmount Park that is not useable due
to its poor condition is subtracted from the North District, the neighborhood park
acres per resident would drop below two acres /1,000 residents. The nearest
neighborhood park that offers similar recreation facilities and opportunities is
approximately one and one -third (1.33) miles away.
Fairmount Park contains the following recreation facilities: a tennis court,
shuffleboard court, two barbecue grills, park benches and playground equipment
consisting of (3) bouncing animals, (2) tiny tot swings, a swing set, a play
structure, a slide, and a merry -go- round. In addition to providing neighborhood
recreation needs, Fairmount Park serves as a school park for the adjacent Morton
Elementary School.
Forty -four (44 %) percent of the residents within a one -mile radius of the park have
been identified as minorities or persons with low or moderate income. The area
southwest of the park containing 1,200 residents includes 75% who are in a low to
moderate income and minority neighborhood. The character of the neighborhood
is primarily modest single - family homes and a high- density mobile home park.
The entire North Planning District has a population of 19,637 residents. The one -
mile service area population for Fairmount Park is 5,980.
North Planning District:
One -mile service area population ...... ............................... 5,980
= 30%
Total North Planning District population ............................ 19,637
3) Condition of Existing Recreation Properties to be Rehabilitated:
The general condition of Fairmount Park is below the standard of other
neighborhood parks within the City of Pueblo. At one time the park contained a
small community building, and a picnic shelter /restroom facility. The community
building was demolished in the 1950's and was not replaced. The park
shelter /restroom facility was constructed following the demolition of the
community building. It too was removed in the early 1990's due to its debilitated
condition. To date the park shelter and restrooms have not been replaced. The
irrigation system has not been upgraded in 15 years, which has contributed to loss
of three acres of turf grass area (40% of the park). The lack of proper drainage in
the park has also contributed to the loss of turf grass area. The number of trees and
shrubs in the park has been reduced from 294 in the 1940's, to a current number of
73. In the 1970's the park was used as a practice and game site for the City's
Bantam League Football Program. Due to the poor condition of the park, the
youth football teams no longer use the park for their program.
Fairmount Park has been given a high priority rating for rehabilitation of recreation
facilities. A tennis courts was constructed in 1992 to re- establish courts that were
removed in the 1960's. The drainage problems in the park continue to affect the
quality of the turf grass area. Installing a drainage system has been identified as a
priority to improve the park. There is a significant demand to re- establish a park
shelter that was demolished in the early 1990's.
The addition of new trees and shrubs and the re- establishment of deteriorated turf
grass areas will be a significant effort in re- establishing much of the historical
design of that was part of Fairmount Park at the turn of the 20 century. Pueblo's
original park system at the turn of the century featured formal gardens with tree -
lined walkways and entryways. Over the years nearly all of these park design
features have been lost. The limited funding has not allowed these parks to be
upgraded or re- established (see attached original Fairmount Park layout). Since
the 1880's, Fairmount Park has provided a variety of recreational services and has
been a valuable resource in this central north side neighborhood community.
4) Improvement in the Quality and Quantity of Recreation Services as a Result of
Rehabilitation
The improvements to Fairmount Park's existing facilities will significantly
increase the quality of recreation opportunities provided by the parks system to the
neighborhood area. The new picnic shelter will provide a gathering place for
family activities that are not available in other neighborhood parks in the North
District. The new playground equipment will provide different age groups the
opportunity to expand play activities to the standard of neighborhood parks within
other districts of the City. The reforestation of the park will assure the future park
setting provided by existing mature trees. Improvement to the irrigation system
and turf grass areas will provide open play fields for neighborhood youth soccer,
football, and baseball teams can use as a practice site. At present the park is not
utilized for youth sports practices due to its poor condition. Residents are forced to
use facilities outside their service area.
Handicapped accessibility from the parking lot to the picnic shelter and playground
will greatly increase the ability of disabled residents to use the facilities at
Fairmount Park.
The entire North Planning District has a population of 19,637 residents. The one -
mile service area population of Fairmount Park is 5,980. The rehabilitation of the
park facilities at Fairmount Park will increase service by 30 percent of the entire
North Planning District.
North Planning District
One -mile service area population . ............................... 5,980
Total North Planning District population ....................... 19,637
30%
5) Improvement of Recreation Service to Minority and Low to Moderate Income
Residents, Special Populations and Distressed Neighborhoods
The rehabilitation of Fairmount Park will directly benefit minority persons and low
and moderate income families. Forty -three percent of the City's population is
minority. Spanish- surname persons constitute 40 percent of Pueblo's minority
population.
Census Tracts 2 in the park's service area has a high concentration of Hispanic
persons (Source: 2000 Census). Approximately 30% of the residents in Census
Tracts 1, 3 and 4 in the park's service area are Hispanic:
Hispanic Black
Origin Population
URBAN PARK AND RECREATION
RECO VERY PROGRAM (UPARR)
FAIRMOUNT PARK REHABILITATION
PROJECT
November 2001
"PROJECT BUDGET"
SOURCE OF FUNDS
DATE
UPARR
STATE OF
TOTAL
SECURED
REQUEST
COLORADO
MATCH
CASH
1/2002
$204,000
$36,000
$240,000
IN -KIND
TOTAL SOURCES OF
$204,000
$36,000
$240,000
FUNDS
USES OF FUNDS
DATE TO BE
UPARR
APPLICANT
TOTAL
SPENT
FUNDS
FUNDS
SITE PREPARATION
4/02 to 5/02
$8,500
$1,500
$10,000
INSTALL DRAINAGE
5/02 to 7/02
$17,000
$3,000
$20,000
SYSTEM FOR HIGH
WATER AREAS
PLANT TREES &
5/02 to 7/02
$22,100
$3,900
$26,000
SHRUBS
INSTALL IRRIGATED
5/02 to 7/02
$93,500
$16,500
$110,000
TURF - including turf and
irrigation for 8 acres
INSTALL PICNIC
6/02 to 8/02
$20,400
$3,600
$24,000
SHELTER -
INSTALL CONCRETE
6/02 to 8/02
$2,550
$450
$3,000
PATHWAY - including a
150 If x 4'wide cone. path
INSTALL
9/02 to 10/02
$29,750
$5,250
$35,000
PLAYGROUND EQUIP.
INSTALL "SAFETY"
9/02 to 10/02
$10,200
$1,800
$12,000
SURFACE UNDER PLAY
EQUIP. - ADA accessible
TOTAL USES OF FUNDS
$204,000
$36,000
$240,000
C: \unzipped \UPARR - Fainnount Park \UPARR - Fuinnount ParkTainnount work budget revised 1 1- 28.doc
CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT
31
Street
Morton Elementary
School
New
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access
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30th
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Completed By the City of Pueblo Planning Department — 6/01
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Colorado
National Park Service
Urban Park and Recreation Recovery Grants - *r-�'
FY2001 u
SELECT CITY:
Denver
GRANTS OFFERED:
Pueblo
City
Contact
Grant
Amount
Project
Denver
Mayor Wellington E.
$500,000
Globeville Pool: This grant will
Webb
assist the City and County of
Denver in rehabilitating a portion
720 - 865 -9000
of the pool facility located adjacent
to Argo park, one of the oldest
parks in Denver. This facility,
which serves an economically
depressed neighborhood, will be
closed at the end of the season if
not renovated.
Pueblo
Al Gurule, City
$204,000
Fairmount Park: The City proposes
Council President
to rehabilitate the Park
infrastructure to better serve the
(719) 584 -0800
residents of an economically
depressed neighborhood.
Improvements include a new park
shelter, new playground structure,
irrigation, landscaping and
improved drainage.
Return to Main UPARR Index
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