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HomeMy WebLinkAbout07936ORDINANCE NO. 7936 AN ORDINANCE APPROVING A GRANT CONTRACT FOR $25,000 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE NATIONAL PARK SERVICE RELATING TO THE FORGED IN STEEL 121 YEARS OF CF &I AND BESSEMER NEIGHBORHOOD PROJECT, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo agrees to serve as contractor for National Park Service Grant Contract 08 -08 -4110, "Forged in Steel" - 121 years of the CF &I and Bessemer Neighborhood; and WHEREAS, Bessemer Historical Society's application to the National Park Service Preserve America program entitled "Forged in Steel" - 121 years of the CF &I and Bessemer Neighborhood was approved for funding beginning October 1, 2008 subject to the execution of a Contract; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The grant Contract and Attachments between the City of Pueblo, a municipal corporation and the National Park Service (NPS), relating to the "Forged in Steel" - 121 years of the CF &I and Bessemer Neighborhood ( #08 -08- 4110), copies of which are attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver said Contract, in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. There is hereby established Project No. PL0807, Bessemer Historical Society Forged in Steel Project, funds in the amount of $50,000 are hereby budgeted and appropriated for such project from the proceeds of NPS Contract #08 -08 -4110, and use the amount of $25,000 from the Bessemer Historical Society as the City's required match. SECTION 4. This Ordinance shall become effective upon execution of a delegation agreement between the City and the Bessemer Historical Society relating to this project. Upon becoming effective, the President of City Council is authorized to execute and deliver said Contract in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the Seal of the City thereto and attest same. BY Vera Ortegon Councilperson PRt %rtw unri, ATTEs r) a { C E INTRODUCED November 24, 2008 PASSED AND APPROVED: December 8, 2008 E ������ L Background Paper for Proposed ORDINANCE AGENDA ITEM # 24 DATE: NOVEMBER 24, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING A GRANT CONTRACT FOR $25,000 BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE NATIONAL PARK SERVICE RELATING TO THE FORGED IN STEEL 121 YEARS OF CF &I AND BESSEMER NEIGHBORHOOD PROJECT, BUDGETING AND APPROPRIATING FUNDS IN THE AMOUNT OF $50,000, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a contract between the City of Pueblo and the National Park Service for the "Forged in Steel" - 121 Years of CF &I and Bessemer Neighborhood Project, budget and appropriate funds in the amount of $25,000 for the project, and authorize the President of City Council to execute the contract? RECOMMENDATION Approve the Ordinance. BACKGROUND The City Council authorized the submittal of a grant application on June 23, 2008 (Resolution No. 11314) to the National Park Service for Preserve America Program funding for the Bessemer Historical Society (BHS) relating to the "Forged in Steel" - 121 Years of CF &I and Bessemer Neighborhood Project. The project consists of marketing the Steelworks Museum of Industry and Culture and CF &I Achieves and the further enhance the outreach efforts of the Bessemer Historical Society toward the promotion of Pueblo's economic and social history to the generations of today. A grant in the amount of $25,000 has been awarded to the City of Pueblo to complete the project. The grant monies will be sent to the City and passed through to BHS. The City and the Bessemer Historical Society will need to execute a delegation agreement governing the administration of the grant, specifying the work tasks of the Bessemer Historical Society, providing for compensation to the Bessemer Historical Society including method of payment, and the terms of agreement. The budget for the project includes the following funding sources: $25,000 National Park Service Preserve America Funds $25,000 Bessemer Historical Society Funds $50,000 TOTAL COST FINANCIAL IMPACT The City of Pueblo will be reimbursed for costs that are directly related to and necessary for the achievement of the approved objectives and budget of the grant up to $25,000. The project will be budgeted and appropriated as a new capital project in the amount of $50,000 with $25,000 of the budget provided by the Bessemer Historical Society as identified in the delegation agreement. United States Department of the Interior NATIONAL PARK SERVICE 1849 C Street, N.W. Washington, D.C. 20240 IN UMY14MRT0: Preserve America Grant Agreement No. 08- 08- AP-4110 Upon signature of both parties below, the National Park Service (NPS) will have obligated with this Grant Agreement the amount of $25,000 appropriated from the National Recreation and Preservation (NR &P). for the Preserve America Grant Program by Public Law 110 -161, which provides Fiscal Year 2008 appropriations to the Department of the Interior. The term of this grant agreement is: Beginning Date: October 1, 2008 Ending Date: October 31, 2010 In accepting this grant for the project entitled " `Forged in Steel' 121 years of CF &I and Bessemer Neighborhood" evidenced by signature below, the City of Pueblo agrees to comply with Department of the Interior regulations and requirements governing Federal grants stipulated in Office of Management and Budget (OMB) Circular A -102 (Administrative Requirements for Grants to State and Local Governments; see 43 CFR 12.42- 12.92); Circular A -87 (Cost Principles for Grants to State and Local Governments); and Circular A -133 (Audits of States, Local Governments and Non - Profit Organizations). These requirements are hereby incorporated by reference into this grant agreement. In accordance with 18 U.S.C. 1913, none of these funds may be used for lobbying purposes as defined in the special conditions contained on the following pages. These special conditions are also hereby incorporated into this grant award. The terms and conditions of this grant award shall be extended to subrecipients and subcontractors. In witness thereof, the parties have executed this grant agreement as of the date entered below: CITY OF PUEBLO, COLORADO AND NATIONAL PARK SERVICE THE BESSEMER HISTORICAL SOCIETY President of Pueblo City Council Chief, histortic Preservation Grants Division December 8, 2008 Date signed cc: Colorado State Historic Preservation Office Attachments: th4a l Date sign 6d • SF 424 Application for Federal Assistance • Budget Changes /Special Grant Conditions Grant Agreement (Page 2 of 7) APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 08.08 -AP -4110 October 1, 2008 October 31, 2010 The terms of the grant award include the following special conditions necessary to obtain the objectives of the grant, facilitate administration of the grant, and to protect the interests of the Federal Government. Grantee noncompliance with these terms and conditions and the requirements of Office of Management and Budget (OMB) Circulars A -102 and A -87 will cause disallowance of costs incurred under the grant. In addition to other lawful remedies, in the event of noncompliance with any grant conditions, the grant may be suspended, terminated or annulled pursuant to OMB Circular A -102 (see 43 CFR 12.83- 12.84). The grantee shall not assign or otherwise transfer final responsibility for this Grant Agreement, the grant, or the project to any third party. The execution of subcontracts shall not alter or modify the obligations of the grantee. However, the grantee may subcontract for performance of project - related work summarized in this Grant Agreement. The grantee must administer this grant award free from conflict of interest, bribery, "kickbacks," cost - plus -a- percentage -of -costs contracts, and other procurement practices prohibited by 43 CFR 12.76. Special Condition #1, Limitations on Grant Expenditures The term of availability of these grant funds is from October 1, 2008, through October 31, 2010. All costs incurred must be billed to NPS by January 31, 2011. Expenses charged to this grant may not be incurred prior to the beginning date specified above, or subsequent to the grant end date specified above (unless the Grant Agreement's end date is formally extended in writing by NPS). Such expenditures may not exceed the maximum limits shown on this grant award, or amendments subsequently approved in writing by NPS. The grantee assumes fiscal liability, without recourse to NPS, for commitments that exceed the funds provided in the Grant Agreement. Special Condition #2, Allowable Costs All costs charged to the grant must be directly related to and necessary for the achievement of the approved objectives and budget of this grant, as specified in Grant Condition #15, below, unless an amendment is approved in writing by NPS. Expenses charged must be incurred only for eligible costs in accordance with OMB Circular A -102 and OMB Circular A -87; and supported by approved contracts, purchase orders, requisitions, bills, or other evidence of liability consistent with generally established purchasing procedures and generally accepted accounting principles. Special Condition #3, Nonfederal Matching Share At least $25,000 ineligible nonfederal matching contributions that are allowable and properly documented in accordance with 43 CFR 12.64 must be used during the grant period to share the costs for this grant. Failure to use the required non - Federal matching share will result in the disallowance of costs reimbursed, and/or the deobligation of remaining unexpended funds. Special Condition #4, Fundraising Costs In accordance with OMB Circular A -87, Attachment B, Item 21, costs of fundraising are not eligible costs chargeable to the grant for reimbursement or as eligible nonfederal matching share contributions. Grant Agreement (Page 3 of 7) APPLICATION AND BUDGET CHANGES /SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 08.08 -AP -4110 October 1, 2008 October 31, 2010 Special Condition #5, Performance Reports An acceptable Interim Progress Report must be submitted to NPS every six months during the grant period, with the initial Progress Report due not later than April 30, 2009, and the next report due not later than October 31, 2009. An acceptable Final Progress Report must be submitted by January 31, 2011. Failure to submit acceptable progress reports by the dates specified, and in the format prescribed by NPS, may result in suspension of funds or other action. The final progress report must include slides, photographs, copies of publication etc. showing the work accomplished under this grant. Interim Reports and the Final Project Report must include the Standard Form 269A, Financial Status Report Short Form, which is used to document financial obligations and outlays during the previous year. The final payment will not be approved until all work in completed and an acceptable Final Progress Report is received by NPS. The grantee agrees to maintain close liaison with the NPS Grant Awarding Official throughout the grant period. NPS reserves the right to request meetings, upon reasonable notice, with grantee project staff at intervals during the course of project work. The grantee agrees to promptly notify the NPS Grant Awarding Official should any of the following conditions become known to it: a) Problems, delays, or adverse conditions that will materially affect the ability of the grantee (or its subcontractors, if any) to attain project objectives, prevent the project from meeting planned timetables, or preclude the completion of approved work; b) The need for adjustment (revision) to the project budget; and c) The lack of nonfederal matching share to meet the amount required by this Grant Agreement. Interim and Final Reports should be sent to your grant reviewer's attention at the National Park Service in Washington, DC. Address: 1201 I "Eye" St. NW (2256), 6" Floor, Washington, DC 20005. Special Condition #6, Prior Approval Requirements The grantee may not, without written approval by the NPS grant awarding official (that official whose signature /title appears on the grant award document, or his designee), make changes in the approved scope of work or budget that would substantively alter the approved scope of work (43 CFR 12.70). Special Condition #7, Lobbyin2 Prohibitions Costs associated with activities or any form of communication designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation are unallowable as a charge to this grant. None of the funds awarded may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913 prohibiting lobbying with appropriated funds. Recipients shall not use any part of the appropriated funds for any activity or for the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete. Special Condition #8, Debarment and Suspension In accordance with Executive Order 12549 "Debarment and Suspension" the grantee and its subgrantees must not make any award or permit any award (by subgrant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549. Grant Agreement (Page 4 of 7) APPLICATION AND BUDGET CHANGES /SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 08 -08 -AP -4110 October 1, 2008 October 31, 2010 Special Condition #9, Financial Audit The grantee shall obtain an audit of grant expenditure records in accordance with OMB Circular A -133, which requires a Single Agency Audit for any grantee who expends at least $500,000 of Federal grant funds (from all sources) in a fiscal year. Financial audits that include costs incurred for this grant (including nonfederal matching share) must be transmitted to the Federal Audit Clearinghouse, Data Preparation Division, U.S. Bureau of the Census, 1201 E. 10th Street, Jeffersonville, Indiana 47132. A reasonable proportion of the costs of an acceptable audit performed in accordance with OMB Circular A -133 may be charged to this grant. The Clearinghouse information can be completed on line. The web address for the Federal Audit Clearinghouse is: http://harvester.census.gov/sac/. Simultaneously, the grantee must submit the audit reporting package and a signed copy of the Data Collection Form for Reporting on Audits of States, Local Governments, and Non - Profit Organizations, SF- SAC, to the National Park Service Special Condition #10, Record Keeping The grantee must maintain the property, personnel, financial, procurement and other records and accounts pertinent to the funds awarded by this grant in accordance with 43 CFR 12. The grantee and its contractors will permit on -site inspections by NPS representatives, and will effectively require employees and board members to furnish such information as, in the judgment of NPS representatives, may be relevant to a question of compliance with grant conditions and directives on the effectiveness, legality and achievements of project work. Special Condition #11, Access to Records The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the grantee that are pertinent to the grant at all reasonable times during the period of retention provided for in 43 CFR 12. Special Condition #12, Publicity and Press Releases Press releases about this project must acknowledge the grant assistance provided by NPS and copies of the press releases must be provided to NPS. The grantee must transmit notice of any public ceremonies planned to publicize the project or its results in a timely enough manner so that NPS, Department of the Interior, Congressional or other Federal officials can attend if desired. Special Condition #13, Publications The grantee must include acknowledgment of NPS grant support and a nondiscrimination statement in all publications and videos assisted with grant monies and/or concerning NPS grant- supported activities. At least three copies of each publication and video concerning NPS grant- assisted activities, or published with NPS grant assistance, must be furnished to the NPS Grant Awarding Official within 30 calendar days of publication. All publications, including video and audio tapes, must contain the following disclaimer and acknowledgement of NPS support: 'This material is based upon work assisted by a grant from the Department of the Interior, National Park Service. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the Department of the Interior." All consultants hired by the grantee must be informed of this requirement. The National Park Service shall have a royalty -free right to republish any published material generated by this grant. Grant Agreement (Page 5 of 7) APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 08 -08 -AP -4110 October 1, 2008 October 31, 2010 Special Condition #14, Method of Payment An SF -270, Request forAdvance or Reimbursement, must be faxed to the NPS Grant Awarding Official for approval of payment requests. After NPS has notified the grantee by fax or e -mail that the payment request is acceptable, the grantee can transmit the payment request on the SMARTLINK payment system. Payment of grant funds will then be made by SMARTLINK electronic transfer of funds to a specified bank account of the grantee. NPS approval of payment requests is based on satisfaction of grant conditions and documentation that matching funds have been expended at the same rate as federal funds. The final payment request (or approximately 15 %) will be held until all grant conditions are met, including submission of an acceptable Final Project Report. All approved advance payments must be expended within 30 days of the receipt of funds. An SF272, Cash Transaction Report, must be completed and submitted to NPS at the end of the 30 days documenting that the advanced funds have been liquidated. Special Condition #15, Approved Budget and Scope of Work The approved Summary of Objectives and Results to be performed with this grant award is as follows: develop materials that will educate community members and visitors about the city's roots in the steel industry utilizing the Bessemer Historical Society's archives and the resources of the Steelworks Museum, in accordance with the Secretary of the Interior's Standards for Archeology & Historic Preservation. Products will include billboards and signage for the museum, videos for local access channels, updating the historical society's website featuring the local heritage and the museum, educational lesson plans with a traveling trunk exhibit, brochures. The annroved Work/Cost Budget is summarized as follows: Line Item Federal Share Matching Share Total Budget Personnel $2,250 $8,000 $10,250 Fringe Benefits 0 $2,350 $2,350 Consultant Fees $7,000 $800 $7,800 Travel and Per Diem $1,054 0 $1,054 Supplies and Materials $12,696 $9,004 $21,700 Equipment $2,000 $3,000 $5,000 Other (marketing committee expertise 0 $1,846 $1,846 Total $25,000 $25,000 $50,000 Special Condition #16, Preagreement Costs Any preagreement costs incurred must be approved in writing by NPS and authorized to be charged to this grant in accordance with OMB Circular A -87. Documentation of these preaward costs must be retained for review by the grantee's financial audit. Grant Agreement (Page 6 of 7) APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 08 -08 -AP -4110 October 1, 2008 October 31, 2010 Special Condition #17, NPS Concurrence with Selection of Consultants The grantee must submit resumes and responses to its Requests for Proposals, along with its justification for which consultant(s) it selects for grant- assisted work to the NPS Grant Awarding Official for concurrence by NPS. The consultant(s) must have the requisite experience and training in historic preservation to oversee the construction work to be performed and to manage this complex project. Contractors must be competitively selected. Maximum hourly rates charged to this grant may not exceed 120% of a Federal Civil Service GS -15, step 10 salary, which for FY 2008 is $85.67 per hour or $685 per day. Current salary tables can be found on the Office of Personnel and Management website: www.opm.gov. Special Condition #18, Compliance with Section 106 of the National Historic Preservation Act Pursuant to Section 106 of the National Historic Preservation Act, NPS and the grantee must complete the consultation process stipulated in the regulations issued by the Advisory Council for Historic Preservation in 36 CFR 800 prior to the commencement of any construction work or ground disturbance associated with this project. (Note that the NPS must receive a copy of the State Historic Preservation Officer's written approval of the methodology or plan to be used for any archeological testing or ground- breaking prior to conducting such testing or ground- breaking.) NPS has initiated the Section 106 consultation process with the State Historic Preservation Officer (SHPO), by notifying the SHPO of the grant and sending the SHPO a copy of the grant application. Now, to complete the Section 106 review, the grantee must submit plans and specifications for the project to the SHPO. The grantee then must submit to the NPS Grant Awarding Official copies of the following: 1) any written comments grantee receives from the SHPO in response to submission of plans and specifications for the project, including any suggestions for modifying the project, and 2) the SHPO's written concurrence with the project as proposed or as modified. In the event that the grantee and the SHPO cannot reach agreement, the grantee must notify NPS in writing so that NPS may participate in the conclusion of the consultation. Special Condition #19, Compliance with the Secretary of the Interior's Standards All grant- assisted construction or ground disturbance must be reviewed by NPS to ensure that it meets the Secretary of the Interior's Standards for Archeology and Historic Preservation, and the Secretary of the Interior's Standards for the Treatment of Historic Properties. Work that does not comply with these Standards in the judgment of NPS will not be reimbursed, and may cause the grant to be terminated and funds deobligated. Special Condition #20, NPS Review of Architectural Plans and Specifications The grantee must submit plans and specifications for any construction or ground disturbance to the National Park Service for its review and approval for compliance with the Secretary of the Interior's Standards for Archeology and Historic Preservation, and the Secretary of the Interior's Standards for the Treatment of Historic Properties, and with the Conditions listed in this Grant Agreement prior to the beginning of grant- assisted work on the property. Grant Agreement (Page 7 of 7) APPLICATION AND BUDGET CHANGES /SPECIAL CONDITIONS GRANT NUMBER: BEGINNING DATE: ENDING DATE: 08 -08 -AP -4110 October 1, 2008 October 31, 2010 Special Condition #21, NPS Review of Draft Products and Requirement for Final Products. All reports and products produced with grant funds should be submitted to the National Park Service for review and comment no later than at 80% allocation of grant funds. After addressing NPS comments, the grantee must submit 3 copies of any publications, reports, studies, or similar materials which are produced with this grant assistance, including plans and specifications, historic structures reports, and feasibility studies. For items such as interpretive signs or tourism events, photographs of the signs or events must be submitted. Special Condition #22, Requirement for Project Sinn The grantee must erect and maintain a project sign at the project site, if applicable. This sign must: be of reasonable and adequate design and construction to withstand weather exposure; be of a size that can be easily read from the public ri ght -of- way; and be maintained in place throughout the project term as stipulated in this Grant Agreement. At a minimum, the sign must contain the following statement: "[Name of Project] is being supported in part by a Preserve America grant administered by the National Park Service, Department of the Interior." Additional information briefly identifying the historical significance of the property or recognizing other contributors is encouraged and permissible. Photographs of the sign must be included with the Final Report submitted to NPS. The cost of fabricating and erecting this sign is an eligible cost for this grant.