Loading...
HomeMy WebLinkAboutRES.149.07-17-1985 �, i � �, /, � BILL N0. 85-66 RESOLUTION NO. � i� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT WITH THE STATE OF MISSOURI FOR DEVELOPMENT OF A RIVERFRONT AMPHITHEATER BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into a land and water conservation fund project agreement with the State of Missouri for development of a riverfront amphitheater . A copy of this agreement is attached to this resolution and made a part hereof. ,, � � PASSED AND ADOPTED THIS � DAY OF — � / ' , 1985 . r r ; 1`���Y(/�i�-L� �Y �i�lr--r-�` Howar C. Too e, Mayor � ATTEST: �� � �r/,; ��/� / � � '�.,� ��t �;-, % ,� � l� '�,�J ,/�. _ E e �yn� G.�'� LeGran Deputy City Clerk � LAND AND WATER CONSERVATIOPJ FUND ..:, .. PROJECT AGREEPIENT BETWEEN THE STATE OF P�1ISSOURI AP�D A STATE AGEP�CY OR POLITICAL SUBDIVISION PROJECT SPONSOR City of Cape Girardeau PROJECT NUMBER 29-01204 PROJECT TITLE Cape Girardeau Riverfront Park PROJECT PERIOD 5���85 - 12/31/87 Project Scope (Description of Project) The city of Cape Girardeau will develop + 1.1 acres located in the eastern portion of the city. The land will be developed exclusively for public outdoor recreation purposes. Development will include an amphitheater. � - ro�ect Stage Covered by this Agreement total project Project Costs The following attachments are hereby incorporated into this agreement: Total Cost $ ioo.000.00 1. General Provisions Fund Support 50 � 2. Project Proposal � Fund Amount $ 50,000.00 29-01204 3. Cost of this .�. Stage $ 100,000.00 4• Assistance this Stage $ 50,000.00 LA.PID AND '�1ATER CONSERVAT101`I FUNlD PROJECT AGREEi��lEPd7 For State Agencies and Political Subdivisions General Provisions ,•.. A. Def:nitions 1 . The term "HCRS" as used herein means the Heritage Conservation and Recreation Service, United State Department of the Interior. 2. The term "Director" as used herein means the Director of the Heritage Conservation and Recreation Service, or any representative lawfully delegated the authority to act for such Director. 3. The term "Council" as used herein means the State Inter-Agency Coun- cil for Outdoor Recreation, State of Missouri . 4. The term "State Liaison Officer" as used herein means the State Liai- son Officer of the State Inter-Agency Council for Outdoor Recreation, or any representative delegated by the State Liaison Officer to act for him in his official capacity. 5. The term "Manual " as used herein means the Heritage Conservation & Recreation Service Manual . 6. The term "Project" as used herein means that project or project stage which is the subject of this agreement. a^` 7. The term "State Agency" as used herein means a public agency recog- � nized as a function of State government created by the Constitution of the State of Missouri and/or State statute of the State of Missouri . 8. The term "Political Subdivision" as used herein includes, but is not limited to, any City, county, school district, incorporated town or village or soil _ and water district when acting under powers granted by State Statute, in the State of Missouri . . 9. The term "Grantee" as used herein means the State Agency or Political Subdivision to which funds are to be transferred pursuant to this agree- ment. ;�Iherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obli- gation, or requirement that it is to apply solely to the State. 8. Project Application 1 . The Application for Federal Assistance (for Construction Programs) bearing the same project number as this agreement is by this reference made a part of this agreement. . 2. The State shall transfer to the applicant identified in Item 4 of Part I of the referenced Application for Federal Assistance (for Construction ,•., Programs) all funds granted hereunder except for any State indirect cost rate that is specified in the proposal . SIA.COR Form PA,Z (Sixth Revision - December, 1979) -2- r.. C. Project Execution � 1 . The pro�ect period shall begin and end with the dates as stated on the pro�ect agreement unless the project is completed or terminated sooner in which event the project period shall end on the date of com- pletion or termination. 2. The Grantee shall execute and complete the approved pro3ect in accor- dance with the time schedule set forth in the pro�ect proposal . Fail- ure to render satisfactory progress or to complete this or any other pro�ect in which is the sub�ect of Federal assistance under this program to the satisfaction of the Director and/or State Liaison Officer may be cause for the suspension of all obligations of the United States and/or the State of Missouri under this agreement. 3. Construction contracted for by the Grantee, in excess of $10,000, must comply with the "Contract Compliance Procedures" as provided by the Outdoor Recreation Assistance Program. (a) The Grantee shall (1 ) comply with the Federal contract compliance provisions in construction work carried out by itself, (2) assist and cooperate actively with the Heritage Conservation and Recrea- tion Service and the Secretary of Labor in obtaining the compli- ance of contractors and subcontractors with the contract pr�- --• visions and with the rules, regulations, and relevant orders of the Secretary of Labor, (3) obtain and furnish to the HCRS and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the HCRS pursuant to Part II , Subpart D, of Executive Order No. 11246 of September 24, 1965, and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part II , Subpart D, of Executive Order No. 11246 of September 24, 1965. 4. The Grantee shall secure completion of the work in accordance with the . approved construction plans and specifications, and shall secure com- pliance with all applicable Federal , State, and local laws and regula- tions. 5. The Grantee shall permit periodic site visits by the Director and/or State Liaison Officer to insure work progress in accordance with the approved pro�ect, including a final inspection upon project completion. 6. In the event funds should not be available for future stages of the project, the Grantee shall bring the project to a point of usefulness .agreed upon by the Grantee and the Director and/or the State Liaison ,.., Officer. . 7. All significant deviations from the project proposal shall be submit- ted to the Director and/or State Liaison Officer for prior approval . 8. Development plans and specifications shall be provided to and approved ,,.� by the Director and/or State Liaison Officer prior to cor�nencement of construction. • 9. The Grantee shall comply with the terms of the Uniform Relocation As- sistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970) , and the applicable regulations and procedures implementing such Act. 10. If any tract or parcel of, or interest in, real property subject to being purchased under the provisions of this agreement, but not inden- tified herein, is found by the Director and/or State Liaison Officer for any reason not to be suitable for Federal assistance, all obliga- tions of the United States and the State of Missouri hereunder shall cease as to such parcel , tract or interest. D. Pro�ect Costs 1 . Project costs eligible for assistance shall be determined upon the � basis of the criteria set forth in the Manual and OMB Circular Number A-87. 2. This agreement includes the use of the indirect cost rate, if any, cur- rently approved by the Office of Audit and Investigations, Department of the Interior, in accordance with OMB Circular No. A-87, for the State that is a party to this agreement. � 3. All program income earned during the project period shall be retained by the Grantee and shall be deducted from the total project costs for the purpose of determining the net costs on which the Federal share of costs will be based. In addition, on acquisition projects, all ad- ditional program income earned after the project period has expired but before the project has been developed for public outdoor recrea- tion purposes shall be deducted from the total project costs of other active projects for the purpose of determining the net costs on which the Federal share of costs of such projects will be based. For the purpose of this clause, the term "program income" means any income received by the Grantee from the sale, rental , lease, or other disposition of any of the project assets, and does not include entrance fees and other charges customarily collected from recreation users of the site. E. Project Administration l . The Grantee shall promptly submit such reports as the Director and/or State Liaison Officer may request. 2. Property and facilities acquired or developed pursuant to this agree- ment shall be available for inspection by the Director and/or State Liaison Officer upon request. ^ 3. Any moneys advanced to the Grantee are "public moneys" (owned by the Federal Government) and shall be deposited in a bank with FDIC insur- ance coverage and the balances exceeding the FDIC coverage shall be collaterally secure as provided for in 12 U.S.C. 265. 4. The 6rantee shall use any funds received by way of advance payment �^ from the United States under the terms of this agreement solely for the proje�t or project stage herein described. 5. Because one of the basic objectives of the Land and Water Conserva- tion Fund Act is to enhance and increase the Nation's outdoor recrea- tion resources, it is the intent of the parties hereto that recipi- ents of assistance will use moneys granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, corrmensurate at least with the Federal cost-share, in a participants outdoor recreation. It is intended by both parties hereto that assistance from the fund will be added to, rather than re- place or be substituted for, State and local outdoor recreation funds. F. Project Termination 1 . The Grantee may unilateralTy rescind this agreement at any time prior to the commencement of the project. After project commencement, this agreement may be rescinded, modified, or amended only by mutual agree- ment. A project shall be deemed commenced when the Grantee makes any expenditure or incurs any obligation with respect to the project. 2. Failure by the Grantee to comply with the terms of this agreement or any similar agreement may be cause for the suspension of all obliga- tions of the United States and/or the State of Missouri hereunder. � 3. Failure by the Grantee to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the United States hereunder, if, in the judgement of the Director and/or State Liaison Officer, such failure was due to no fault of the Grantee. In such case, any amount required to settle at minimum costs any irrevocable obli- gations properly incurred shall be eligible for assistance under this agreement. 4. Because the benefit to be derived by the United States from the full compliance by the Grantee with the terms of this agreement is the pres- ervation, protection, and the net increase in the quantity and quality of public outdoor recreation facilities and resources which are avail- able to the people of the State and the United States, and because 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 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 the agreement shall be the specific performance of this agreement. G. Conflict of Interests �•, 1 . No official or employee of the Grantee who is authorized in his offi- cial capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest i�� any such contract or subcontract. ,^ 2. No person performing services for the Grantee in connection with this project shall have a financial or other personal interest other than his employment or retention by the Grantee, in any contract or sub- contract in connection with this project. No officer or employee of such person retained by the Grantee shall have any financial or other personal interest in any real property acquired by this project un- less such interest is openly disclosed upon the public records of the Grantee, and such officer, employee or person has not participated in the acquisition for or on behalf of the Grantee. 3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, un- less such benefit shall be in the form of any agreement made with a cor- poration for its general benefit. 4. The Grantee shall be responsible for enforcing the above conflict of interest provisions. H. Hatc� No officer or employee of the Grantee whose principal employment is in con- nection with any activity which is financed in whole or in part pursuant . to this agreement shall take part in any of the political activity pro- scribed in the Hatch Political Activity Act, 5 U. S. C. Sec. 118k (1964) , with the exceptions therein enumerated. ^ I . Retention and Custodial Requirements for Records 1 . Financial records, supporting documents, statistical records, and all � other records pertinent to this grant shall be retained for a period of three years, with the following qualifications: a. The records shall be retained beyond the three year period if au- dit findings have not been resolved. b. Records for nonexpendable property which was acquired with Federal grant funds shall be retained for three years after its final dis- position. 2. The retention period starts from the date of submission of the final expenditure report. 3. The Grantee is authorized to substitute microfilm copies in lieu of original records. 4. The State Liaison Officer, The Secretary of the Interior and the Comp- troller 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 which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. � J. Use of Facilities 1 . The Grantee shall provide suitable public acknowledgement of Land and Water Conservation Fund assistance on the project site. � � • . ., � 2. The Grantee shall not at any time convert any property acquired or ^ developed pursuant to this agreement to other than the public outdoor � . recreation uses specified in the project proposal attached hereto with- out the prior approval of the Director and/or the State Liaison Officer. 3. The Grantee shall operate and maintain or cause to be operated and maintained, the property or facilities acquired or developed pursuant to this agreement in the manner and according to the standards set forth in the Manual . � , ;; , �K. Nondiscrimination 1 . The Grantee shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall , on the ground of race, color, or National origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination in the use of any property or facility acquired or developed pursuant to this agreement. The Grantee shall immediately take any measures necessary to effectuate this provision. This assurance shall be binding on the State or any political subdivision or other appropriate public agency to which fund assistance or property acquired or developed with fund assistance has been transferred for the period during which the area or facility is used for public outdoor recreation purposes. 2. The Grantee shall comply with Title VI of the Civil Rights Act of 1964 ^ (42 U.S.C. 2000d) prohibiting employment discrimination where (1 ) the primary purpose of a grant is to provide employment or (2) discrimi- natory employment practices will result in unequal treatment of per- sons who are or should be benefiting from the grant-aided activity. 3. The Grantee shall comply with the regulations promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior and con- tained in 43 C.F.R. 17. 4. The preceding paragraph is interpreted to provide further that, when Federal assistance is extended to any part within a system, including those parts not receiving Federal assistance, the entire system is subject to the obligations and prohibitions imposed by Title VI of the 1964 Civil Rights Act and the provisions of the Code of Federal Regula- tions, Title 43, Part 17. . 5. The Grantee shall not discriminate against any person on the basis of ' residence, except to the extent that reasonable differences in admis- sion or other fees may be maintained on the basis of residence. L. Compliance The Grantee shall be responsible for cvmpliance with the terms of this agreement by any political subdivision or public agency to which funds are transferred pursuant to this agreement. Failure by such political ^ subdivision or public agency to so comply shall be deemed a failure by the Grantee to comply with the terms of this agreement. ' . � 1 .... - . ,.� M. Manual � The Grantee shall comply with the policies and procedures set forth in the Heritage Conservation and Recreation Service Manual . Said Manual is hereby incorporated into and made a part of this agreement. N. Utility Wires The Grantee will be expected to (1 ) take all reasonable steps to bury, screen, or relocate existing overhead lines at development or acquisition pro3ects, and (2) to put all new electric wires under 15KV and telephone wires under- ground. . The State of Missouri , represented by the State Liaison Officer, State Inter-Agency Council for Outdoor Recreation and the State Agency or Political Subdivision named above (hereinafter referred to as the Grantee) , mutually agree to perform this agreement in accordance with the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964) , and with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby made a part hereof. The State of Missouri 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 Missouri 's share of the costs of the above project stage, based upon the above percentage of assistance. The Grantee hereby promises, in con- sideration of the promises made by the State of Missouri herein, to execute the project stage described above in accordance with the terms of this agreement. The following special project terms and conditions were added to this agreement before it was signed by the parties hereto: Claims for reimbursement shall be submitted within ninety days of the end of the project period or within ninety days of completion of the project, whichever comes first, or the Council may terminate obligation for reimbursement. The Grantee will be expected to (1 ) take all reasonable steps to bury, screen, or relocate existing overhead lines at development or acquisition projects, and (2) to put all new electric wires under 15 KV and telephone wires underground. "The Grantee agrees to comply with the terms and intent and all applicable regulations and procedures implementing the following Acts": National Environmental Policy Act of 1969 (P.L. 91-190) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) Flood Disaster Protection Act of 1973 (P.L. 92-234) � Architectural Barriers Act of 1968 (P.L. 90-480) � Historic Properties Preservation Act of 1966 (P.L. 89-665) � . . . _ � , . � The facility must be designed and constructed to comply with the "American Stand- ard Specificat.ions for Making Buildings and Facilities Accessible to, and Useable by, the Physically Handicapped" , Number A117.1-1961 , as modified (41 CFR 101-17.703) . The date of approval begins �� ��8 `� In witness whereof, the parties hereto have executed this agreement as of the - date entered below. THE STATE OF MISSOURI � � STATE AGENCY OR POLITICAL SUBDIVISION By. � � �-� �� City of Cape Girardeau Alternate S ate Liaison Officer State Inter-Agency Council � � for Outdoor Recreation By• � �� Signa ure Gary A. Eide City P•lanager ^ �,�a�/� J� �/is/s5 Date Date �