State of Oregon Parks & Recreation - Land & Water Conservation Fund i
STATE-LOCAL AGREEMENT
LAND AND WATER CONSERVATION FUND
This agreement, made and entered into this day of 2005 by and
between the STATE OF OREGON, by and through its Parks akfi Re re tion Department,.
hereinafter called "State, and City of Tigard, a Municipal Corporation of the State of Oregon,
by and through its City Council or designated representative, hereinafter called "Sponsor;"
WITNESSETH:
WHEREAS, Sponsor proposes to undertake the following outdoor recreation project: Tualatin
River Trail, OP 2476, in Washington County, Oregon, hereinafter called the "project", and to
that end, proposes to perform work and/or acquire land as set out and described below:
Project Description/Scope of Work: Project includes construction of a ten-foot wide recreation
trail along the Tualatin River between Cook Park and the future Tualatin River pedestrian
bridge.
WHEREAS, federal matching funds for acquisition and development of outdoor recreation
areas are available under the Land and Water Conservation Fund Act of 1965, 78 Stat. 897
(1964), as administered by the Department of the Interior; and
WHEREAS, it is the intent of the parties hereto that Sponsor acquire land and/or perform the
development work, as set out above in accordance with the Land and Water Conservation
Fund Act of 1965, other applicable federal and state statutes, and the requirements of the
Department of the Interior; and that State apply to the Department of the Interior for funds with
which to reimburse the state for administration costs and to reimburse Sponsor for up to forty-
three percent (43%) of sponsor's costs in acquiring such land and/or performing such work.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
1. The State hereby approves the project proposal and authorizes Sponsor to acquire land
and/or perform the work of the project in accordance with the above description. As
hereinafter used, "work of the project" shall include both acquisition of land for and
development work of the project, and "cost of the project" shall include both costs of
acquisition of land for and development work of the project, if such is required.
2. The estimated total cost of the project is $97,530. Sponsor shall in the first instance;
pay all the costs of the project and then request reimbursement upon completion of the
project. State shall pay sponsor no more than $42,415.00 for reimbursement. In no
event shall the sum of the payment to Sponsor exceed forty-three percent (43%) of the
total actual cost of the project. The Sponsor may submit partial payment requests for
work completed. Final payment will be made upon completion of the project. The State
may perform an audit of Sponsor's records pertaining to the project.
3. Upon completion of the project, Sponsor shall be responsible for the operation and
maintenance of said facility for public outdoor recreation in the manner and according to
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the standards set forth in the Department of the Interior Manual.
4. It is understood by the parties hereto that no funds of State are, under this agreement,
except as covered, by a separate agreement, committed to payment of any costs of the
project, and that obligations imposed upon State to apply for federal funds as well as the
right of Sponsor to receive any reimbursement for any costs of the project shall extend
only to those portions of the project, including the estimated costs thereof, approved by
the Department of the Interior. Furthermore, if Sponsor fails to perform any of the work
of the project and such failure, because of commitments made by State to the
Department of the Interior, forces State to perform any work necessary to bring the
project to a useful state of completion (as determined by State and the Department of
the Interior), Sponsor shall reimburse State for all State's costs in performing such
necessary completion work, less any federal funds received by State for such work.
5. Sponsor hereby agrees to comply at all times with the LAND AND WATER
CONSERVATION FUND PROJECT AGREEMENT (the Federal Project Agreement),
General Provisions attached hereto marked "Exhibit A" and by this reference made a
part hereof, in accordance with paragraph E of part I (Definitions) of Exhibit A. Sponsor
hereby undertakes separately to perform its obligations set forth in said Federal Project
Agreement. The benefit to be derived from the full compliance by the Sponsor with the
terms of this agreement is the preservation, protection, and the net increase in the
quantity and quality of public outdoor recreation facilities and resources which are
available to the people of the State and of the United States, and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money and
other assistance furnished under the terms of this agreement, the Sponsor agrees that
payment by the Sponsor to the State of an amount equal to the value of any assistance
extended under this agreement would be inadequate compensation to State for any
breach by the Sponsor of this agreement. The Sponsor further agrees, therefore, that
the appropriate remedy for State in the event of a breach by the Sponsor of this
agreement shall be the specific performance of the agreement.
6. Sponsor shall complete the work of the project by June 30, 2007.
7. Provisions of State law applicable to this agreement are hereby incorporated.
8. Sponsor shall execute this agreement through its regular and customary means, by its
City Council, or designated representative.
9. Sponsor shall comply with and are subject to the requirements of the Office of
Management and Budget Circular A-133, which implement the Single Audit Act of 1984
(P.L. 98-502). Title 49 CFR Part 90.
10. The Sponsor shall perform the work under this agreement as an independent contractor
and shall indemnify, defend and hold harmless the State of Oregon and Oregon Parks
and Recreation Department and its officers, employees, and agents from all claims,
suits, actions, loses, damages, liabilities, costs and expenses of any nature, resulting
from, arising out of or relating to the activities of the Sponsor or the Sponsors officers,
employees, sub-contractors, or agents under this agreement. The State shall be
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responsible for the acts, omissions, or negligence of its own officers, employees or
agents, and only to the extent permitted by the. Oregon Tort Claims Act ORS 30.260-
30.300, and'the Oregon Constitution, Article XI, Section 7.
11. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE
STATE AND THE SPONSOR. NO WAIVER, CONSENT, MODIFICATION OR
CHANGE OF THE TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY
UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH A WAIVER,
CONSENT, MODIFICATION, OR CHANGE IF MADE SHALL BE EFFECTIVE ONLY IN
THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE
ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIVES, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THE AGREEMENT. THE DELAY
OR FAILURE OF THE STATE TO ENFORCE ANY PROVISIONS OF THIS
AGREEMENT SHALL NOT CONSTITUTE A WAIVER BY THE STATE OF THAT
PROVISION OR ANY OTHER PROVISION. THE RECIPIENT, BY THE SIGNATURE
BELOW OR ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES
THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE
BOUND BY IT'S TERMS AND CONDITIONS.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of
the day and year first above mentioned.
SPONSOR: City of Ti and STATE OF OREGON, by and through its
Parks a d Recreation Department
Authoiized Representative Signature
Aut orized Representative of the Oregon
0rG)g t D;r ks:Ew _ M��,�2 Parks and Recreation Department
Print Name and Title
Aer iQ
Date
Recommended by
Mari ro ip ncott, Senior Grants
Project Coor orator
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LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT GENERAL;PROVISIONS
Part I-Definitions
A. The term"NPS"or"Service"as used herein means the National Park Service, United States DepartnrenGof the Interior.
B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully
delegated the authority to act for such Director.
C. The term"Manual"as used herein means the Land and'Water Conservation Fund Grants Manual(NPS-34).
D. The term "project" as used herein means a single project, a consolidated grant, a project element of a consolidated
grant,or project stage which is subject to the project agreement.
E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where
applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement.
Wherever a term, condition, obligation, or requirement refers to the State, such term,.condition, obligation, or
requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the
nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these
provisions, the terms "State," "grantee,"and"recipient"are deemed synonymous.
F. The teen "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the
authority to act for such Secretary.
Part II-Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project
creates an obligation to maintain the property described in the project agreement consistent with the Land and Water
Conservation Fund Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted hereunder for
the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least
with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the
Fund will be added to, rather than replace or be substituted for,State and local outdoor recreation fiords.
A. The State agrees, as recipient of this assistance,'that it will meet the following specific requirements and that it will
further impose these requirements, and the terms of the project agreement, upon any political subdivision or public
agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be
responsible for compliance with the term of the project agreement by such a political subdivision or public agency and
that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply
with the terms of this agreement.
B. The State agrees that the property described in the project agreement and the signed and dated project boundary map
made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is
integral to such acquisition or development, and that, without the approval of the.Secretary,it shall not be converted to
.other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the
term of the lease in the case of leased property. The Secretary shall approve such conversion only if itis found to be in
accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed
necessary to.assure the substitution of other recreation properties of at least equal fair market value and of reasonably
equivalent usefulness and location. This replacement land becomes subject to Section 6(f)(3) protection. The approval
of a conversion shall be at the sole discretion of the Secretary, or his designee. Prior to the completion of this project,
the State and the Director may mutually alter the area described in the project agreement and the signed and.dated
project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are
afforded Section 6(f)(3)protection as Fund reimbursement is provided.
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In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of
property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said
property to other than public outdoor recreation uses as a result of such reversionary interest being.exercised is
approved. In receipt of this approval, the State agrees to notify the Service of the conversion as soon as possible and to
seek approval of replacement property in accord with the conditions set forth in these provisions. The State further
agrees to effectuate such replacementwithin a reasonable period of time, acceptable to the Service, after the,conversion
of,property takes place. The provisions of this paragraph are also applicable,.to: leased properties acquired and/or
developed;with Fund assistance where such lease is terminated prior to its full term due.to the.existence of provisions in
such lease known and agreed to by the Service;and properties subject to other outstanding rights and interests that may
result in a conversion when known and agreed to by the Service.
C. The State agrees that the benefit to be derived by the United States from the full compliancety the State with the terms
of this agreement is the preservation,protection,and the net increase in thequality of public outdoor recreation facilities
and resources which are available to the people of the State and of_the United States, and.such benefit exceeds to an
immeasurable and unascertainable extent the amount of money furnished by the United.States by way of assistance
under the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal
to the amount of assistance extended underthis agreement by the United States would be inadequate,compensation to the
United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate
remedy in the event of a breach by the State of this agreement shall be the specific performanee.of this agreement.-
D. The State agrees to comply with the policies and procedures set forth in the Land and Water Conservation Fund
Manual. Provisions of said Manual are incorporated into and made a part of the project agreement.
E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as
prescribed.by Manual requirements.
F. The State agrees that a permanent record shall be kept in the participant's public property records and available for
public inspection to the effect that the property described inthe scope of the project agreement,and the signed and dated
project boundary map made part of that agreement,has been acquired or developed,with Land and Water Conservation
Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval
of the Secretary of the Interior.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to
nondiscrimination as outlined in the Civil Rights,Assurance appearing at Part III-I herein.
2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual.
Part III-Project Assurances
A. Applicable,Federal Circulars
The State shall comply with applicable regulations, policies, guidelines and requirements includingOOMB'Circular A-
102 (Uniform_Administrative Requirements for.Grants and.Cooperative Agreaments toOState 'nd LocalGovernmants),
43 CFR'Part,12 Administrative and',@udit Repuirements a.d Bost Principles for Assistance Progpams, Department of
the Interior), A-87 (Cost Principles for State and Local Governments), and A-128 (Audits of State and Local
Government)as they relate to the application, acceptance and use of Federal funds for this federally assisted project.
B. 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.
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2. The State possesses legal authority to apply for,the grant, and to finance and construct the proposed facilities. A
resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application,
including all understandings and assurances contained herein, and directing and authorizing the.person identified
as the official representative of the State to act in connection with the application and to provide such additional
information as may be required.
3. The State has the ability and,intention to finance the non-Federal share of the costs for the project. Sufficient
funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the
project.
C. Proiect Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver
of retroactivity and shall terminate at the end of the stated or amended project period unless the project is
completed or terminated sooner in which event the project shall end on the date of completion or termination.
For project elements added to a consolidated grant,the project period will begin on the date the project element is
approved.
2. The State shall transfer to the project sponsor identified in the.Application for Federal Assistance or the
Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover
administrative expenses.
3. The State will cause work on the project to be commenced within a reasonable:time after receipt of notification
that funds have been approved and assure that the project will be prosecuted'.to completion with reasonable
diligence.
4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public
Law 90-480) and DOI Section 504 Regulations(43 CFR Part 17). The State will be responsible for conducting
inspections to insure compliance with these specifications by the contractor.
5. The State shall secure completion of the work in accordance with approved,construction plans and specifications,
and shall secure compliance with all applicable Federal,State,and local laws and regulations.
6. In the event the project covered by the project agreement, including future stages of the project, cannot be
completed in accordance with the plans and.specifications for the project; the State shall bring the project to a
point of recreational usefulness agreed upon by the State and the Director or his designee.
7. The State will provide for and maintain competent and adequate architecwral/engineering,supervision and
inspection at the construction site to insure that the completed work conforms with the approved plans and
specifications;that it will furnish progress reports and such other information as the NPS may require.
8. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970,(P.L.91-646),94 Stat. 1894(1970), and the applicable regulations and
procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act
has been complied with for property to be developed with assistance under the project agreement.
9. The State will comply with the provisions of. Executive Order 11988, relating to evaluation of flood hazards;
Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive
Order 11990 relating to the protection-of wetlands.
10. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires
the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of
any Federal financial assistance for construction or acquisition purposes, for use in any area that has been
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identified as an area having special flood hazards by the Flood Insurance Administration of the Federal
Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance.
11. The State will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating
Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of any communication
from the Director of the EPA Office.of Federal Activities indicating that a facility to be utilized in the project is
under consideration for listing by the EPA. The State agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act of 1970. The State further agrees to insert this clause into any
contract or subcontract in excess of$100,000.
12. The State.will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966
as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of
1966(16 U.S.C. 469a-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(see CPR Part 800.8)by the activity, and notifying the Federal grantor
agency of the existence of any such properties, and by (b) complying with all requirements established by the
Federal grantor agency to avoid or mitigate adverse effects upon such properties.
13. The State will comply with Executive Order 12432, "Minority Business Enterprise Development as follows:
(1) Place minority business funis on bidder's mailing lists.
(2) Solicit these funis whenever they are potential sources of supplies,equipment,construction,or services.
(3) Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage
participation by these firms.
(4) For any project involving $500,000 or more in grant assistance (except for projects involving acquisition
only) the State or recipient shall submit, prior to the commencement of construction and every fiscal year
quarter thereafter until project completion, reports documenting the efforts to hire minority business funis..
These reports, SF 334, will be submitted one month following'the end of each fiscal quarter(i.e., January
31,April 30,July 31,and October 31)to the appropriate National Park Service Regional Office.
(5) The Department of the interiovis committed to the objectives of this policy and encourages all recipients of
its grants and cooperative agreement to take affirmative steps to ensure such fairness.
The National Park Service Regional Offices will work closely with the States to ensure full compliance and that
grant recipients take affirmative action in placing a fair share of purchases withminority business firms.
14. The State will comply with the intergovernmental review requirements of Executive Order 12372.
D, Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR, Part 12 (Administrative and Audit
Requirements and Cost Principles for Assistance Programs, Departmentof the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee orcontractor of any grantee or subgrantee to
any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF
agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III-J
herein.
3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service and General
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Government Appropriations Act). for procurement of.goods and services(including construction services)having
an aggregate value of$500,000 or more, the amount and,percentage (of total costs) of federal funds involved
must be:specified in any announcement of the awarding of a contract.
E. Retention and Custodial Requirements for Records
I. 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. State and local governments are authorized to substitute microfilm copies in lieu of original records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the State and local
goveniments and their subgrantees which are pertinent to a specific project.for the purpose of making audit,
examination,excerpts and transcripts.
F. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending.corrective action by the State
or pending a decision to terminate the grant.by the Service.
2. The State may unilaterally terminate the project or consolidated project element at any time prior to the fust
payment on the project or consolidated project element. After the initial payment, the project may be terminated,
modified,or amended by the State only by mutual agreement.
3. The Director may terminate the project in whole,or in part,at any time before.the date of completion, whenever
it is determined that the grantee has failed to comply with the conditions of the grant.The Director will promptly
notify the State in writing of the determination and the reasons for the termination, together with the effective
date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord
with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when
both parties agree that the continuation of the project would not produce beneficial results commensurate with the
further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new
obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as
possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations,
properly incurred by the grantee prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a state of
recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park
Service be returned.
G. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding$100,000 in Federal assistance, that no Federally appropriated funds
have been paid or will be paid,by or on behalf of the State, to any person for influencing or:attempting to influence an officer
or employee of any.agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In
compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:
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The undersigned certifies, to the best of his or her knowledge and belief, that.
(1) No Federal appropriated fiuuis have been paid or will be paid, by or on behalf of the undersigned, to any person for
bowncing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any
federal grant, the making of any Federal loan, the entering Into of any cooperative agreement, and the extension, continuatlon,
renewal. amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid-or will be paid to.any person for. influencing or
attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form 11L, '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 subawarrls at
all tiers Cncluding subcontracts, subgrants, and contracts under grants, loans,, and cooperative agreements) and that all
subreclplents shall cert fy accordingly:
T his certification Is a matenral representation offal upon which reliance was placed when.this transaction was made or entered
Into. Submission of this certification Is a prerequisite for making or entering Into this transaction Imposed by Section 1352, title
31, U.S. Code. Any person who falls to file the required certUlcation shall be subject to a civil penalty of not less than$1p,pgp
and not more than$100,000for each such failure.
H. Provision of a Druz;-Free Workplace
In compliance with the Drug-Free Workplace Act of 1988(43 CFR Part 12,Subpart D),the State certifies, as follows:
The grantee certifies that it will or continue to provide a drug free workplace.by;
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a
controlled substance Is prohibited in the grantee's workplace and specifying the actions that,will be taken against employees for
violation of such prohibition,
(b)Establishing an ongoing drug free awareness program to Worm employees about:
(1)The dangers of drug abuse in the workplace;
(2)The grrmtee's policy of maintalrttng a drug free workplace;
(3)Any available,drug counseling, rehabilitation,and employee assistance programs;and
(4)The,penalties that may.be lmposedi 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 a grant be given a copy of the statement
required by paragraph (a),
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the
employee will.
(1)Abide by the tennis of the statement,and
(2) Nott the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
(e)Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2)from an employee
or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, Including
position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected
gra:
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(fl Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to
any employee who is so convicted;
(1) Taking-appropriate personnel action against such an employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended,.or
(2)Requiring-such.employee to participate'satisfactorily in a drag abuse assistance or rehabilitation program approved
for such purposes by a Federal, State; or local health,-law enforcement,or other appropriate agency;
(9)Making a good faith effort to continue to maintain a drug free worlgil
(c), (d). (e)and(fl. ace through implementation of paragraphs (a), (b),
The State must include with its application for assistance a specification of the site(s)for the performance of work to be done in
connection with the grant.
I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply
With
all Federal laws relating to nondiscrimination, ?hese laws include, but are not limited, (a) TYtle VI of the Civtl Rights
Act of 1964(42 U.S C 200Od-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504
of the Rehabilitation Ad of 1973, as amended(29 U.S.C. 794J, which prohibits discrimination on the basis o handicap
Age Discrimination Act of 1975, as amended(42 U.S.C. 6101 et. seq.), which prohibits discrimination on the basis of age, and
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, from participation in, .be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity conducted by the applicant. THE APPLICAW HEREBY GIVES ASSURANCE
THAT it will immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or
benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal fuiandal 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 progeny. .In all.other cases, this assurance
shall obligate the Applicant for the period duning which the Federal fuwndal assistance is extended to it by the Department,
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts.
property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department,
lncluding installment payments after such date on account of applications for Federal financlal assistance which were approved
before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations
and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person
Whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant.
J. Debarnent and Suspension
Certification Regarding Debarment, Suspension and Other
Responsibility Matters -Primary Covered Transactions
(1) The prospective primary participant certifies to the best of Its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
:overed transactions by any Federal department or agency;
7
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(b) Have not within a three-year period preceding this proposal been convicted of or had a civil Judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtaln, or performing a
public(Federal, State.or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes
or commission or embezzlement, theft forgery, bribery, falsification or destruction of records, making false statement, or
receiving stolen property;
(c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph (1)(b)of this certification, and
(d) Have. not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local)terminated for cause or default.
(2) Where the prospective primary participant is unable to cerr�to any of the statements in this certification, such prospective
Paradp�shall attach an explauation to this proposal.
The State further, agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered Into with lower tier
Participants in the implementation of this.grant. Department of Interior Farm 1954(DI-1954)may be used for this purpose.
Cert(ficadon Regarding Debarmen4 Suspension, Ineligibility
and Voluntary Exclusion-Lower Ther Covered Transactions
(1) The prospective lower tier participant certtJies,by submission of this application that neither it nor its principals is
present!)'debam,4 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
trans action by any Federal:department or agency.
(2) Where the prospective lower tier participant is unable to cellify to any of the statements in this certification, such
prospective participant shall attach an explanation to this application.
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L&WCF GRANTS MANUAL CHAPTER 650.5
EEO CONTRACT COMPLIANCE
1. General. The regulations set out in this chapter implement certain
contract compliance procedures required by Executive Order 11246, as
amended, and by the Office of Federal Contract Compliance Programs
(OFCCP) of the Department of Labor (41.-CFR 60-4). These regulations
shall apply to all Land and Water Conservation Fund grants 'involving
Federally assisted construction contracts and subcontracts in excess of
$10,000. In determining whether Fund-assisted construction contracts
exceed this dollar limit, the total amount of the contract awarded rather
than the amount of Federal assistance shall apply.
2. Coordination. It is the responsibility of the State to insure that State and
local project sponsors are in compliance with these regulations. The
State will cooperate with the National Park Service and the Secretary of
the Interior in obtaining the compliance of project sponsors,
construction contractors and subcontractors with the equal opportunity
clause and the rules, regulations, and relevant orders. The State will
furnish such information as maybe required for the supervision of such
compliance, and it will otherwise assist the National Park Service in the
discharge of their.duties under Executive Order 11246, as amended (3
CFR 169), its implementing regulations (41 CFR 60), and the relevant
Orders of the Secretary of Labor.
3. Women and Minority Construction Hiring Goals. The Department of
Labor has developed regulations regarding.goals and timetables for
female and minority participation in. the construction industry (41 CFR
60-4). Certain geographic areas have been established by the Office of
.Federal,Contract Compliance-Programs for the purpose of establishing
goals for minority participation in the construction industry.. A list of
geographic. areas is found .in Appendices A and B of Women a n d
Minorities.in Construction (published by the -OFCCP in the 5/5/78
Federal Register).
A. Goals and timetables established for women are national in scope
and apply uniformly throughout the nation. As such there is one
set of goals, found in Appendix A of Women and Minorities in
Construction. (See above reference).
B. Goals and timetables established for minorities apply only in the
specific geographic areas listed in Appendix B of Women and
Minorities in Construction. (See above reference). _
4. State Responsibilities. The following are State responsibilities under
Executive Order 11246 for State sponsored, projects and responsibilities
which must be required of-local project sponsors.
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CHAPTER 650.5 L&WCF GRANTS MANUAL
A. Include the following in solicitation for offers and bids on federally
assisted construction contracts over $10,000 (not required for - >,
newspaper or advertisements):
(1) "Notice of Requirement .for Affirmative Action to Ensure
Equal Employment Opportunity," including goals which are
to :be inserted by contracting officer or applicant. (see
Attachment 650.5A): Goals may be obtained from the OFCCP.
(2) "Standard Federal Equal Employment Opportunity
Construction Contract Specification." (see Attachment
650.5B).
B. For construction contracts over $10,000,.the following must be
included in the contract:
(1) "Equal Opportunity Clause". (This may be included by
reference Attachment 650.50.
(2) "Standard Federal Equal Employment Opportunity
Construction Contract 'Specification." (See Attachment
650.5B).
(3) "Certification Non-Segregated Facilities" signed by prime
contractor and subcontractor. (See Attachment 650.5D).
C. Provide notice of contract awards subject to these provisions to
Director of OFCCP within.10 days after the award (Notice includes
name, address and telephone number of: contractor, .employer
identification number, dollar amount of:contract, estimated starting
and completion dates, contract number and geographical area in
which the contract is-to be performed)... Notice should be sent to
OFCCP's Regional Office,or Area office. The location'of'these offices
may be obtained from the OFCCP or the Regional Office oMPS.
D. Cooperate with the.Director of NPS and the Director of the;OFCCP
in the,implementationof the.program:
E. Insure that EEO posters are displayed on Federally assisted
construction sites. Posters may be obtained from the OFCCP.
F.' Insure that contractors engaged in Federally assisted construction
contracts are providing.data and reports to the.appropriate OFCCP
regional office as required.or requested. (See Section 650:5.5):
G. Insure that the provisions of the ,"Equal', Opportunity Clause"
(Attachment 650'.5C) are, followed for construction . contracts
involving force account labor.
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L&WCF GRANTS MANUAL CHAPTER 650.5
H. Carry out sanctions and penalties imposed upon the federally
assisted construction contractor or subcontractor by-the Secretary of
Labor pursuant to Executive Order 11246, and refrain from entering
into any contract subject to this Order, or extension or other,
modification of such a contract with a contractor debarred from
Government contracts under Executive Order 11246, as amended.
S. Contractor Responsibilities. The following are the responsibilities of
federally assisted construction contractors under Executive Order 11246:
A. Under Executive Order 11246, the contractor must do the following
if the contract is for $10,000 or more:
(1) Abide by the provisions of the 'Equal 'Opportunity Clause"
(Attachment 650.5C) whether it applies to government
construction contracts or whether it applies to federally
assisted construction contracts.
(2) Abide by the provisions of the following:
(a) 'Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity." (Attachment 650.5A).
(b) "The Standard Federal Equal Employment Opportunity
Construction Contract Specification." (Attachment
650.5B)
(3) Insure that personnel decisions are also in accordance with
the following:
(a) Uniform Guidelines on Employee Selection Procedures.
(b) Sex`Discrimination Guidelines.
(c) Guidelines on Discrimination Because of Religion or
National Origin.
(4) Incorporate into all subcontracts the following:
(a) "The Equal Opportunity Clause." (Attachment 650.5C).
(b) 'Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity. (Attachment 650.5A).
(c) "The Standard Federal Equal Employment Opportunity
Construction Contract Specification". (Attachment
650.5B).
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CHAPTER 650.5. L&WCF GRANTS MANUAL
(5). .Provide data and reports to OFCCP as required or requested
including the following: i
(a) One time notification within 10 days of all construction
;projects in the'designated geographic area, .federal and
nonfederal by agency, contract number, location,
estimated dollar value, percent. completed and project
completion date.:
(b) -Notification of any subsequent construction work (Federal
and non-Federal) in.the designated geographic area in
excess of$10,000.
(c) Workforce Utilization. Report to be filed monthly. (Form
CC-257).
(6) Maintain non-segregated facilities.
(7) Include a signed "Certification of Non-Segregated Facilities"
in contracts and require subcontractors to include a signed
"Certification of Non-Segregated Facilities. (See Attachment
650.5D).
(8) Expressly state in all employment solicitation or advertising
that the contractor is an Equal Opportunity Employer.
(9) Display Equal Opportunity Poster.
(10) Allow OFCCP personnel access to site, records, and employees
for purpose of determining the contractor's compliance
status.
(11) Refrain from entering into contracts with contractors
debarred from. Federal contracts or federally assisted
construction contracts Eby the Secretary of Labor.
6. Sanctions. In the event of noncompliance'with the provisions of this
chapter, sanctions outlined in Section 303(b) of Executive Order 11246
and 41 CFR 60-1.4(b) may.include one or all of the following;actions:
A. Cancellation, termination or suspension,:im whole or in part of the ,
grant.
B., Refraining from 'extending any further assistance to the project
sponsor until satisfactory assurance of future compliance has been
received.
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L&WCF GRANTS MANUAL CHAPTER 650.5
C. Referring of the case to the Department of Justice for appropriate
action.
7. Approval 9f Additional Requirements. The National Park Service will
not require or propose_ to require the performance of duties in addition
to those set forth in Executive Order 11246, as amended, its
implementing regulations, and the requirements of this chapter unless
written approval is obtained from the Department of Labor, Office of
Federal Contract Compliance Programs.
8. Complaints. States and local project sponsors receiving complaints
alleging violation of Executive Order 11246, as amended, by contractors
or by any of their subcontractors shall promptly transmit such
complaints to the appropriate Department of Labor Regional Office
(Office of Federal Contract Compliance Programs).
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L&W.CF GRANTS MANUAL CHAPTER 650.5
ATTACHMENT A
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity
Clause" and the "Standard Federal Equal Employment Opportunity
Construction Contract Specifications" set forth herein.
2. The goals and timetables for. minority and female participation,
expressed in percentage terms for the Contractor's aggregate workforce in
each trade on all construction work in the covered area, are as follows:
-----------------=-- -----------------------------
Goals for- Minority Goals for Female
TIMETABLES Participation for Participation in
Each Trade Each Trade
(Insert Goals For (Insert Goals For
Each Year) Each Year)
--------------------------------------------------
These goals are aplicable to all the Contractor's construction work
(whether or not it is Federal or federally-assisted) .performed in the
covered area.
The Contractor's compliance with the Executive Order and the
regulations in 41 CFR Part 60-4 shall.be based on its implementation of
the Equal Employment Clause, =in
fic affirmative action obligations
required by the specifications set 41 CFR 60-4.3(a), and its efforts
to meet the goals established for the geographical area where the contract
resulting from this solicitation is to be performed. The hours of
minority and female employment and training must be substantially
uniform throughout the length of the contract, and in each trade, and
the contractor shall make a good faith efort to employ minorities and
women evenly on each of its projects. The transfer of minority or
female employees or trainees from Contractor to Contractor or from
project-to-project for the sole purpose of meeting the Contractor's goals
shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60-4: Compliance. with the goals will be
measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the
Office of Federal Contract Compliance Programs within 10 working days
of award' of any construction subcontract in excess of $10,000at any tier
for construction work under the contract resulting from this solicitation.
The notification shall list the name, address, and telephone number of
the subcontractor, employer identification number; estimated dollar
amount of the subcontract; estimated starting and completion dates of
-
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CHAlyrER 650.5 L&WCF GRANTS MANUAL
ATTACHMENT A
the subcontract, and the geographical area in which the contract is to be
performed.
4. As used in this Notice, and in the contract resulting from thissolicitation, the "covered area" is (insert description of the geographical
areas where the contract is to be performed giving the state, county and
city, if any).
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L&WCF GRANTS MANUAL CHAPTER 650.5
ATTACHMENT:.B
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
(EXECUTIVE ORDER 11246)
1. As used in these specification:
A. "Covered area" means the geographic area described in the
solicitation from which this resulted.
B. "Director" means Director, Office of Federal Contract.Compliance
Programs, United States Department of Labor, or any person to
whom the Director delegates authority.
C. "Employer identification number" means the Federal Social
Security number used on the Employer's Quarterly Federal Tax
Return, U.S. Treasury Department Form 941.
D. "Minority" includes:
(i) Black (all persons having origins in any of the Black African
racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban,
Central or South American or other Spanish Culture or
origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any
of the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent, or the Pacific Islands); and
(iv) American .Indian or Alaskan Native (all persons having
origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through
membership and participation or community identification).
2. Whenever the Contractor., or any Subcontractor at any tier, subcontracts
a portion of the work involving any construction trade, it shall
physically include in each subcontract;in excess of,$10,000'the provisions
of these,specifications and the Notice which contains the applicable goals
for minority and female participation and which is set forth in the
solicitations from which the contract resulted.
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CHAPTER 650.5 L&WCr `GRANTS MANUAL
ATTACHMENT B
3. If the. Contractor is participating (pursuant to 41 CFR 60-4.5) in a
Hometown Plan approved by the U.S. Department of Labor in the
covered area either individually or through an association, its
affirmative action obligations on all work in the Plan Area (including
goals and timetables) shall be in accordance with that Plan for those
trades which have.unions participating in the Plan. Contractors must be
able to demonstrate their participation in and compliance with the
provisions of any such Hometown Plan. Each Contractor or
Subcontractor .participating in an approved Plan is individually required
to comply with its obligations under the EEO clause, and to.make a good
faith effort to achieve each goal under the Plan in each trade in which it
has.employees. The overall good faith performance by other Contractors
or Subcontractors toward a goal in an approved Plan does not excuse any
covered Contractor's or Subcontractor's. failure to take good faith efforts
to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards
provided in paragraphs 7 A through P of this Attachment. The goals set
forth in the solicitation from which this contract resulted are expressed
as percentages of the total, hours of employment and training of minority
and female utilization trade in which it has employees in the covered
area. The Contractor is expected to make substantially uniform progress
toward its goals in each craft during the period specified..
S. Neither the provisions of any collective bargaining agreement, nor the
failure by a union with whom the Contractor has a collective bargaining
agreement, to refer. either, minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order
11246, or the regulation promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees
to be counted in meeting the goals, such apprentices and trainees must
be employed by the Contractor during. the training period, and the
Contractor must have made a commitment to employ the apprentices
and trainees at the completion of their training, subject to the availability
of employment opportunities. Trainees must be trained pursuant to
training programs approved by the U.S. Department of Labor.
7. The Contractor shall take specific affirmative actions to ensure equal
employment opportunity. The evaluation of the Contractor's
compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall
document these efforts fully, ;and shall implement affirmative action
steps at least as extensive as'the following:
A. Ensure and maintain a working environment free of harassment,
intimidation, and coercion at all sites, and in all facilities at which
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L&WCF GRANTS M,-"*4UAL CHAPTER 650.5
ATTACHMENT B
the Contractor's employees are assigned to work. The. Contractor,
where possible, will assign two or more women to each g
construction project. The Contractor shall specifically ensure that 1
all foremen, superintendents,' and other on-site supervisory
personnel are aware of.and carry out the Contractor's.obligation to
maintain such a working environment, with specific attention to
in or female individuals. working at such sites or in such
facilities. .
B. Establish and maintain a current_ list of minority and female
recruitment sources, provide written notification to minority and
female recruitment sources. and to. community organizations when
the .Contractor orits. union have employment opportunities
available, and maintain a,record of the organization's responses.
C Maintain a current file of the names, addresses and telephone
numbers of each minority and female off-the-street applicant and
minority or. female referral, from a union, a recruitment source or
community organization and of what action was 'taken with respect
to each such individual. If such individual was sent to the union
hiring hall for referral and was not referred back•to the Contractor
by the union, or if referred, not employed by the Contractor, this
shall be documented in the file with the reason therefore, along
with whatever additional actions the Contractor may have taken.
D. Provide immediate written.notification to the Director when the
union .or unions with which. the Contractor . has a .collective
bargaining agreement has not referred to,the Contractor a minority
person or woman sent by the Contractor; or when the Contractor
has other information that the union referral process has impeded
the.Contractor's efforts to meet its obligations.
E. Develop on-the-job training opportunities and/or participate in
training, ;programs for the_area which expressly ,include minorities
and women, including upgrading programs and apprenticeship and
trainee programs relevant to.the Contractor's employment needs;
especially those programs funded or approved by the,Department of
Labor. The Contractor shall provide notice of these programs to the
sources compiled under 7B above.
F. Disseminate the Contractor's EEO policy, by providing notice of the
policy to unions and training programs and requesting their
cooperation in. assisting the Contractor in .meeting its EEO
obligations; by including it in any policy manual' and collective
bargaining agreement;by publicizing it in the company newspaper;
annual report, etc.;, by specific review of the. policy with, all
management personnel and with all minority and female
- -- - - - - - - - - - - -- -- - -- - - - - - - - -- -
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CHAPTER 650.5 L&Wl.r GRANTS MANUAL
ATTACHMENT B
employees at least once a year; and by posting the company EEO
policy on bulletin boards accessible to all employees at each location
where construction work is performed.
G. Review, at least annually, the company's EEO pol'icy'. and
affirmative action obligations under these specifications with all
employees having any responsibility for hiring, assignment, `layoff,
termination or other employment decisions including specific
review of these items with onsite supervisory personnel such as
superintendents, general foremen, etc., prior to the initiation of
construction work at any job site. A written record shall be made
and maintained identifying the time and place of. these meetings,
persons attending, subject matter discussed, and disposition of the
subject matter.
H. Disseminate the Contractor's EEO policy externally by including it
in any advertising in the news media, specifically including
minority and female news media, and providing written
notification to and discussing the Contractor's EEO policy with
other Contractors and subcontractors with whom the Contractor
does or anticipates doing business.
L Direct its recruitment efforts, both oral and written, to minority,
female and community organizations, to schools with minority and
female students and to minority and female recruitment and
training organizations serving the Contractor's recruitment area
and employment needs. Not later than one-month prior to tie date
for the acceptance of applications for apprenticeship or other
training by any recruitment sources, the Contractor shall send
written notification to organizations such as -the above, describing
the. openings, screening procedures, and tests to, be used in the
selection process.
J. Encourage present minority and female employees to recruit other
minority persons and women and, where reasonable, provide after
school, summer and vacation employment to minority and female
youth both on the site and in other areas of a Contractor's
workforce.
K. Validate all tests and other selection requirements where here is an
obligation to do so under 41 .CFR Part 60-3.
L. Conduct, at least annually, an inventory and evaluation at least of
all minority and female personnel for promotional opportunities
and encourage these employees to seek .or to prepare for, through
appropriate training, etc., such opportunities.
--------------------------
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L&WCF GRANTS MANUAL CHAPTER 650.5
ATTACHMENT B
M. Ensure that seniority practices, job classifications, work assignments
and other personnel practices, do not'have a discriminatory effect by
continually monitoring all personnel ' and employment related
activities to ensure that the EEO policy and the Contractor's
obligations under these specifications are being carried out.
N. Ensure that all facilities 'and company activities are nonsegregated
except that separate or single-user toilet and necessary changing
facilities shall be provided to assure privacy between the sexes. .
O. Document and maintain a record of all solicitations of offers for
subcontracts from minority and female construction contractors and
suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
P. Conduct a review, at least annually, of all supervisors' adherence to
and performance under the Contractor's EEO policies and
affirmative action obligations.
8. Contractors 'are encouraged to participate in voluntary associations
which assist in fulfilling one or more of the affirmative action
obligations (7A through P). The efforts of a contractor association, joint
contractor-union,, contractor-community, or 'other similar group of
which the contractor is a member and participant, may be;asserted as
fulfilling any one or more of its obligations under 7A through P of these
specifications provided that the-contractor actively participates in the
group, makes every effort to assure that.the group has a positive impact
on the employment of minorities and women in the industry, ensures
that the concrete benefits of the program are reflected in the Contractor's
minority and female workforce participation, makes a good faith effort to
meet its individual goals and timetables,` and can provide access to
documentation which demonstrates-the effectiveness:of actions taken on
behalf of the Contractor. The obligation to comply, however, is the
Con`tractor's and failure of such a group to fulfill an obligation shall not
be a defense for the Contractor's noncompliance.:
9. A single goal for minorities and a separate single goal for women 'have
been established. The Contractor, however, is required.-to,provide equal
employment opportunity and to take affirmative action for:all minority
groups, both male and female, and all women,:both;minority and. non-
minority. Consequently,, the `Contractor_ may be in, violation of the
Executive Order if a particular group is employed in substantially
disparate manner (for example, even though the Contractor has
achieved its goals for women generally; the Contractor maybe in
violation of`the Executive Order if a specific minority group of women is
underutilized).
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CHAPTER 650.5 L&WLri GRANTS MANUAL
ATTACHMENT B
10. The Contractor shall not use the goals and timetables of affirmative
action standards to discriminate against any person because of race, color,
religion, sex, or national origin.
11. The 'Contractor shall not enter into any subcontract.with .any person or
firm debarred from, government contracts pursuant to Executive Order
11246.
12. The Contractor`shall carry out such sanctions and penalties for violation
of these specifications and of the Equal Opportunity Clause, including
suspension, termination and cancellation of existing subcontracts as may
be imposed or ordered pursuant to Executive Order 11246, as amended,
and its implementing regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails to carry out such
sanctions and penalties shall be in violation of these specifications and
Executive Order 11246, as amended.
. 13. The Contractor, in fulfilling its obligations under these specifications,
shall implement specific affirmative action steps, at least as extensive as
those standards prescribed in paragraph 7 of this Attachment, so as to
achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of
the Executive Order, the implementing regulations, or. these
specifications, the Director shall proceed in accordance with 41 CFR 60-
4.8.
14. The Contractor shall designate a responsible official to monitor all
employment related activity to ensure that the company EEO. policy is
being carried out, -.to submit reports relating to the provisions hereof as
may be required by the Government and keep records. Records shall at
least include for each employee the name, address, telephone numbers,
construction trade, union affiliation if any, employee identification
number when assigned, social security number, race, sex, status (e.g.,
mechanic, apprentice, trainee, helper, or laborer), dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and
locations at which the work was performed. Records shall be
maintained in an easily understandable and retrievable form; however,
to the degree that existing records satisfy this requirement, contractors
shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon -the
application of other laws which .establish different standards of
compliance or upon the application.of'requirements for hiring of local or
other area residents (e.g., those under the Public Works Employment Act
of J977 and the Community Development Block Grant Program).
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L&WCF GRANTS MANUAL CHAPTER 650.5
ATTACHMENT C
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE -
The applicant hereby agrees that it.will incorporate or cause to be incorporated
into. an contract for construction work, or modification.thereof, as defined in
the regulations of the Secretary of Labor at 41 CFR Chapter 60; which is paid
for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the.Federal Government. pursuant to a grant,
contract, loan insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant;:contract, loan; insurance, or guarantee, the
following equal.opportunity clause.
During the performance of.,this contract, the contractor agrees as follows:
1. The contractor will not discriminate against;any employee-or applicant
for*employment because.of race, color, religion, sex,:or national origin.
The contractor will take affirmative action-,to ensure. the applicants are
employed, and. that employees are treated during employment without
regard to,their race,'color, religion,,sex, or national origin, such action
shall include, but not be limited to the following: . employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor 1 agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations-or (advertisements for employees
placed by or on behalf of the contractor, state that'all qualified applicant
will receive considerations for employment without regard to race, color,
religion, sex, or national origin.
3. The contractor will send to each labor union or representative of
workers with which he has:a collective bargaining agreement or other
contract or understanding,•a notice to be provided.advising the said labor
union or workers representatives of the contractor's commitments
under .this:section, and shall post .copies of the notice in conspicuous
places.available to employees and applicants for employment. .
4. The contractor will comply with all:provisions.of Executive Order 11246
:of.September 24, 1965, and of the rules, regulations, and relevant orders
of the.Secretary of;Labor.
5. The contractor will.furnish all information and reports required by
Executive Order'11246 of September 24, 1965, and.by rules, regulations,
and orders,of the Secretary of Labor,-or pursuant thereto, and will permit
access to his. books, records, and accounts by the administering agency
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CHAPTER 650.5 L&WC.�• 'GRANTS MANUAL
ATTACHMENT C
and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with ; the
nondiscrimination clauses of this contractor with ,any of the said rules,
regulations, or orders, this contract may be canceled, .terminated, or
suspended in whole or in part and the contractor, may be declared
ineligible for further "Government contracts or federally assisted
construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and.remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
7. The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the provisions of paragraphs (1) through (7)
in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of .
enforcing such provisions, including sanctions for noncompliance;
provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency the contractor may
request the United States to enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work; provided, that if the
applicant so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on
or under the contract.
The applicant agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal opportunity
clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it will furnish the administering agency and the Secretary of
Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in
the discharge of the agency's primary responsibility for securing
compliance.
Manual Release 151
Replaces all preceding manual releases
2
L&WCF GRANTS MhN JAL CHAPTER 650.5
ATTACHMENT C
The applicant further agrees that it will refrain from entering into any 'E
contract or contract modification subject to Executive Order 11246 of
September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant-to the:Executive Order and will carry out
such sanctions and 'penalties .for violation of the equal opportunity
clause as may,The imposed...upon contractors and, subcontractors by the
administering agency or the Secretary of Labor pursuant to. Part II,
Subpart D of the,Executive Order.. In addition, the applicant agrees that if
it :fails or refuses to comply.with these undertakings, :the administering
agency-may take any or all of the following actions: cancel, terminate, or
suspend in whole or in part this .grant contract, loan, insurance,
guarantee; refrain from, extending any further assistance.to the applicant
under the program with respect to which the failure or refund occurred
until satisfactory assurance of future compliance has been received from
such applicant; and refer .the case to ,the Department of Justice for
appropriate legal proceedings.
- ---- - -- - - - - - -- -- - - - -- - - --- -- -
Manual Release 151
Replaces all preceding manual releases
3
4.10 LAND At WATER CONSERVATION F JD GRANT PROGRAM
Agency Billing Form
Project Sponsor: NPS# OP#
Project Name:
Date of Approval: Date Work Started End of Billing Period Billing#
Partial ❑ Final ❑
DETAIL OF PROJECT COSTS Costs Incurred Costs Billed Total Costs
This Period Previously To Date
Salaries and Wages $ $ $
Contract Payments
Consultant Services
Equipment Rental (Owned)
Equipment Rental Outside
Materials and Supplies
Approved Pro-Agreement Costs
Real Pro a 'Costs
Relocation.Costs
Value of Approved Donations
Other
r
T OF PROJECT
n Excess of A reement
LE COSTS PER
NT
Funds Used
O BE BILLED NPS
I certify that this billing is correct and is based upon actual costs incurred by this agency.
I also certify that the work and services which have been performed to date are in accordance with
the approved project agreement including amendments thereto;and that this agency has complied
with all applicable State and local statutes.
I further certify that this agency is not involved in any court litigation or lawsuit wherein it is alleged
by private parties of the United States that persons were,on the grounds of race,color or national
origin excluded from;participation in,denied benefits of,orotherwise subject to discrimination in the
programs or facilities of this agency.
Signature of Agency's Authorized Official Title Date
Person to Contact for Audit .Address Phone Number
Page 69
4.10 LAND AN NATER CONSERVATION FL. .J GRANT PROGRAM
Agency Billing Form
Project Sponsor• NPS# OP#
Project Name:
Date of Approval; Date Work Started End of Billing.Period Billing
AL
Partial❑ Final ❑
DETAIL OF PROJECT COSTS Costs Incurred Costs Billed Total'Costs
This Period Previously To Date
Salaries and Wanes S $ $
Contract Payments
Consultant Services
Equipment Rental (Owned)
E ul ment Rental Outside
Materials and Su lies
Approved Pre-Agreement Costs
Real Pro a Costs
Relocation Costs
Value of Approved Donations
Other
TOTAL COST OF PROJECT
Less Costs in Excess of Agreement
ALLOWABLE COSTS PER AGREEMENT
Less Other Funds Used
AMOUNT TO BE BILLED NPS
I certify that this billing Is correct and is based upon actual costs incurred by this agency..
I also certify that the work and services which have been performed to date are in accordance with the approved project
agreement including amendments thereto; and that this agency has complied with all applicable State and local statutes.
1 further certify that this agency is not involved in any court litigation or lawsuit wherein it is alleged by private parties of the
United States that persons were,on the grounds of race,color or national origin excluded from participation in,denied benefits
of, or otherwise subject to discrimination in the programs or facilities of this agency.
Signature of Agency's Authorized Official Title' Date
Person to Contact for Audit Address Phone Number
For OPRD Use Only:
Date: Authorized Signature: Amount:
71
4.7 ACCOUNTING INSTRUCTIONS FOR LOCAL GOVERNMENT PARTICIPATING
IN THE NATIONAL PARK SERVICE'S LAND AND WATER CONSERVATION
FUND PROGRAM
In any program where reimbursement is requested for a portion of project costs,adequate records
are essential. There,should be definite supporting evidence for each Item of cost claimed —
estimates are not sufficient.
In order to promote a better understanding of the records required and to avoid the possibility of
having costs disallowed at the time of audit,the following accounting procedures are suggested for all
NPS (LWCF)projects.
A separate account should be established for each approved project. The ledger sheet, IBM card or
tape should include the project number and name. It should be maintained in such a manner(e.g.,
separate columns on a ledger sheet)that payment for salaries,contracts,equipment rental,supplies
and other items listed on the Agency Billing Form can be accumulated separately.
Each entry in the account must be cross-referenced to a voucher,payroll invoice or other supporting
document. Each payment must be supported by a cancelled check or warrant
Salaries and Wages-An authorized official should sign Payrolls and time and attendance records
should support wages paid for each employee. Special care should be taken to distinguish between
difference phases of development(i.e., separate projects in theme area, and between different
locations developed at same time and/or with similar construction).
Any fringe benefit rates used should be developed using actual historical costs, and individual
components should be Identified.
Cash and In-Kind Contributions-The value of in-kind contributions may be used as all or part of
the project sponsor's share of the project costs.
Contract Payments Payments made by the project sponsor should be supported by a statement or
invoice from the contractor or the project architect or engineer. The document must,ldentify the
project and the service performed. NPS construction contracts that exceed $10,000.00 must be
advertised forbid. Documentation for the bidding procedure will be required at the time of audits(i.e.,
advertisement for bid, bid tabulation, original bid proposal, change orders, and a copy of the final
contract.)
Consultant Services-Payments made by a project sponsor should be supported by a statement or
Invoice from the consultant. The project sponsor should enter into a contract and/or include the
estimated costs in the original application for assistance. Payments made by the project sponsor
may be for per diem, salary, and fee for service and may include payment for the travel or other
services. A cost-plus-a-percentage of costs payment Is not allowable under federal regulations.
Proper consultant selection procedures must be followed and proper documentation maintained for
audit.
Equipment Rental(Owned)-Equipment rental cost(for owned equipment)should be supported by
time records and by a schedule of hourly rates developed from actuaihistoricalcosts,or in the event
no previous cost data exists, from reasonable estimates of
such factors as useful life,annual hours of use,tire replacement schedule, insurance premiums,etc.
These estimated rates must.be adjusted each year based on the previous year's actual costs.
Egulpment Rental (Outsidel - Payments made by the project sponsor for equipment rented for
specific project are generally allowed under federal,regulations. A statement must support payments
made by the project sponsor or invoice from the vendor that indicates the time period the equipment
was rented.
66
Materials and Supplies—Supplies and materials charged to the project should be supported by
purchase orders and supplier's invoices, if purchased for a specific project, or be approved
requisitions. or similar documents; if issued from stock; unit prices for stock issues should be
traceable to actual invoices and/or other historical cost data.
Approved Pro-Agreement Cost Pre-agreement costs for design and engineering, site
investigations and selection,site planning,etc.,up toithree years in,advanoe of the approved project
period are allowable under NPS regulations. These costs must be included in the application for
assistance and'be supported by documentation that indicates the type of service and'tlme period.
Value of Approved Donations(Non-Cash)-The method and evaluation and charges for volunteer
services,material,and equipmentmust be documented and approved by the State priorto donations
being applied to reimbursement request&in order for such contributions to be considered as part of
the sponsor`s matching share. Donations must be included in the.project application and approved in
advance by OPRD.
Allowable Costs - The principles and standards for determining costs applicable to this grants
program are found in OMB Circular A-87. Allowable costs include personal services,fringe benefits,
consultant services, equipment, supplies and materials, information and interpretation costs,
construction, administrative and supporting expenses, costs of purchase of real property and of
Interests in real property, cost of real property purchased from other public agencies, costs of real
property acquired through exchanges; real property acquired by donation, master planning(actual
development costs must be of at least equal cost to the master plan),and other miscellaneous costs.
Unallowable Costs-Unallowable costs include,but are not limited to: Ceremonial or entertainment
expenses,publicity,bonus payments,contingency reserves,charges in excess of lowest bid,,deficits
-or overdrafts, interest expense, operation and maintenance costs of outdoor recreation areas and
facilities, maintenance equipment, employee facilities, donations to charitable organizations, fines
and penalties,lobbying and legal and professional fees paid in connection with fund raising activities.
Audit-An audit will be made after completion of the project to verify your billing. Please attach all
documentation to support your billing request.. A State Auditor may contact'you several days in
advance to arrange a convenient time for an on-site audit or will complete a desk review of the
documentation submitted. To expedite the on-site audit, please have all supporting documents
available.
67
4.9 DOCUMENTATION REQUIRED FOR FINAL BILLINGS AND AUDITS OF
DEVELOPMENT PROJECTS
Note: .Depd`nding on the,Project, some.items may not;be required. For example: Items 2,
3, 4 and 6 would not apply to a project completed entirely by your own employees.
Please attach copies,of required documentation to final billings.
._ Jr. Project ledger sheet or other detailed listing of expenditures.
2. Affidavit of publication. Supplied by the newspaper when you advertise for bids.
3.- Minutes of any meeting at which action is taken on-bids received. Should be dated and
signed by responsible official.
4. Contractor invoices (or final progress payment, if countersigned by contractor
acknowledging payment of all prior charges, and If the cost of each major work item is
shown):
5. All other invoices. Not monthly statements.
- 6. Cancelled checks to contractor. (Copy both sides).
7. All other cancelled checks. (Copy both sides).
8. Employee time records.
9. Individual earnings records for the calendar year, or payroll journals. Should show
gross wages, withholdings and net pay for each pay period.
10: Equipment rental time records.
11. Detailed schedule showing how you computed owned-equipment rental rates. For
donated equipment time, you may use hourly rates published in rental compilation or
rental rate guide, or other publications,which provide national or regional average rates.
12. Detailed schedule showing how you computed rates for payroll additives (fringe
benefits).
69
7.3 Volunteer or Donated Labor Timesheet
Project Title: Project M
Volunteer Name: Phone#
Address:
Professional and technical personnel,consultants,and other skilled'and unskilled labor may furnish volunteer
services. Each hour of volunteered service may be counted as matching share if the service is an Integral
and necessary part of an approved project.
Records of in-kind contributions of personnel shall include time sheets containing the signature of the person
whose time is contributed and of the supervisor verifying that the record Is accurate.
Rates for volunteer should.be consistent with those regular rates paid for similarwork in other activities of the
State. In cases where the kinds of skills required for the project are not found in other activities by the
grantee, rates used should be consistent with those paid for similar work in the labor market in which the
grantee competes for the kind of services Involved. The time of aperson donating services will be valued at
the rate of pay as a general laborer unless'the person Is professionally skilled inthe work being performed on
the prcject'(i:e., plumber doing work on pipes, mason doing work on a brick building). If this is the,case,the
wage rate his individualis normally paid for performing this service maybe charged to the project Ageneral
laborer's wages may be charged In the amount of that which the grantee would pay their employees for
performing.similar duties.
Date Hourly Rate Hours Worked Description of Work Initials
From—To
Signature of Person Volunteering or Donating Time Date
Project Supervisor Signature Date
Total Hours Worked X
Rate of Pay Total.Value of Hours This Sheet
97
7.4 Donated Materials or Supplies Record
Project Title: Project#:
Donor: Phone#
Address:
Prices assessed to donated materials included.in the matching share should be reasonable
and should not exceed current market prices at the time they are charged to the project.
Records of in-kind contributions of in-kind contributions of material shall indicate the fair
market value by listing the comparable prices and vendors.
Date Description of Donated Materials or Supplies Fair Value of Is this full
Donation retail value?
Signature of Person Donating Materials or Supplies Date
Project Supervisor Signature Date
.Total Value of Donation This Sheet$
99
7.5 Donated Equipment Record
Project Title: Project#:
Donor: Phone#:
Address:
The hourly rate for donated equipment used on a project shall not exceed its fair-rental
value. Records of in-kind contributions of equipment shall include schedules showing the
hours and dates of use and the signature of the operator of the equipment.
Date Description of Equipment Used Hourly Rate Number of
of Donated Hours Used
E ui ment
Signature of Person Donating Equipment Date
Project Supervisor Signature Date
Total Value of Donation This Sheet$ .
101
F ..t
Parks and Recreation Department
UIPE%;gon 725 Summer Street NE,Suite C
•..869 Theodore�R.Kulongoski,Governor Salem,OR 97301-1266
(503)986-0707
August 4,2005 FAX(503)986-0794
WWW.Oregonstateparks.org
0RE.G'0
Mr. Duane Roberts T77
City of Tigard PARKS
13.125 SW Hall Blvd.
Tigard,OR 97223
RE: NOTICE TO PROCEED
Tualatin River Trail
City of Tigard, OP 2476
NPS 41-01539
Dear Mr. Robe
We are pleasePo' notify you that the Oregon Parks and Recreation Department and the
National Park Service have approved the above referenced project. Enclosed is your
signed copy of the State/Local Agreement.
We have reviewed the documentation that was submitted for the project and have found it
to be adequate for the purpose intended. Please send me your final construction plans
and specifications for the project.
You are authorized to complete the project under the terms of the State/Local Agreement,
the Land and Water Conservation Fund Act, and the General Provisions attached to the
agreements.
You may bill OPRD for documented costs up to 90% incurred during the project period.
The remaining 10% may be reimbursed when the project is completed and accepted by
OPRD. Billing form enclosed.
If you have any questions or need further assistance please call me at(503) 986-0711.
Sincerely4o4ppincyottr)Maril.
Senior Grants Project Officer
Enclosures
mal
63400-0806y