Agenda-Book-6.18.19-1.pdf - City of Eufaula

Posted at City Hall, 17 Hospital Drive, Eufaula, OK 74432 and at Community Center, 121 High

Street, Eufaula, OK 74432 (the location of the meeting) on June 13, 2019 @ 12:00 P.M.

CITY OF EUFAULA, OK Community Center

121 High Street

Eufaula, OK 74432

SPECIAL MEETING

TUESDAY

JUNE 18, 2019

12:00 p.m.

City Council and Eufaula Public Works Authority

The City of Eufaula encourages participation from all its citizens in public meetings. If

participation is not possible due to a disability, notify the City Clerk, in writing, at least forty eight

hours prior to the scheduled meeting and necessary accommodations will be made (ADA

28CRF/36).

Council Rules of Decorum limit citizen comments on agenda items, non-agenda items, and public

hearings to five (5) minutes. Any person desiring to address the Council during such period is

required to sign in with the City Clerk, provide their name, address and specify the agenda item

they wish to address. Remarks shall be directed to the matter being considered and the speaker is

allowed to speak only one time. If written materials are to be submitted ten (10) copies should be

made available, and may not be returned. Under Oklahoma Law, the Council Members are

prohibited from discussing or taking any action on items not on today’s agenda.

City Council

Mayor James Duty

Vice Mayor Frank Davis

Council Member Nancy Mouser

Council Member Nick Pendley

Council Member Todd Warren

AGENDA

EUFAULA PUBLIC WORKS AUTHORITY

JUNE 18, 2019

12:00 P.M.

1. CALL TO ORDER MAYOR JAMES DUTY

2. ROLL CALL ATTENDANCE CITY CLERK, VALARIE COX

3. OATH OF OFFICE CEREMONY FOR COUNCILMEMBER TODD WARREN.

4. CONSIDER AND TAKE ACTION WITH RESPECT TO A RESOLUTION OF THE

EUFAULA PUBLIC WORKS AUTHORITY (THE “AUTHORITY”) APPROVING AND

AUTHORIZING A DRINKING WATER SRF LOAN FROM THE OKLAHOMA WATER

RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF

$6,185,000.00; APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE

TOTAL AGGREGATE PRINCIPAL AMOUNT OF $6,185,000.00, SECURED BY A

PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND

AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR DRINKING

WATER SRF LOAN; APPROVING AND AUTHORIZING THE EXECUTION OF A

MORTGAGE WITH POWER OF SALE AND SECURITY AGREEMENT; RATIFYING

AND CONFIRMING AN AMENDED LEASE AGREEMENT AND OPERATION AND

MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF EUFAULA,

OKLAHOMA AND THE AUTHORITY PERTAINING TO THE WATER, SANITARY

SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS LEASED TO THE

AUTHORITY; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT;

APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING

PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS

RELATING THERETO.

5. Discuss and consider for approval entering in to Consent Order 18-241 with the Oklahoma

Department of Environmental Quality.

6. ADJOURNMENT

City Council

Mayor James Duty

Vice Mayor Frank Davis

Council Member Nancy Mouser

Council Member Nick Pendley

Council Member Todd Warren

AGENDA

EUFAULA CITY COUNCIL

JUNE 18, 2019

12:00 P.M.

1. ROLL CALL ATTENDANCE CITY CLERK, VALARIE COX

2. CONSIDER AND TAKE ACTION WITH RESPECT TO A RESOLUTION

OF THE CITY OF EUFAULA, OKLAHOMA (THE “CITY”) APPROVING

ACTION TAKEN BY THE EUFAULA PUBLIC WORKS AUTHORITY (THE

“AUTHORITY”) AUTHORIZING ISSUANCE, SALE AND DELIVERY OF

A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA

WATER RESOURCES BOARD; RATIFYING AND CONFIRMING AN

AMENDED LEASE AGREEMENT AND OPERATION AND

MAINTENANCE CONTRACT PERTAINING TO THE CITY’S WATER,

SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION

SYSTEMS LEASED TO THE AUTHORITY; RATIFYING AND

CONFIRMING A SALES TAX AGREEMENT; AND CONTAINING OTHER

PROVISIONS RELATED THERETO.

3. Discuss and take any necessary action on application for Land and Water

Conservation Fund Grant from Oklahoma State Parks.

4. ADJOURNMENT

Public Works Authority Agenda Item No. 3

Meeting Date: June 18, 2019

Agenda Item Memo

Item Title: CONSIDER AND TAKE ACTION WITH RESPECT TO A RESOLUTION OF THE EUFAULA PUBLIC WORKS AUTHORITY (THE “AUTHORITY”) APPROVING AND AUTHORIZING A DRINKING WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $6,185,000.00; APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $6,185,000.00, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR DRINKING WATER SRF LOAN; APPROVING AND AUTHORIZING THE EXECUTION OF A MORTGAGE WITH POWER OF SALE AND SECURITY AGREEMENT; RATIFYING AND CONFIRMING AN AMENDED LEASE AGREEMENT AND OPERATION AND MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF EUFAULA, OKLAHOMA AND THE AUTHORITY PERTAINING TO THE WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS LEASED TO THE AUTHORITY; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO. Initiator: Staff. Staff Information Source: Jacob Foos, City Manager. Background: Ben Oglesby, Municipal Financial Services, and Allan Brooks or Nate Ellis, Public Finance Law Group, will present and answer questions. Financial Impact: Discussed. Attachment: Resolution 19-6-6. Recommended Action: Approval of the item.

PURSUANT TO THE LEGAL NOTICE AS IS REQUIRED BY THE OKLAHOMA OPEN MEETING ACT INCLUDING THE POSTING OF NOTICE AND AGENDA AS IS REQUIRED BY THE TERMS THEREOF, THE BOARD OF TRUSTEES OF THE EUFAULA PUBLIC WORKS AUTHORITY, EUFAULA, OKLAHOMA MET IN SPECIAL SESSION AT THE EUFAULA COMMUNITY CENTER, 121 HIGH STREET, EUFAULA, OKLAHOMA, ON THE 18TH DAY OF JUNE, 2019, AT 12:00 P.M.

PRESENT: ABSENT:

(OTHER PROCEEDINGS)

Thereupon, the Chairman introduced a Resolution which was read. Trustee __________ moved that the Resolution be adopted and Trustee ________ seconded the motion. The motion carrying with it the adoption of the Resolution prevailed by the following vote:

AYE: NAY:

The Resolution as adopted is as follows:

RESOLUTION NO.

A RESOLUTION OF THE EUFAULA PUBLIC WORKS AUTHORITY (THE “AUTHORITY”) APPROVING AND AUTHORIZING A DRINKING WATER SRF LOAN FROM THE OKLAHOMA WATER RESOURCES BOARD IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $6,185,000.00; APPROVING THE ISSUANCE OF A PROMISSORY NOTE IN THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF $6,185,000.00, SECURED BY A PLEDGE OF REVENUES AND AUTHORIZING ITS EXECUTION; APPROVING AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT FOR DRINKING WATER SRF LOAN; APPROVING AND AUTHORIZING THE EXECUTION OF A MORTGAGE WITH POWER OF SALE AND SECURITY AGREEMENT; RATIFYING AND CONFIRMING AN AMENDED LEASE AGREEMENT AND OPERATION AND MAINTENANCE CONTRACT BY AND BETWEEN THE CITY OF EUFAULA, OKLAHOMA AND THE AUTHORITY PERTAINING TO THE WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS LEASED TO THE AUTHORITY; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT; APPROVING VARIOUS COVENANTS; APPROVING AND AUTHORIZING

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PAYMENT OF FEES AND EXPENSES; AND CONTAINING OTHER PROVISIONS RELATING THERETO.

WHEREAS, The Eufaula Public Works Authority, McIntosh County, Oklahoma (the “Borrower”), was organized under Title 60, Oklahoma Statutes 2011, Sections 176-180.4, as amended, for the purpose of furthering the public functions of the City of Eufaula, Oklahoma (the “City”); and

WHEREAS, the Borrower is authorized and has determined to construct improvements to the Borrower’s water system (the “Project”) in order to better serve the customers of said Borrower and in payment of part of the cost thereof, to seek money in the form of a Drinking Water SRF Loan from the Oklahoma Water Resources Board (the “Board”) in the amount of $6,185,000.00; and

WHEREAS, the Board has approved a loan application of the Borrower and the Borrower has determined to borrow money from the Board to accomplish the Project and to evidence such loan by the issuance of the Borrower’s Series 2019 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board in the original principal amount of $6,185,000.00 (the “2019 Note”), said 2019 Note being secured by a lien on the revenues derived from the water, sanitary sewer, and garbage and trash collection systems (hereinafter collectively, the “System”) and a lien on the proceeds of a three and one-half of one percent (3.50%) sales tax (referred to herein as the “Sales Tax Revenue”); provided, said mortgage, pledge and lien shall be on a parity in all respects with the Borrower’s (i) Series 2012 Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated February 24, 2012, issued in the original aggregate principal amount of $4,035,000.00, (ii) Utility System and Sales Tax Revenue Note, Taxable Series 2014A dated August 29, 2014, issued in the original principal amount of $2,165,000.00, (iii) Utility System and Sales Tax Revenue Note, Series 2014B dated August 29, 2014, issued in the original principal amount of $4,410,000.00, (iv) Series 2015 Clean Water SRF Promissory Note to Oklahoma Water Resources Board dated December 8, 2015, issued in the original aggregate principal amount of $675,000.00; and (v) Series 2018 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board dated December 6, 2018, issued in the original principal amount of $1,000,000.00 (collectively, the “Existing Indebtedness”); and

WHEREAS, it is the desire of the Borrower to authorize the execution and delivery of any and all documents necessary or attendant to the issuance of the 2019 Note.

NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE EUFAULA PUBLIC WORKS AUTHORITY, MCINTOSH COUNTY, OKLAHOMA:

Section 1. Issuance of Note. The Borrower is hereby authorized to accept said loan and issue its 2019 Note payable to the Board and secured by a pledge of revenue derived from the operation of the System and a year-to-year pledge of certain sales tax revenue. The officers of the Borrower are hereby authorized and directed to execute said 2019 Note and to do any and all lawful things to effect said loan and secure said loan from the Board, provided that the principal amount of the 2019 Note shall be $6,185,000.00, and the rate of interest on the 2019 Note shall be a fixed rate of interest of two and fifty-four hundredths of one percent (2.54%) per annum inclusive of administrative fees of one half of one percent (1/2%).

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Section 2. Execution of Loan Agreement for Drinking Water SRF Loan. The Loan Agreement for Drinking Water SRF Loan by and between the Borrower and the Board (the “Loan Agreement”) is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Loan Agreement.

Section 3. Designation of Local Trustee and Execution of Trust Agreement. The Borrower hereby designates BOKF, NA, to serve as local trustee (the “Local Trustee”) of certain funds in relation to the 2019 Note. The Trust Agreement by and between the Borrower and the Local Trustee, pertaining to the 2019 Note (the “Trust Agreement”) is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to carry out the terms and conditions of said Trust Agreement.

Section 4. Execution of Mortgage with Power of Sale and Security Agreement. The Mortgage with Power of Sale and Security Agreement by the Borrower in favor of the Board (the “Mortgage”), whereby the Borrower gives a mortgage on the System to the Board to secure payment of the 2019 Note is hereby approved and the Chairman or Vice Chairman and Secretary or Assistant Secretary are hereby authorized to execute same for and on behalf of the Borrower, and do all other lawful things to carry out the terms and conditions of said Mortgage.

Section 5. Lease Agreement. The Amended Lease Agreement and Operation and Maintenance Contract between the Borrower and the City dated as of August 1, 2014 (the “Lease Agreement”), whereby the City leased its water, sanitary sewer, and garbage and trash collection systems to the Borrower and whereby the Borrower agreed to operate and maintain said systems, is hereby ratified and confirmed and the term of said Lease Agreement shall extend until the 2019 Note is paid.

Section 6. Sales Tax Agreement. The Sales Tax Agreement dated as of August 1, 2014, by and between the City and the Borrower (the “Sales Tax Agreement”), which Sales Tax Agreement pertains to the year-to-year pledge of certain sales tax revenue for purposes of securing the 2019 Note and all indebtedness secured on a parity therewith, is hereby ratified and confirmed.

Section 7. Covenants of Borrower. Until payment in full of the 2019 Note and performance of all obligations owing to the Board under the Loan Agreement and the instruments executed pursuant hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its intent to abide by and carry out the covenants contained in the Mortgage and the Loan Agreement, which covenants are incorporated herein in their entirety.

Section 8. Fees and Expenses. Upon closing of the referenced loan, the officers of the Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the Borrower) those fees and expenses set forth on Exhibit “A” hereto, together with such other fees and expenses as will be set forth on the Borrower’s Closing Order to be executed in connection with the closing of the financing referenced herein.

Section 9. Necessary Action. The Chairman or Vice Chairman and Secretary or Assistant Secretary of the Borrower are hereby further authorized on behalf of the Borrower to accept, receive,

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execute, attest, seal and deliver the above mentioned documents and all additional documentation, certifications and instruments and to take such further actions as may be required in connection with the transactions contemplated hereby, and are further authorized to approve and make any changes to the documents approved by this Resolution, for and on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the approval of any terms contained therein.

[Remainder of Page Left Blank Intentionally]

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ADOPTED AND APPROVED THIS 18TH DAY OF JUNE, 2019. THE EUFAULA PUBLIC WORKS AUTHORITY

__________________________________________ Chairman ATTEST: ____________________________________ Secretary (SEAL)

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STATE OF OKLAHOMA ) )SS COUNTY OF MCINTOSH ) I, the undersigned, Secretary of The Eufaula Public Works Authority, McIntosh County, Oklahoma, an Oklahoma public trust, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the Board of Trustees of said public trust held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the “Open Meeting Law” was complied with for such meeting. GIVEN UNDER MY HAND THIS 18TH DAY OF JUNE, 2019. (SEAL) __________________________________________ Secretary

Exhibit A - page 1

EXHIBIT “A” Fees and Expenses Paid at Closing The Public Finance Law Group PLLC Legal Fee and Out-of-Pocket Expenses 1.25% of principal amount of 2019

Note, plus reimbursement of expenses of $2,500.00

Kay Robbins Wall, Esq. Legal Fee and Out-of-Pocket Expenses 0.625% of principal amount of 2019

Note Municipal Finance Services, Inc. Financial Advisory Fee and Expenses 1.0% of principal amount of 2019

Note, plus reimbursement of expenses of $2,500.00

BOKF, NA Trustee Bank Acceptance Fee $500.00

$6,185,000 The Eufaula Public Works Authority Series 2019 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board June 18, 2019

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PROPOSED FINANCING AND RELATED RISKS

$6,185,000 The Eufaula Public Works Authority

Series 2019 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board

(the “2019 DWSRF Note”)

Borrower: The Eufaula Public Works Authority (the “Authority”) Purpose: Fund costs related to capital improvements to the water distribution system

of the City of Eufaula. In 2018, the Authority issued its $1,000,000 Series 2018 DWSRF Note for the same purpose.

Funding Source: Drinking Water State Revolving Fund (DWSRF), co-administered by

OWRB and ODEQ Interest rate: Fixed all-in rate of 2.54% (2.04% interest rate + 0.50% OWRB

Administrative Fee) Final Maturity: September 15, 2050 Optional Redemption: DWSRF Notes may not be redeemed (paid off) prior to the stated maturity

without written consent of the OWRB. Draw-down Feature: DWSRF loans have a draw-down feature (interest calculated based on

funds drawn). Any funds not drawn can be de-obligated and the principal payback schedule adjusted accordingly.

Security: A pledge of revenues of the water, sanitary sewer, garbage and trash

collection systems, 3.5% sales tax, and mortgage on the utility system, on a senior lien parity basis with the EPWA's outstanding debt.

EPWA Outstanding Debt: $4,035,000 Series 2012 Clean Water SRF Promissory Note to OWRB;

$2,165,000 Utility System and Sales Tax Revenue Note, Series 2014A; $4,410,000 Utility System and Sales Tax Revenue Note, Series 2014B; $675,000 Series 2015 Clean Water SRF Promissory Note to OWRB; $1,000,000 Series 2018 Drinking Water SRF Promissory Note to OWRB

Interest Payments: Semi-annual, every March 15th and September 15th, beginning 9/15/2019 Principal Payments: Semi-annual, every March 15th and September 15th, beginning 3/15/2021.

Principal payments are structured to minimize debt service payments until Fiscal Year 2028, when other debt obligations of EPWA mature, thus creating additional cash flow to pay debt service on the 2018 and 2019 DWSRF Notes. Principal payments are scheduled on a preliminary basis until construction completion. After construction completion, principal amortization schedule may be revised to (1) reflect actual loan funds advanced and (2) smooth payments.

Rate Covenant: (1) Rates and charges for the System shall be sufficient to provide funds

which, together with the pledged sales tax, will provide Net Revenues

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Available for Debt Service of at least 125% of the maximum annual debt service on all secured obligations. (2) Rates and charges for the System shall be at least sufficient to provide monies for Operation and Maintenance Expenses of the System.

Bond Counsel: The Public Finance Law Group PLLC, Oklahoma City Authority Counsel: Kay Robbins Wall, Esq., Eufaula Trustee: BOKF, NA, Tulsa Financial Advisor: Municipal Finance Services, Inc., Edmond Consulting Engineer: Cowan Engineering Group Anticipated Closing Date: June 19, 2019 Material Risks: Default risk: If the Authority is unable to pay its debt obligations, creditors

may act. This risk is mitigated by the Authority’s ability to adjust utility rates if it has difficulty meeting its debt obligations.

Interest rate risk: Interest rates may become more favorable to the Authority at a future date. This risk is mitigated somewhat by low interest rate in today’s marketplace. However, even more favorable interest rates may exist in the future if the Authority decided to delay the financing of the project. This risk must be weighed against the need to complete the project in a timely manner (including, among other factors, the risk of project costs rising in the future) and the availability of any cash on hand to fund the project.

Redemption risk: Authority may not have the option of redeeming the 2019 DWSRF Note early to take advantage of lower interest rate or better terms.

Reinvestment risk: Authority may not be able to earn interest on project funds from the 2019 DWSRF Note equal to the rate of interest on the 2019 DWSRF Note, resulting in negative arbitrage. This risk is significantly mitigated by the draw-down feature. Tax Compliance Risk: The 2019 DWSRF Note requires that the Authority must adhere to certain IRS regulations covering tax exempt obligations. See Tax Compliance Risk, below.

More About Material Risks

Municipal entities should carefully consider the risks of all municipal debt obligations prior to execution. A certain level of risk is inherent in all liabilities. The key is to determine whether the level of risk is acceptable. Risks will vary depending upon the structure, terms, and timing of the issue. There are risks that are common to all deal types and some that are specific to each offering. Some risks can be mitigated if properly identified ahead of time. Some risks are out of the control of all parties involved in the transaction

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and therefore cannot be mitigated nor avoided. Some risks are borne by the lender, resulting in the lender demanding a higher interest rate to offset the acceptance of risk.

As a municipal advisor, it is our fiduciary duty to analyze every aspect of a client’s financial situation. A municipal advisor must consider all assets and all liabilities of the client, current and anticipated, to create the best financial plan to achieve the client’s objectives. No single transaction is viewed as separate and apart from prior transactions. The analysis includes several other factors, but it must include a thorough understanding of the client’s risk tolerance compared to the material risks associated with a specific contemplated transaction.

The following is a general description of the financial characteristics and material risks associated with issuance of fixed rate debt obligations that are foreseeable to us at this time. However, the discussion of risks contained here should not be considered to be a disclosure of all risks or a complete discussion of the risks that are mentioned. Nothing herein constitutes or shall be construed as legal or tax advice.

Fixed Rate Obligation Risks

Issuer Default Risk

You may be in default if the funds pledged to secure your debt obligations are not sufficient to pay debt service on the obligations when due. The consequences of a default may be serious for you and, depending on applicable state law and the terms of the authorizing documents, the holders of the obligation, the trustee and any credit support provider may be able to exercise a range of available remedies against you. For example, if the obligation is secured by a general obligation pledge, you may be ordered by a court to raise taxes. Other budgetary adjustments also may be necessary to enable you to provide sufficient funds to pay debt service on the obligations. If the obligations are revenue notes, you may be required to take steps to increase the available revenues that are pledged as security for the notes. A default may negatively impact your credit ratings and may effectively limit your ability to publicly offer notes or other debt obligations at market interest rate levels. Further, if you are unable to provide sufficient funds to remedy the default, subject to applicable state law and the terms of the authorizing documents, you may find it necessary to consider available alternatives under state law, including (for some issuers) state-mandated receivership or bankruptcy. A default also may occur if you are unable to comply with covenants or other provisions agreed to in connection with the issuance of the 2019 DWSRF Note.

This description is only a brief summary of issues relating to defaults and is not intended as legal advice. You should consult with your bond counsel for further information regarding defaults and remedies.

Redemption Risk

Your ability to redeem the notes prior to maturity may be limited, depending on the terms of any optional redemption provisions. If interest rates decline, you may be unable to take advantage of the lower interest rates to reduce debt service.

Refinancing Risk

If your financing plan contemplates refinancing some or all of the notes at maturity, market conditions or changes in law may limit or prevent you from refinancing those notes when required.

Reinvestment Risk

You may have proceeds of the 2019 DWSRF Note to invest prior to the time that you are able to spend those proceeds for the authorized purpose. Depending on market conditions, you may not be able to invest those proceeds at or near the rate of interest that you are paying on the Note, which is referred to as “negative arbitrage”.

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Tax Compliance Risk

The issuance of tax-exempt obligations is subject to a number of requirements under the United States Internal Revenue Code, as enforced by the Internal Revenue Service (IRS). You must take certain steps and make certain representations prior to the issuance of tax-exempt obligations. You also must covenant to take certain additional actions after issuance of the tax-exempt obligations. A breach of your representations or your failure to comply with certain tax-related covenants may cause the interest on the obligations to become taxable retroactively to the date of issuance, which may result in an increase in the interest rate that you pay on the Note or the mandatory redemption of the Note. The IRS also may audit you or your Note, in some cases on a random basis and in other cases targeted to specific types of tax concerns. Further, your ability to issue other tax-exempt obligations also may be limited.

This description of tax compliance risks is not intended as legal advice and you should consult with your bond counsel regarding tax implications of issuing the obligations.

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ISSUER ACKNOWLEDGMENT AND APPROVAL

MSRB RULE G-42 COMPLIANCE CERTIFICATE

In accordance with Municipal Securities Rulemaking Board (MSRB) Rule G-42, this certificate acknowledges and approves the recommendation prepared by Municipal Finance Services, Inc. (MFSOK) with respect to the proposed $6,185,000 The Eufaula Public Works Authority Series 2019 Drinking Water SRF Promissory Note to the Oklahoma Water Resources Board. The proposed financing has been determined to be consistent with the Issuer’s objectives to provide the necessary funding for the purpose of funding capital improvements to Eufaula’s drinking water system.

The Issuer has reviewed the financial analysis and funding plan presented by MFSOK and hereby affirms the conclusion and recommendations presented are suitable for us as Issuer and authorizes the implementation of the financing. As part of the review process, the Issuer and MFSOK took into consideration the following:

• Current and projected financial position • Objectives with respect to the proposed project • Risk tolerance as to the structure and terms of the proposed financing • General experience/familiarity with the type of financing to be undertaken • Financial capacity to withstand changes in market conditions during the term of the financing • Frequency of participation in municipal securities transactions

_____________________________________ Issuer _____________________________________ Issuer Representative _____________________________________ Title ______________________ Date

City of Eufaula, OklahomaEPWA Drinking Water Distribution System Improvements

2018 DWSRF 2019 DWSRF Total

Sources of FundsDWSRF Note Amount 1,000,000.00 6,185,000.00 7,185,000.00 REAP Grant 20,000.00 20,000.00 Borrower Contribution - - - Total Sources 1,020,000.00 6,185,000.00 7,205,000.00

Uses of FundsProject Fund 970,750.00 6,001,681.25 6,972,431.25 Bond Counsel 20,000.00 79,812.50 99,812.50 Local Counsel 8,750.00 38,656.25 47,406.25 Financial Advisor 20,000.00 64,350.00 84,350.00 Trustee Acceptance 500.00 500.00 1,000.00 Misc./Rounding - - - Total Uses 1,020,000.00 6,185,000.00 7,205,000.00

- - -

Municipal Finance Services, Inc.6/13/2019 1

City of Eufaula, OklahomaEPWA2018 DWSRF Note Debt Service ScheduleInterest During Construction is rough estimate based on an assumed draw schedule

Date Principal

Interest Rate (Includes 0.50%

OWRB Admin Fee) InterestPrincipal and

InterestAnnual Principal

and Interest Note Balance12/6/2018 49,250.00 3/15/2019 3.250% 440.17 440.17 440.17 1,000,000.00 9/15/2019 3.250% 16,611.11 16,611.11 1,000,000.00 3/15/2020 3.250% 16,430.56 16,430.56 33,041.67 1,000,000.00 9/15/2020 3.250% 16,611.11 16,611.11 1,000,000.00 3/15/2021 1,000 3.250% 16,340.28 17,340.28 33,951.39 999,000.00 9/15/2021 1,000 3.250% 16,594.50 17,594.50 998,000.00 3/15/2022 1,000 3.250% 16,307.60 17,307.60 34,902.10 997,000.00 9/15/2022 1,000 3.250% 16,561.28 17,561.28 996,000.00 3/15/2023 1,000 3.250% 16,274.92 17,274.92 34,836.19 995,000.00 9/15/2023 1,000 3.250% 16,528.06 17,528.06 994,000.00 3/15/2024 1,000 3.250% 16,331.97 17,331.97 34,860.03 993,000.00 9/15/2024 1,000 3.250% 16,494.83 17,494.83 992,000.00 3/15/2025 1,000 3.250% 16,209.56 17,209.56 34,704.39 991,000.00 9/15/2025 1,000 3.250% 16,461.61 17,461.61 990,000.00 3/15/2026 1,000 3.250% 16,176.88 17,176.88 34,638.49 989,000.00 9/15/2026 1,000 3.250% 16,428.39 17,428.39 988,000.00 3/15/2027 1,000 3.250% 16,144.19 17,144.19 34,572.58 987,000.00 9/15/2027 14,000 3.250% 16,395.17 30,395.17 973,000.00 3/15/2028 14,000 3.250% 15,986.93 29,986.93 60,382.10 959,000.00 9/15/2028 14,000 3.250% 15,930.06 29,930.06 945,000.00 3/15/2029 14,000 3.250% 15,441.56 29,441.56 59,371.62 931,000.00 9/15/2029 15,000 3.250% 15,464.94 30,464.94 916,000.00 3/15/2030 15,000 3.250% 14,967.69 29,967.69 60,432.64 901,000.00 9/15/2030 15,000 3.250% 14,966.61 29,966.61 886,000.00 3/15/2031 16,000 3.250% 14,477.49 30,477.49 60,444.10 870,000.00 9/15/2031 16,000 3.250% 14,451.67 30,451.67 854,000.00 3/15/2032 16,000 3.250% 14,031.69 30,031.69 60,483.36 838,000.00 9/15/2032 16,000 3.250% 13,920.11 29,920.11 822,000.00 3/15/2033 17,000 3.250% 13,431.71 30,431.71 60,351.82 805,000.00 9/15/2033 17,000 3.250% 13,371.94 30,371.94 788,000.00 3/15/2034 17,000 3.250% 12,876.14 29,876.14 60,248.08 771,000.00 9/15/2034 18,000 3.250% 12,807.17 30,807.17 753,000.00 3/15/2035 18,000 3.250% 12,304.23 30,304.23 61,111.40 735,000.00


Date Principal




and Interest Note Balance9/15/2035 18,000 3.250% 12,209.17 30,209.17 717,000.00 3/15/2036 18,000 3.250% 11,780.71 29,780.71 59,989.88 699,000.00 9/15/2036 19,000 3.250% 11,611.17 30,611.17 680,000.00 3/15/2037 19,000 3.250% 11,111.39 30,111.39 60,722.56 661,000.00 9/15/2037 19,000 3.250% 10,979.94 29,979.94 642,000.00 3/15/2038 20,000 3.250% 10,490.46 30,490.46 60,470.40 622,000.00 9/15/2038 20,000 3.250% 10,332.11 30,332.11 602,000.00 3/15/2039 20,000 3.250% 9,836.85 29,836.85 60,168.96 582,000.00 9/15/2039 21,000 3.250% 9,667.67 30,667.67 561,000.00 3/15/2040 21,000 3.250% 9,217.54 30,217.54 60,885.21 540,000.00 9/15/2040 22,000 3.250% 8,970.00 30,970.00 518,000.00 3/15/2041 22,000 3.250% 8,464.26 30,464.26 61,434.26 496,000.00 9/15/2041 22,000 3.250% 8,239.11 30,239.11 474,000.00 3/15/2042 23,000 3.250% 7,745.29 30,745.29 60,984.40 451,000.00 9/15/2042 23,000 3.250% 7,491.61 30,491.61 428,000.00 3/15/2043 23,000 3.250% 6,993.64 29,993.64 60,485.25 405,000.00 9/15/2043 24,000 3.250% 6,727.50 30,727.50 381,000.00 3/15/2044 24,000 3.250% 6,260.04 30,260.04 60,987.54 357,000.00 9/15/2044 25,000 3.250% 5,930.17 30,930.17 332,000.00 3/15/2045 25,000 3.250% 5,424.97 30,424.97 61,355.14 307,000.00 9/15/2045 26,000 3.250% 5,099.61 31,099.61 281,000.00 3/15/2046 26,000 3.250% 4,591.62 30,591.62 61,691.23 255,000.00 9/15/2046 27,000 3.250% 4,235.83 31,235.83 228,000.00 3/15/2047 27,000 3.250% 3,725.58 30,725.58 61,961.42 201,000.00 9/15/2047 27,000 3.250% 3,338.83 30,338.83 174,000.00 3/15/2048 28,000 3.250% 2,858.92 30,858.92 61,197.75 146,000.00 9/15/2048 28,000 3.250% 2,425.22 30,425.22 118,000.00 3/15/2049 29,000 3.250% 1,928.15 30,928.15 61,353.38 89,000.00 9/15/2049 29,000 3.250% 1,478.39 30,478.39 60,000.00 3/15/2050 30,000 3.250% 980.42 30,980.42 61,458.81 30,000.00 9/15/2050 30,000 3.250% 498.33 30,498.33 - 3/15/2051 3.250% - - 30,498.33 -

1,000,000 704,416.62 1,704,416.62 1,704,416.62


City of Eufaula, OklahomaEPWA2019 DWSRF Note Debt Service ScheduleInterest During Construction is rough estimate based on an assumed draw schedule

Date Principal




and Interest Note Balance6/19/2019 183,318.75 9/15/2019 2.540% 1,138.21 1,138.21 1,000,000.00 3/15/2020 2.540% 12,841.11 12,841.11 13,979.32 4,000,000.00 9/15/2020 2.540% 51,928.89 51,928.89 6,185,000.00 3/15/2021 1,000 2.540% 78,985.89 79,985.89 131,914.78 6,184,000.00 9/15/2021 1,000 2.540% 80,282.06 81,282.06 6,183,000.00 3/15/2022 1,000 2.540% 78,960.35 79,960.35 161,242.41 6,182,000.00 9/15/2022 1,000 2.540% 80,256.10 81,256.10 6,181,000.00 3/15/2023 1,000 2.540% 78,934.80 79,934.80 161,190.90 6,180,000.00 9/15/2023 1,000 2.540% 80,230.13 81,230.13 6,179,000.00 3/15/2024 1,000 2.540% 79,345.23 80,345.23 161,575.36 6,178,000.00 9/15/2024 1,000 2.540% 80,204.17 81,204.17 6,177,000.00 3/15/2025 1,000 2.540% 78,883.72 79,883.72 161,087.89 6,176,000.00 9/15/2025 1,000 2.540% 80,178.20 81,178.20 6,175,000.00 3/15/2026 1,000 2.540% 78,858.18 79,858.18 161,036.39 6,174,000.00 9/15/2026 1,000 2.540% 80,152.24 81,152.24 6,173,000.00 3/15/2027 1,000 2.540% 78,832.64 79,832.64 160,984.88 6,172,000.00 9/15/2027 86,000 2.540% 80,126.28 166,126.28 6,086,000.00 3/15/2028 87,000 2.540% 78,151.00 165,151.00 331,277.28 5,999,000.00 9/15/2028 89,000 2.540% 77,880.35 166,880.35 5,910,000.00 3/15/2029 91,000 2.540% 75,473.98 166,473.98 333,354.33 5,819,000.00 9/15/2029 92,000 2.540% 75,543.55 167,543.55 5,727,000.00 3/15/2030 94,000 2.540% 73,136.97 167,136.97 334,680.52 5,633,000.00 9/15/2030 96,000 2.540% 73,128.86 169,128.86 5,537,000.00 3/15/2031 96,000 2.540% 70,710.57 166,710.57 335,839.42 5,441,000.00 9/15/2031 98,000 2.540% 70,636.27 168,636.27 5,343,000.00 3/15/2032 100,000 2.540% 68,610.06 168,610.06 337,246.33 5,243,000.00 9/15/2032 102,000 2.540% 68,065.79 170,065.79 5,141,000.00 3/15/2033 104,000 2.540% 65,653.43 169,653.43 339,719.22 5,037,000.00 9/15/2033 106,000 2.540% 65,391.45 171,391.45 4,931,000.00 3/15/2034 108,000 2.540% 62,971.61 170,971.61 342,363.06 4,823,000.00 9/15/2034 109,000 2.540% 62,613.26 171,613.26 4,714,000.00 3/15/2035 111,000 2.540% 60,200.40 171,200.40 342,813.66 4,603,000.00


Date Principal




and Interest Note Balance9/15/2035 113,000 2.540% 59,757.17 172,757.17 4,490,000.00 3/15/2036 116,000 2.540% 57,656.59 173,656.59 346,413.76 4,374,000.00 9/15/2036 117,000 2.540% 56,784.24 173,784.24 4,257,000.00 3/15/2037 119,000 2.540% 54,364.26 173,364.26 347,148.50 4,138,000.00 9/15/2037 122,000 2.540% 53,720.44 175,720.44 4,016,000.00 3/15/2038 123,000 2.540% 51,286.55 174,286.55 350,006.99 3,893,000.00 9/15/2038 126,000 2.540% 50,539.79 176,539.79 3,767,000.00 3/15/2039 128,000 2.540% 48,106.68 176,106.68 352,646.47 3,639,000.00 9/15/2039 130,000 2.540% 47,242.31 177,242.31 3,509,000.00 3/15/2040 133,000 2.540% 45,059.46 178,059.46 355,301.77 3,376,000.00 9/15/2040 134,000 2.540% 43,827.98 177,827.98 3,242,000.00 3/15/2041 137,000 2.540% 41,402.14 178,402.14 356,230.12 3,105,000.00 9/15/2041 140,000 2.540% 40,309.80 180,309.80 2,965,000.00 3/15/2042 142,000 2.540% 37,864.70 179,864.70 360,174.50 2,823,000.00 9/15/2042 145,000 2.540% 36,648.81 181,648.81 2,678,000.00 3/15/2043 148,000 2.540% 34,199.55 182,199.55 363,848.36 2,530,000.00 9/15/2043 150,000 2.540% 32,845.02 182,845.02 2,380,000.00 3/15/2044 153,000 2.540% 30,561.84 183,561.84 366,406.87 2,227,000.00 9/15/2044 154,000 2.540% 28,911.41 182,911.41 2,073,000.00 3/15/2045 157,000 2.540% 26,473.36 183,473.36 366,384.77 1,916,000.00 9/15/2045 159,000 2.540% 24,873.94 183,873.94 1,757,000.00 3/15/2046 162,000 2.540% 22,437.87 184,437.87 368,311.80 1,595,000.00 9/15/2046 165,000 2.540% 20,706.64 185,706.64 1,430,000.00 3/15/2047 168,000 2.540% 18,261.89 186,261.89 371,968.54 1,262,000.00 9/15/2047 171,000 2.540% 16,383.56 187,383.56 1,091,000.00 3/15/2048 174,000 2.540% 14,009.65 188,009.65 375,393.22 917,000.00 9/15/2048 177,000 2.540% 11,904.70 188,904.70 740,000.00 3/15/2049 180,000 2.540% 9,450.21 189,450.21 378,354.91 560,000.00 9/15/2049 184,000 2.540% 7,270.04 191,270.04 376,000.00 3/15/2050 186,000 2.540% 4,801.73 190,801.73 382,071.77 190,000.00 9/15/2050 190,000 2.540% 2,466.62 192,466.62 - 3/15/2051 2.540% - - 192,466.62 -

6,185,000 3,258,434.70 9,443,434.70 9,443,434.70


-

200,000.00

400,000.00

600,000.00

800,000.00

1,000,000.00

1,200,000.00

Eufaula PWA Combined Debt Service by Fiscal Year

2012 CWSRF 2015 CWSRF 2014A Note 2015B Note 2018 DWSRF 2019 DWSRF

The Eufaula Public Works AuthorityComposite Debt Service Schedule by Fiscal Year

Issue 2012 Clean Water SRF Note to OWRB

2015 Clean Water SRF Note to OWRB

Utility System and Sales Tax Revenue Note, Taxable Series 2014A

Utility System and Sales Tax Revenue Note, Series 2014B

2018 Drinking Water SRF Note to OWRB 2019 Drinking Water SRF Note to OWRB

Lender OWRB OWRB JPMorgan Chase JPMorgan Chase OWRB OWRB

Original Principal Amount $4,035,000 $675,000 $2,165,000 $4,410,000 $1,000,000 $6,715,000Purpose WWTP and Sewer System

ImprovementsDrive-by AMR System Advance refund 2005 Bonds. 2005 Bonds

advance refunded multiple prior bonds for water/sewer improvements. 2014A and

2014B combined produced a gross savings of $1,482,000 and shortened final maturity by

3 years. Net present value savings of $526,000 (8% of refunded principal)

Advance refund 2005 Bonds. 2005 Bonds advance refunded multiple prior bonds for

water/sewer improvements. 2014A and 2014B combined produced a gross savings of $1,482,000 and shortened final maturity by 3 years. Net present value savings of $526,000

(8% of refunded principal)

Drinking water distribution system improvements

Drinking water distribution system improvements

Interest Rate 2.56% Fixed - Includes 0.50% OWRB Admin Fee

2.14% Fixed - Includes 0.50% OWRB Admin Fee

3.65% Fixed 2.75% Fixed 3.25% Fixed - Includes 0.50% OWRB Admin Fee

2.54% Fixed - Includes 0.50% OWRB Admin Fee

Security Mortgage on system; water, sewer, and sanitation

revenues; and 3.5% Sales Tax

Mortgage on system; water, sewer, and sanitation revenues;

and 3.5% Sales Tax

Mortgage on system; water, sewer, and sanitation revenues; and 3.5% Sales Tax




Prepayment Requires OWRB Consent Requires OWRB Consent Not Prepayable Prepayable on or after June 1, 2024, in whole or in part, on any interest payment date, at

par plus accrued interest

Requires OWRB Consent Requires OWRB Consent

2012 CWSRF 2015 CWSRF 2014A Note 2015B Note 2018 DWSRF 2019 DWSRF Total2019 183,965.30 33,516.88 268,362.50 350,493.75 440.17 836,778.61 2020 183,965.30 33,516.87 270,241.25 348,412.50 33,041.67 13,979.32 883,156.90 2021 183,965.30 33,516.89 261,846.25 356,193.75 33,951.39 131,914.78 1,001,388.35 2022 - Max Year 183,965.30 33,516.89 253,451.25 368,493.75 34,902.10 161,242.41 1,035,571.69 2023 183,965.30 33,516.88 245,056.25 370,312.50 34,836.19 161,190.90 1,028,878.02 2024 183,965.30 33,516.87 246,570.00 371,856.25 34,860.03 161,575.36 1,032,343.81 2025 183,965.30 33,516.89 - 621,406.25 34,704.39 161,087.89 1,034,680.72 2026 183,965.30 33,516.88 - 615,525.00 34,638.49 161,036.39 1,028,682.05 2027 183,965.30 33,516.87 - 619,300.00 34,572.58 160,984.88 1,032,339.63 2028 183,965.30 33,516.88 - 65,893.75 60,382.10 331,277.28 675,035.31 2029 183,965.30 33,516.87 - 59,371.62 333,354.33 610,208.13 2030 183,965.30 33,516.88 - - 60,432.64 334,680.52 612,595.34 2031 183,965.30 16,758.34 - - 60,444.10 335,839.42 597,007.16 2032 183,965.30 - - - 60,483.36 337,246.33 581,694.99 2033 183,965.30 - - - 60,351.82 339,719.22 584,036.34 2034 183,965.30 - - - 60,248.08 342,363.06 586,576.45 2035 183,965.30 - - - 61,111.40 342,813.66 587,890.35 2036 183,965.30 - - - 59,989.88 346,413.76 590,368.93 2037 183,965.30 - - - 60,722.56 347,148.50 591,836.35 2038 183,965.30 - - - 60,470.40 350,006.99 594,442.69 2039 183,965.30 - - - 60,168.96 352,646.47 596,780.73 2040 183,965.30 - - - 60,885.21 355,301.77 600,152.27 2041 183,965.30 - - - 61,434.26 356,230.12 601,629.69 2042 183,965.30 - - - 60,984.40 360,174.50 605,124.20 2043 183,965.30 - - - 60,485.25 363,848.36 608,298.91 2044 91,981.79 - - - 60,987.54 366,406.87 519,376.20 2045 - - - - 61,355.14 366,384.77 427,739.91


0.00

1.00

2.00

3.00

4.00

5.00

6.00

7.00

0

500,000

1,000,000

1,500,000

2,000,000

2,500,000

3,000,000

3,500,000

Eufaula Debt Service Coverage

Total Debt Service (Left Axis) Available for Debt Service - Reflects Sales Tax Drop in 2032 (Left Axis) DSCR (Right Axis)

Eufuala PWAScheduled Water and Sewer Rate Changes Pursuant to Resolution No. 18-09-04

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7Base Charge 162,000.00$ 324,000.00$ 486,000.00$ 648,000.00$ 810,000.00$ 972,000.00$ 1,080,000.00$ Water Volume 24,888.00$ 24,888.00$ 24,888.00$ 24,888.00$ 24,888.00$ 24,888.00$ 24,888.00$ Sewer Volume 19,428.00$ 19,428.00$ 19,428.00$ 19,428.00$ 19,428.00$ 19,428.00$ 19,428.00$ Cumulative Total 206,316.00$ 368,316.00$ 530,316.00$ 692,316.00$ 854,316.00$ 1,016,316.00$ 1,124,316.00$

Adjustment for FY 137,544.00$ 314,316.00$ 476,316.00$ 638,316.00$ 800,316.00$ 962,316.00$ 1,088,316.00$ 1,124,316.00$ FY Assignment 2019 2020 2021 2022 2023 2024 2025 2026

City Provided Utility Revenue Increase Projections

9

Eufaula Public Works AuthorityCashflow Analysis

Forecast Forecast Forecast2018 2019 2020 2021

RevenuesWater 595,557 595,557 595,557 595,557 Sewer 282,165 282,165 282,165 282,165 Scheduled Water/Sewer revenue increases 137,544 314,316 476,316Sanitation 364,190 364,190 364,190 364,190Water and Sewer Taps 18,000 18,000 18,000 18,000Rent 0 0 0Penalties 29,082 29,082 29,082 29,082Miscellaneous 38,089 38,089 38,089 38,089Total Operating Revenues 1,327,083 1,464,627 1,641,399 1,803,399

Operating Expenses (Omits depreciation and amortization expenses)Administration 91,156 91,156 91,156 91,156Water 628,573 628,573 628,573 628,573Sewer 237,409 237,409 237,409 237,409Sanitation 359,971 359,971 359,971 359,971Total Operating Expenses 1,317,109 1,317,109 1,317,109 1,317,109

Operating Income (Loss) 9,974 147,518 324,290 486,290

Investment Income 2013 2013 2,013 2,013

Income (Loss) 149,531 326,303 488,303

Sales Tax Pledged to Indenture (Currently 3.50%) 1,974,221 1,974,221 1,974,221 1,974,221Assumes 0.50% Sales Tax Terminates 1/1/2032

Available for Debt Service 2,123,752 2,300,524 2,462,524

Debt Service on Currently Outstanding Debt 836,338 836,136 835,522 DWSRF Notes for Water Project 440 47,021 165,866 Total Debt Service 836,779 883,157 1,001,388

Debt Service Coverage Ratio (min. required is 1.25) 2.54 2.60 2.46Remaining After Debt Service 1,286,973 1,417,367 1,461,136



RevenuesWaterSewer Scheduled Water/Sewer revenue increases SanitationWater and Sewer TapsRent PenaltiesMiscellaneousTotal Operating Revenues

Operating Expenses (Omits depreciation and amortization expenses)AdministrationWaterSewerSanitationTotal Operating Expenses

Operating Income (Loss)

Investment Income

Income (Loss)

Sales Tax Pledged to Indenture (Currently 3.50%)Assumes 0.50% Sales Tax Terminates 1/1/2032

Available for Debt Service

Debt Service on Currently Outstanding DebtDWSRF Notes for Water ProjectTotal Debt Service

Debt Service Coverage Ratio (min. required is 1.25)Remaining After Debt Service

Forecast Forecast Forecast Forecast2022 2023 2024 2025

595,557 595,557 595,557 595,557 282,165 282,165 282,165 282,165 638,316 800,316 962,316 1,088,316364,190 364,190 364,190 364,190

18,000 18,000 18,000 18,0000 0 0 0

29,082 29,082 29,082 29,08238,089 38,089 38,089 38,089

1,965,399 2,127,399 2,289,399 2,415,399

91,156 91,156 91,156 91,156628,573 628,573 628,573 628,573237,409 237,409 237,409 237,409359,971 359,971 359,971 359,971

1,317,109 1,317,109 1,317,109 1,317,109

648,290 810,290 972,290 1,098,290

2,013 2,013 2,013 2,013

650,303 812,303 974,303 1,100,303

1,974,221 1,974,221 1,974,221 1,974,221

2,624,524 2,786,524 2,948,524 3,074,524

839,427 832,851 835,908 838,888 196,145 196,027 196,435 195,792

1,035,572 1,028,878 1,032,344 1,034,681

2.53 2.71 2.86 2.971,588,952 1,757,646 1,916,180 2,039,843






Investment Income

Income (Loss)






595,557 595,557 595,557 595,557 282,165 282,165 282,165 282,165

1,124,316 1,124,316 1,124,316 1,124,316364,190 364,190 364,190 364,190

18,000 18,000 18,000 18,0000 0 0 0

29,082 29,082 29,082 29,08238,089 38,089 38,089 38,089

2,451,399 2,451,399 2,451,399 2,451,399

91,156 91,156 91,156 91,156628,573 628,573 628,573 628,573237,409 237,409 237,409 237,409359,971 359,971 359,971 359,971

1,317,109 1,317,109 1,317,109 1,317,109

1,134,290 1,134,290 1,134,290 1,134,290

2,013 2,013 2,013 2,013

1,136,303 1,136,303 1,136,303 1,136,303

1,974,221 1,974,221 1,974,221 1,974,221

3,110,524 3,110,524 3,110,524 3,110,524

833,007 836,782 283,376 217,482 195,675 195,557 391,659 392,726

1,028,682 1,032,340 675,035 610,208

3.02 3.01 4.61 5.102,081,842 2,078,184 2,435,489 2,500,316






Investment Income

Income (Loss)






595,557 595,557 595,557 595,557 282,165 282,165 282,165 282,165

1,124,316 1,124,316 1,124,316 1,124,316364,190 364,190 364,190 364,190

18,000 18,000 18,000 18,0000 0 0 0

29,082 29,082 29,082 29,08238,089 38,089 38,089 38,089

2,451,399 2,451,399 2,451,399 2,451,399

91,156 91,156 91,156 91,156628,573 628,573 628,573 628,573237,409 237,409 237,409 237,409359,971 359,971 359,971 359,971

1,317,109 1,317,109 1,317,109 1,317,109

1,134,290 1,134,290 1,134,290 1,134,290

2,013 2,013 2,013 2,013

1,136,303 1,136,303 1,136,303 1,136,303

1,974,221 1,974,221 1,880,211 1,692,189

3,110,524 3,110,524 3,016,514 2,828,492

217,482 200,724 183,965 183,965 395,113 396,284 397,730 400,071 612,595 597,007 581,695 584,036

5.08 5.21 5.19 4.842,497,929 2,513,517 2,434,819 2,244,456






Investment Income

Income (Loss)






595,557 595,557 595,557 595,557 282,165 282,165 282,165 282,165

1,124,316 1,124,316 1,124,316 1,124,316364,190 364,190 364,190 364,190

18,000 18,000 18,000 18,0000 0 0 0

29,082 29,082 29,082 29,08238,089 38,089 38,089 38,089

2,451,399 2,451,399 2,451,399 2,451,399

91,156 91,156 91,156 91,156628,573 628,573 628,573 628,573237,409 237,409 237,409 237,409359,971 359,971 359,971 359,971

1,317,109 1,317,109 1,317,109 1,317,109

1,134,290 1,134,290 1,134,290 1,134,290

2,013 2,013 2,013 2,013

1,136,303 1,136,303 1,136,303 1,136,303

1,692,189 1,692,189 1,692,189 1,692,189

2,828,492 2,828,492 2,828,492 2,828,492

183,965 183,965 183,965 183,965 402,611 403,925 406,404 407,871 586,576 587,890 590,369 591,836

4.82 4.81 4.79 4.782,241,916 2,240,602 2,238,124 2,236,656






Investment Income

Income (Loss)






595,557 595,557 595,557 595,557 282,165 282,165 282,165 282,165

1,124,316 1,124,316 1,124,316 1,124,316364,190 364,190 364,190 364,190

18,000 18,000 18,000 18,0000 0 0 0

29,082 29,082 29,082 29,08238,089 38,089 38,089 38,089

2,451,399 2,451,399 2,451,399 2,451,399

91,156 91,156 91,156 91,156628,573 628,573 628,573 628,573237,409 237,409 237,409 237,409359,971 359,971 359,971 359,971

1,317,109 1,317,109 1,317,109 1,317,109

1,134,290 1,134,290 1,134,290 1,134,290

2,013 2,013 2,013 2,013

1,136,303 1,136,303 1,136,303 1,136,303

1,692,189 1,692,189 1,692,189 1,692,189

2,828,492 2,828,492 2,828,492 2,828,492

183,965 183,965 183,965 183,965 410,477 412,815 416,187 417,664 594,443 596,781 600,152 601,630

4.76 4.74 4.71 4.702,234,050 2,231,712 2,228,340 2,226,863






Investment Income

Income (Loss)






595,557 595,557 595,557 595,557 282,165 282,165 282,165 282,165

1,124,316 1,124,316 1,124,316 1,124,316364,190 364,190 364,190 364,190

18,000 18,000 18,000 18,0000 0 0 0

29,082 29,082 29,082 29,08238,089 38,089 38,089 38,089

2,451,399 2,451,399 2,451,399 2,451,399

91,156 91,156 91,156 91,156628,573 628,573 628,573 628,573237,409 237,409 237,409 237,409359,971 359,971 359,971 359,971

1,317,109 1,317,109 1,317,109 1,317,109

1,134,290 1,134,290 1,134,290 1,134,290

2,013 2,013 2,013 2,013

1,136,303 1,136,303 1,136,303 1,136,303

1,692,189 1,692,189 1,692,189 1,692,189

2,828,492 2,828,492 2,828,492 2,828,492

183,965 183,965 91,982 - 421,159 424,334 427,394 427,740 605,124 608,299 519,376 427,740

4.67 4.65 5.45 6.612,223,368 2,220,194 2,309,116 2,400,753






Investment Income

Income (Loss)






595,557 595,557 595,557 595,557 282,165 282,165 282,165 282,165

1,124,316 1,124,316 1,124,316 1,124,316364,190 364,190 364,190 364,190

18,000 18,000 18,000 18,0000 0 0 0

29,082 29,082 29,082 29,08238,089 38,089 38,089 38,089

2,451,399 2,451,399 2,451,399 2,451,399

91,156 91,156 91,156 91,156628,573 628,573 628,573 628,573237,409 237,409 237,409 237,409359,971 359,971 359,971 359,971

1,317,109 1,317,109 1,317,109 1,317,109

1,134,290 1,134,290 1,134,290 1,134,290

2,013 2,013 2,013 2,013

1,136,303 1,136,303 1,136,303 1,136,303

1,692,189 1,692,189 1,692,189 1,692,189

2,828,492 2,828,492 2,828,492 2,828,492

- - - 430,003 433,930 436,591 439,708 430,003 433,930 436,591 439,708

6.58 6.52 6.48 6.432,398,489 2,394,563 2,391,902 2,388,784






Investment Income

Income (Loss)





Forecast Forecast Forecast2050 2051 2052

595,557 595,557 595,557 282,165 282,165 282,165

1,124,316 1,124,316 1,124,316364,190 364,190 364,190

18,000 18,000 18,0000 0 0

29,082 29,082 29,08238,089 38,089 38,089

2,451,399 2,451,399 2,451,399

91,156 91,156 91,156628,573 628,573 628,573237,409 237,409 237,409359,971 359,971 359,971

1,317,109 1,317,109 1,317,109

1,134,290 1,134,290 1,134,290

2,013 2,013 2,013

1,136,303 1,136,303 1,136,303

1,692,189 1,692,189 1,692,189

2,828,492 2,828,492 2,828,492

- - - 443,531 222,965 - 443,531 222,965 -

6.38 12.69 #DIV/0!2,384,962 2,605,528 2,828,492


Eufaula Public Works AuthorityStatements of Revenues, Expenses and Changes in Net Assets (Modified Cash Basis)FY 2010 thru FY 2018

2010 2011 2012 2013 2014 2015 2016 2017 2018Revenues

Water 460,071 489,392 563,700 702,337 639,371 635,380 613,093 652,352 595,557 Sewer 222,594 245,789 260,662 300,792 277,612 286,069 275,194 296,341 282,165 Sanitation 323,335 326,239 330,744 330,557 320,057 328,979 327,010 335,447 364,190 Water and Sewer Taps 21,342 19,854 13,020 15,775 15,300 11,300 13,500 53,000 18,000 Rent - - - - - Penalties 25,638 29,217 31,903 47,101 47,387 45,142 46,726 48,972 29,082 Miscellaneous 15,427 7,282 12,285 22,468 19,256 17,794 41,487 26,514 38,089 Total Operating Revenues 1,068,407 1,117,773 1,212,314 1,419,030 1,318,983 1,324,664 1,317,010 1,412,626 1,327,083

Operating ExpensesAdministration 197,580 201,161 210,471 213,213 231,299 226,163 241,257 131,258 91,156 Water 522,006 515,077 552,031 521,600 529,090 625,756 617,042 577,535 628,573 Sewer 146,840 152,544 161,369 175,701 210,475 199,725 200,492 217,088 237,409 Sanitation 325,875 331,782 339,565 330,446 319,443 323,324 332,925 335,903 359,971 Health 12 12 Depreciation 264,858 264,145 288,278 Amortization Expense 21,137 21,136 22,703 Total Operating Expenses 1,478,296 1,485,857 1,574,429 1,240,960 1,290,307 1,374,968 1,391,716 1,261,784 1,317,109

Operating Income (Loss) (409,889) (368,084) (362,115) 178,070 28,676 (50,304) (74,706) 150,842 9,974

Non-Operating Revenue (Expenses)Investment Income 1,226 2,330 935 1,163 874 760 783 910 2,013 Misc. Revenue (Expenses) - - (36) Loan Proceeds 3,176,046 256,408 6,582,800 71,920 570,298 156,906 Payment to Escrow (7,220,075) Debt Issuance Costs (198,375) (45,500) Operating grants and contributions 3,800 Capital Outlay (3,351,590) (342,088) (343,118) (41,368) (606,706) (225,330) Principal Retirement (256,545) (322,829) (406,174) (523,577) (842,812) (585,247) Interest Expense and Fees (372,393) (364,087) (355,773) (393,882) (434,329) (207,260) (311,031) (278,612) (261,893) Total Non-Operating Revenue (Expenses) (371,167) (361,757) (354,838) (821,008) (842,000) (1,791,442) (848,773) (1,156,922) (913,551)

Income (loss) before transfers and capital contributions (781,056) (729,841) (716,953) (642,938) (813,324) (1,841,746) (923,479) (1,006,080) (903,577) Capital Contributions 220,401 129,599 189,477 93,527 299,568 - 250,000 Transfers In 1,838,221 1,878,599 1,883,886 1,965,216 1,899,805 1,936,305 2,071,187 1,987,064 1,966,634 Transfers Out (1,152,000) (1,133,000) (1,256,655) (1,133,000) (1,178,156) (1,113,416) (1,113,271) (1,240,000) (1,151,333) Change in Net Assets 125,566 145,357 99,755 189,278 1,852 (719,289) 34,437 (9,016) (88,276)

Total Net Assets - beginning (re-stated in FY 2013) (150,970) (25,404) 119,953 1,217,445 1,406,723 1,408,575 689,286 723,723 714,707 Total Net Assets - ending (25,404) 119,953 219,708 1,406,723 1,408,575 689,286 723,723 714,707 626,431

Fiscal Year Ending June 30:


City of Eufaula, Oklahoma

FY FY FY FY FY FY FY FY FY FY FY FY FY 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

@ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5% @ 3.5%

July 156,674.06 194,162.39 183,704.97 182,526.06 190,588.78 178,112.33 199,068.22 186,995.13 179,927.22 157,222.86 164,402.43 186,022.49 197,685.34 August 168,641.47 160,758.19 181,894.77 174,172.57 165,069.31 179,586.06 184,736.92 173,647.68 175,154.34 162,025.34 188,787.51 186,169.09 194,295.06 September 153,059.00 156,529.31 191,887.98 156,205.47 175,179.97 180,348.04 194,028.79 195,092.63 201,134.82 206,691.47 179,161.78 181,159.48 195,331.12 October 128,716.42 166,766.19 157,523.02 178,895.26 162,543.63 153,368.87 161,571.46 168,004.28 166,265.01 162,307.08 156,814.07 165,236.40 176,689.74 November 141,355.61 139,837.73 162,852.39 137,746.23 150,240.64 141,839.99 147,406.56 149,889.77 141,735.53 166,285.86 153,932.82 154,642.15 152,494.41 December 138,314.54 133,173.42 147,370.60 143,321.28 148,513.98 149,637.21 156,488.61 133,630.29 154,713.25 144,391.58 137,465.32 131,043.63 148,175.59 January 132,659.62 156,117.06 148,334.91 123,512.01 157,223.55 137,730.73 138,120.60 139,015.78 158,643.01 140,870.56 155,013.81 153,208.70 144,948.34 February 137,688.45 153,285.70 149,813.08 153,828.53 138,441.42 145,945.77 142,198.87 147,067.97 134,267.54 150,424.07 136,583.72 150,882.80 153,229.96 March 123,186.47 129,119.23 134,814.29 121,932.18 120,590.96 130,937.07 131,082.93 132,214.86 139,729.32 138,436.88 132,308.16 132,795.04 133,852.04 April 133,089.46 149,541.87 140,056.99 129,674.87 126,049.81 148,842.76 137,002.73 133,014.64 140,889.86 141,306.83 134,809.68 142,732.73 144,769.62 May 165,924.48 148,227.00 152,041.41 136,022.40 150,267.80 147,909.64 146,514.35 158,282.43 157,548.89 163,571.90 158,653.35 164,039.45 158,533.14 June 152,371.79 160,643.32 160,474.90 175,140.08 156,819.42 155,328.15 148,452.66 159,181.65 163,942.74 148,951.49 141,928.44 138,857.31 174,216.69 FY Total 1,731,681.37 1,848,161.41 1,910,769.31 1,812,976.94 1,841,529.27 1,849,586.62 1,886,672.70 1,876,037.11 1,913,951.53 1,882,485.92 1,839,861.09 1,886,789.27 1,974,221.05

1% Generated 494,766.11 528,046.12 545,934.09 517,993.41 526,151.22 528,453.32 539,049.34 536,010.60 546,843.29 537,853.12 525,674.60 539,082.65 564,063.16% Change 6.73% 3.39% -5.12% 1.57% 0.44% 2.01% -0.56% 2.02% -1.64% -2.26% 2.55% 4.63%

Sales Tax Receipts

0.00

500,000.00

1,000,000.00

1,500,000.00

2,000,000.00

2,500,000.00

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Eufaula Sales Tax Receipts by Fiscal Year


City of Eufaula, Oklahoma

Sales Tax Amount Termination Pledged to:

First and Third One Percent Sales Tax levied by Ordinance No. 742 and Ordinance 83-6-2 2.000% N/A 2012 CWSRF, 2015 CWSRF, 2014A and 2014B Notes, 2018 DWSRF, 2019 DWSRF

Provide Revenues for the support and functions of the municipal government of the City

Second One Percent Sales Tax levied by Ordinance No. 72-9 1.000% N/A 2012 CWSRF, 2015 CWSRF, 2014A and 2014B Notes, 2018 DWSRF, 2019 DWSRF

One half of One percent Sales Tax leved by Ordinance No. 11-8-1 as it amends Ordinance No. 020301 0.500%See Note 1 2012 CWSRF, 2015 CWSRF, 2014A and 2014B Notes, 2018

DWSRF, 2019 DWSRF

Total Sales Tax 3.500%

Note 1: Earlier of retirement of secured indebtedness or January 1, 2032

Provide revenues for the purpose of financing capital improvements of the City, and by paying principal and interest on existing and future indebtedness on behalf of City

Sales Tax and Purpose

Sales Tax Detail

Creating and improving health care and hospital facilities serving the City and made by the City, or a public trust created for that purpose….and with the further intent that these revenues can be used by the City for any other lawful purpose after payment of indebtedness


Public Works Authority Agenda Item No. 5


Agenda Item Memo

Item Title: Discuss and consider for approval entering in to Consent Order 18-241 with the Oklahoma Department of Environmental Quality. Initiator: Staff. Staff Information Source: Jacob Foos, City Manager. Background: At the February 4, 2019 council meeting, and in subsequent updates the WWTP Consent Order from DEQ has been discussed. City staff attended a settlement conference on March 7 to negotiate the initial CO that called for an immediate payment of $25,875. On Friday June 7 the City received the new offer which requires a payment of $5,000 with the remaining $31,000 of fines being deferred and then waived upon completion of tasks. The Consent Order task list timeline is acceptable for staff. The unknown factor is if the City will be awarded the CDBG funds for the project. If the grant is not received, a loan from OWRB will be required. Financial Impact: Immediate: $5,000 paid from Eufaula Public Works Authority Fund, Sewer, Professional Services, 90-93-6316-00. Costs paid to date: $64,817.29 for initial Engineering Report and ongoing updates from DEQ. Future Project Cost Estimate: $587,964.80 with potential of $400,000 to be funded by CDBG. Attachment: Consent Order 18-241. Recommended Action: Approval of the item.

City Council Agenda Item No. 2


Agenda Item Memo

Item Title: CONSIDER AND TAKE ACTION WITH RESPECT TO A RESOLUTION OF THE CITY OF EUFAULA, OKLAHOMA (THE “CITY”) APPROVING ACTION TAKEN BY THE EUFAULA PUBLIC WORKS AUTHORITY (THE “AUTHORITY”) AUTHORIZING ISSUANCE, SALE AND DELIVERY OF A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING AN AMENDED LEASE AGREEMENT AND OPERATION AND MAINTENANCE CONTRACT PERTAINING TO THE CITY’S WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS LEASED TO THE AUTHORITY; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT; AND CONTAINING OTHER PROVISIONS RELATED THERETO. Initiator: Staff. Staff Information Source: Jacob Foos, City Manager. Background: Ben Oglesby, Municipal Financial Services, and Allan Brooks or Nate Ellis, Public Finance Law Group, will present and answer questions. Financial Impact: Discussed. Attachment: Resolution 19-6-7. Recommended Action: Approval of the item.

PURSUANT TO THE LEGAL NOTICE AS IS REQUIRED BY THE OKLAHOMA OPEN MEETING ACT INCLUDING THE POSTING OF NOTICE AND AGENDA AS IS REQUIRED BY THE TERMS THEREOF, THE CITY COUNCIL OF THE CITY OF EUFAULA, OKLAHOMA (THE “CITY”) MET IN SPECIAL SESSION AT THE EUFAULA COMMUNITY CENTER, 121 HIGH STREET, EUFAULA, OKLAHOMA, ON THE 18TH DAY OF JUNE, 2019, AT 12:00 P.M.

PRESENT: ABSENT:

(OTHER PROCEEDINGS)

Thereupon, the following resolution was introduced and caused to be read. Councilmember ___________ moved passage of the Resolution and Councilmember _________ seconded the motion. The motion carrying with it the approval of said Resolution was approved by the following vote:

AYE: NAY:

The Resolution so approved is as follows:

RESOLUTION NO.

A RESOLUTION OF THE CITY OF EUFAULA, OKLAHOMA (THE “CITY”) APPROVING ACTION TAKEN BY THE EUFAULA PUBLIC WORKS AUTHORITY (THE “AUTHORITY”) AUTHORIZING ISSUANCE, SALE AND DELIVERY OF A PROMISSORY NOTE OF THE AUTHORITY TO THE OKLAHOMA WATER RESOURCES BOARD; RATIFYING AND CONFIRMING AN AMENDED LEASE AGREEMENT AND OPERATION AND MAINTENANCE CONTRACT PERTAINING TO THE CITY’S WATER, SANITARY SEWER, AND GARBAGE AND TRASH COLLECTION SYSTEMS LEASED TO THE AUTHORITY; RATIFYING AND CONFIRMING A SALES TAX AGREEMENT; AND CONTAINING OTHER PROVISIONS RELATED THERETO.

WHEREAS, The Eufaula Public Works Authority (the “Authority”) did, by its Resolution adopted June 18, 2019, authorize the issuance, sale and delivery of its Series 2019 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board; and

2

WHEREAS, the City hereby determines that the actions taken by the Authority should be authorized and approved; and

WHEREAS, the City hereby determines that such other action necessary or attendant to accomplishment of the referenced financing should be considered by the City Council of the City.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUFAULA, OKLAHOMA:

Section 1. Issuance of Note. That the issuance, sale and delivery of The Eufaula Public Works Authority, McIntosh County, Oklahoma, Series 2019 Drinking Water SRF Promissory Note to Oklahoma Water Resources Board in the principal amount of $6,185,000.00 (the “2019 Note”), all as approved by said Authority on June 18, 2019, be and hereby is authorized, approved and ratified.

Section 2. Approval. That all actions heretofore taken by the Authority in connection with the issuance, sale and delivery of the 2019 Note and all other aspects of the transaction be and are hereby authorized, approved and ratified.

Section 3. Lease Agreement. The Amended Lease Agreement and Operation and Maintenance Contract between the Authority and the City dated as of August 1, 2014 (the “Lease Agreement”), whereby the City leased its water, sanitary sewer, and garbage and trash collection systems to the Borrower and whereby the Borrower agreed to operate and maintain said systems, is hereby ratified and confirmed and the term of said Lease Agreement shall extend until the 2019 Note is paid.

Section 4. Sales Tax Agreement. The Sales Tax Agreement dated as of August 1, 2014, by and between the City and the Authority (the “Sales Tax Agreement”), which Sales Tax Agreement pertains to the year-to-year pledge of certain sales tax revenue for purposes of securing the 2019 Note and all indebtedness secured on a parity therewith, is hereby ratified and confirmed.

Section 5. Necessary Action. That the Mayor or Vice Mayor and City Clerk or Deputy City Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of the City any and all other documents or instruments reasonably necessary to accomplish the issuance, sale and delivery of the 2019 Note and all other aspects of the transaction.

[Remainder of Page Left Blank Intentionally]

3

PASSED AND APPROVED THIS 18TH DAY OF JUNE, 2019. CITY OF EUFAULA, OKLAHOMA By ______________________________________ Mayor ATTEST: By __________________________ City Clerk (SEAL)

4

STATE OF OKLAHOMA ) )SS COUNTY OF MCINTOSH ) I, the undersigned, City Clerk of the City of Eufaula, Oklahoma, do hereby certify that the above and foregoing is a true, full and correct copy of an excerpt from the minutes of a meeting of the City Council of said City held on the date above stated, all as recorded in the official minutes of such meeting. I further certify that the “Open Meeting Law” was complied with for such meeting. GIVEN UNDER MY HAND THIS 18TH DAY OF JUNE, 2019. (SEAL) ____________________________________ City Clerk

City Council Agenda Item No. 3


Agenda Item Memo

Item Title: Discuss and take any necessary action on application for Land and Water Conservation Fund Grant from Oklahoma State Parks. Initiator: Staff. Staff Information Source: Jacob Foos, City Manager. Background: Late last week staff began reviewing a grant opportunity from Oklahoma State Parks. In talking with their grant administrator, this grant would allow us to pull together smaller projects that we would have worked on over the next few years into one "Lakeshore Park Project." The grant is a 50/50 match; with the City's $40,000 budgeted for a new park on the east side to replace Broadway Park, in-kind labor from the City, and a few larger donations from the community, we can cover our portion. The preliminary cost estimate is just under $400,000 to do the following. I think each item will bring in separate donor segments. -Remove the old tennis/basketball courts on J St. and Indian and install a splash pad, playground, picnic area, and pull-in parking. -Restore north beach and the volleyball area of south beach by installing concrete blocks and hauling in a substantial amount of sand. -Install wood post and rope style fence along the walking trail to keep vehicles and golf carts from driving on it and to better protect pedestrians. The grant writer believed the deadline was in January, so we were considering possible projects for next year. However, the deadline is July 31 giving us time to apply for it this year. Financial Impact: See attachments. Attachment: Project Cost Estimate, Grant Information Packet. Recommended Action: Council direction on how to proceed.

Cost Quantity Freight Total

Walking Trail Safety Enhancement

Rope 1,350$ 5 701$ 7,451$ Posts w/hole 37$ 300 1,350$ 12,366$ Labor/Equipment 10,000$ 1 10,000$

29,817$

Shoreline RestorationNorth

Concrete Blocks 60$ 100 6,000$ Sand 25$ 2,200 55,000$ Labor/Equipment 10,000$ 1 10,000$

SouthConcrete Blocks 60$ 70 4,200$ Sand 25$ 1,000 25,000$ Labor/Equipment 10,000$ 1 10,000$

110,200$

Splash Pad/PlaygroundDemolition 25,000$ 1 25,000$ Equipment 110,000$ 1 110,000$ Installation 75,000$ 1 75,000$ Benches, Tables, etc. 5,000$ 1 5,000$ Misc. 25,000$ 1 25,000$ Parking 40,000$ 1 40,000$

255,000$

395,017$

197,508$

Estimated amount not yet

confirmed.

Sub-Total

Sub-Total

Sub-Total

Total

50% Local Match

LAND AND WATER CONSERVATION FUNDGRANT APPLICATION AND GUIDE

2019

Oklahoma Tourism and Recreation Department Division of State Parks – Federal Grants Section

900 N. Stiles Avenue Oklahoma City, Oklahoma 73104

i

2

PREFACE

This guide will provide the Land and Water Conservation Fund applicant (project sponsor) with the instructions and forms necessary to prepare and submit a complete application. Project sponsors must provide all requested information in this application and guide to be considered for funding; therefore, it is important to read all items carefully. A checklist is included in the Appendix to help ensure project sponsors have met all requirements.

Project sponsors must submit two (2) bound original and one digital copy of the application and all supporting documents to:

Oklahoma Tourism & Recreation Department Division of State Parks – Federal Grants Section 900 N. Stiles Avenue Oklahoma City, OK 73104

Applications must be in our office by 4:00 P.M., the last business day of July.

Thank you for your interest in the Land and Water Conservation Fund program. Please contact our office with any questions or for assistance with the application process.

Susan Henry, Grant Administrator 405-522-9521 [email protected]

Rhonda Moore, Administrative Assistant/Reimbursements 405-522-9522 [email protected]

Eve Atkinson, Planner/ADA Accessibility 405-522-9516 [email protected]

mailto:[email protected]



3

LAND AND WATER CONSERVATION FUND

PROGRAM SUMMARY

The Land and Water Conservation Fund (LWCF) is a federal assistance program administered by the National Park Service (NPS) at the federal level. The NPS provides the LWCF matching grants to the States, and through the States to local governments, for the acquisition and development of public outdoor recreation areas and facilities.

Funds for the program are derived from sales of federal surplus, a small portion of federal motorboat fuel taxes, and Outer Continental Shelf (OCS) revenues from the leasing of oil and gas sites in coastal waters.

In Oklahoma, the Oklahoma Tourism and Recreation Department administers the fund at the state level through its Division of State Parks.

HISTORY AND PURPOSE

The Land and Water Conservation Fund Act of 1965 was enacted “…to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations…such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation…”

Goals of the LWCF State Assistance Program are to:

a. Meet state and locally identified public outdoor recreationresource needs to strengthen the health and vitality of the American People.

b. Increase the number of protected state and local outdoorrecreation resources and to ensure their availability for public use in perpetuity.

c. Encourage sound planning and long-term partnerships toexpand the quantity and to ensure the quality of needed state and local outdoor recreation resources.

4

STATEWIDE COMPREHENSIVE OUTDOOR RECREATION PLAN

In keeping with the law under the LWCF Act, the Oklahoma Tourism and Recreation Department coordinates the production of Oklahoma’s Statewide Comprehensive Outdoor Recreation Plan (SCORP). The SCORP is a study that evaluates the demand and supply of public outdoor recreation resources throughout the State.

The SCORP is used to identify priorities for acquiring, developing, and protecting all types of outdoor recreation resources and outdoor recreation programs throughout the State.

All proposed LWCF projects must meet priority outdoor recreation needs as identified in the current SCORP to be eligible for assistance. The SCORP can be found online at https://www.travelok.com/state-parks under the GET INVOLVED tab.

An approved local Master Plan that shows a need for the requested recreational facility may take priority over the SCORP needs assessment.

REIMBURSABLE GRANT

The Land and Water Conservation Fund is a reimbursable grant, meaning the project sponsor must pay all project costs as they are incurred. Sponsors then may request reimbursement for 50% of eligible expenses up to the amount approved for the project. All costs must be incurred and paid by the project sponsor during the project period as identified in the approved Sponsor Agreement. There is not a funding cap, so an eligible sponsor may request as much funding as they are able to match.

Any project expenses incurred or paid by the sponsor before or after the project period will not be eligible for reimbursement or project match.

TYPES OF PROJECTS

A. Acquisition – There must be public access. B. Development – Must provide or support public outdoor recreation. C. Combination (acquisition and development)

http://www.otrd.state.ok.us/rd/index%20frame.htm

https://www.travelok.com/state-parks

5

ELIGIBLE ACQUISITION PROJECTS

Acquisition of lands and waters for public outdoor recreation may be eligible for assistance. This may include new areas or additions to existing parks, forests, wildlife areas, beaches, and other similar areas dedicated to outdoor recreation. Acquisition may be accomplished through purchase, transfer, or by gift.

Any land acquisition included in the grant request or as part of the matching funds will need an appraisal and an appraisal review.

Appraisal requirements for land purchases. Unless a waiver valuation applies in accordance with 49 CFR 24.102(c), land or interests in land that will be acquired under the award must be appraised in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions, 6th Edition, dated December 6, 2016 (UASFLA or the “Yellow Book”) by a real property appraiser licensed or certified by the state or states in which the property is located. The appraisal report shall be reviewed by a qualified review appraiser that meets qualifications established by the DOI Appraisal and Valuation Services Office (AVSO), which is responsible for appraisal and valuation services and policy across the Department. See UASFLA Section C-1 for further guidance on technical reviews.

ELIGIBLE DEVELOPMENT PROJECTS

Development projects may consist of basic outdoor recreation facilities to serve the general public as long as the projects are in the public interest and in accord with the SCORP. Such eligible facilities may include but are not limited to the following facility types:

Sports and playfields used in competitive and individual sports (baseball, softball, soccer, and football, tennis courts, golf courses, rodeo arenas, skate parks, etc.); Playgrounds and tot lots; Picnic or camping facilities (tables, fireplaces, shelters, etc.); Trails (nature, hiking, bicycling, horseback riding, exercising, etc.); Swimming facilities (outdoor pools, wading pools, spray grounds, splash pads, etc.); Boating facilities (docks, ramps, berths, etc.)

Support facilities (roads, parking areas, walkways, restrooms, utilities, etc.) may also be eligible for funding if they are needed by the public for outdoor recreation use of an area. Some restrictions may apply to certain facilities or locations.

https://www.federalregister.gov/select-citation/2019/03/21/49-CFR-24.102

6

All facilities within the project boundary (either existing or proposed) must conform to current ADA accessibility standards.

All utility lines (either existing or proposed) must be buried or relocated.

7

PROJECT SPONSOR COMMITMENT AND RESPONSIBILITY

ELIGIBLE APPLICANTS

Incorporated cities, counties, state agencies, Indian Tribes, public schools and public universities are eligible to apply for Land and Water Conservation Funds for the acquisition and development of outdoor recreation projects. State Parks and statewide planning projects may also be funded.

All eligible project sponsors must be able to commit their resources to the perpetual stewardship of the LWCF-assisted public outdoor recreation area.

OWNERSHIP AND CONTROL

If land acquisition is part of a project, the sponsor may not take title to the land or begin development until after both federal and state approval of the project. An appraisal of the property will be required.

For all development projects, the project sponsor must possess sufficient title and adequate legal control of the property. This will typically require the sponsor to hold fee-simple title to the property. However, ownership of less-than-fee interest may be acceptable if it provides for permanent control of the property to be utilized as an outdoor recreation area in perpetuity.

PERMANENT OUTDOOR RECREATION ESTATE

The Land and Water Conservation Fund Act requires the sponsor to operate and maintain the properties or facilities acquired, developed, and/or renovated with LWCF assistance for public outdoor recreation use in perpetuity. As required by Section 6(f)(3) of the LWCF Act, should any portion of LWCF-assisted property be converted for anything other than public outdoor recreation use, the project sponsor must replace, at its own expense, the converted property with property having equal or greater appraised value and equal or greater recreational usefulness.

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OPERATION AND MAINTENANCE

Property acquired or developed with LWCF assistance must be operated and maintained by the project sponsor according to certain federal and state standards. These responsibilities begin immediately upon completion of a project and will remain as such in perpetuity.

Beginning no later than five years from project completion, staff from the Oklahoma Tourism & Recreation Department will make periodic compliance inspections (with or without notice). Staff from the National Park Service may also conduct random inspections to ensure long-term stewardship.

Every application must contain a five-year maintenance plan that includes anticipated needs and costs as well as available resources for operating and maintaining the project area. You will find this noted in the Attachments section.

Operation and Maintenance Guidelines are included in the Appendix.

PROJECT EXECUTION

The Oklahoma Tourism and Recreation Department encourages project sponsors to begin projects promptly following state and federal approval. It is important sponsors commit the necessary resources toward the project to ensure the facilities are available timely to the public.

Failure of sponsors to initiate a project within a reasonable period of time may result in rescission of funds and termination of the project agreement.

9

PROJECT RESEARCH AND PLANNING

PUBLIC PARTICIPATION

Project sponsors are required to hold a public meeting to obtain input from the interested and affected public on recreation needs and the planning of each proposed project. A public notice about the meeting must appear in a local newspaper at least 7 days prior to the date of the hearing.

Applications must include a description of this process as well as the minutes and attendance records of the meeting. Proof of publication of the notice and other methods of invitation to the public to participate in the public hearing are also required.

Project sponsors should attempt to develop a comprehensive project plan based on information and input received at the public hearing.

PROJECT LOCATION

When determining the location for a project, project sponsors should choose an area suitable for the proposed recreation facilities as well as any support facilities that will serve the project area. The location should be free of adverse environmental factors that could minimize quality recreation or present a health or safety hazard. The area should also be easily accessible for users as well as maintenance and control.

Again, sponsors should keep in mind that all facilities within the project boundary (either existing or proposed) must conform to current ADA accessibility standards, and all utility lines (either existing or proposed) must be buried or relocated. These requirements may be a factor when choosing a feasible project location.

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PLANS AND SPECIFICATIONS

Plans for the development of land and/or facilities should be based on the needs of the public, the expected use, and the type and character of the project area. Facilities should be attractive for public use and generally be consistent with the environment. Plans and specifications for the improvements should be in accord with established engineering and architectural practices. Emphasis should be given to the health and safety of the users, accessibility to the general public, and the protection of the recreational and natural values of the area.

After a proposed project has been approved for funding, the project sponsor will be required to sign a form (to be provided), certifying acceptable practice and code compliance.

PRELIMINARY CONSTRUCTION FLOOR PLANS

For projects that include enclosed buildings such as restrooms or storage buildings, the Project Sponsor must submit a preliminary floor plan for each building being constructed indicating the intended use of each room or area. Accurate dimensions must be shown, including door openings, stall openings and the size of exterior slab or foundation. All spaces and the entry to the building must meet accessibility requirements.

FLOOD PLAIN

If the project area is in a flood plain as designated by HUD, the Project Sponsor will be required to obtain flood insurance. A written assurance to purchase flood insurance to cover all walled or roofed structures being constructed must be included with the application. If the project area is not in a flood plain, the Project Sponsor must include a written statement to that effect.

COST ESTIMATE A cost estimate is required in every project application. It must follow the format of the example included in the Appendix.

A cost estimate should be drafted to determine the estimated costs and to assess the sponsor’s resources to complete the project. In addition to actual construction costs, the cost estimate should take into account expenses for items such as site clearing, preparation, landscaping, accessibility, burying utility lines, and signage.

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SIGNAGE

LWCF Acknowledgement: Project sponsors are required to install and maintain permanent signs acknowledging the federal-state-local partnership role in providing the outdoor recreation areas and facilities that were acquired or developed with assistance from the Land and Water Conservation Fund.

Public Availability: Project areas and facilities must be available for public use at reasonable hours and times of the year, according to the type of area or facility. Some areas or facilities may be reserved at certain times for school use (or use by other organizations). At such facilities, the project sponsor is required to install and maintain a sign posting public availability.

Sign specifications and examples are provided in the Appendix.

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APPLICATION AND EVALUATION PROCEDURES

PRIORITY RATING SYSTEM

Complete applications received by the Oklahoma Tourism and Recreation Department by 4:00 P.M., the last business day of July, will be reviewed by this office and ranked using the Priority Rating System. The Priority Rating System is included in the Appendix to assist project sponsors in preparing applications to achieve their highest possible scores.

This period of review and ranking will take place within the first few months following the application deadline.

APPROPRIATION A N D PRE-APPROVAL

After this office receives official notification of Oklahoma’s Land and Water Conservation Fund appropriation , the applications will be selected for recommended funding by this office in order from the highest scoring project (according to the Priority Rating System) until the annual appropriation is exhausted. Recommendations will be sent to the Governor’s office for pre- approval, and then submitted to the National Park Service for final approval.

ENVIRONMENTAL REVIEWS

Upon receiving State pre-approval, the project sponsor will be required to submit state environmental review documentation relating to the project to the Oklahoma Archeological Survey and the Oklahoma Historic Preservation Offices.

http://www.okhistory.org/shpo/shpom.htm

The Oklahoma Tourism & Recreation Department will provide the forms for obtaining these reviews. Project applications will not be submitted to the National Park Service until the environmental reviews have been completed and clearance obtained.

Project sponsors should allow four to six weeks for the environmental reviews to be conducted.

http://www.okhistory.org/shpo/shpom.htm

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INSPECTIONS

Once the proposed project has received environmental clearance, OTRD staff will conduct a pre-award inspection of the project site.

Note: A minimum of two more inspections will be conducted over the course of an approved project period. OTRD staff will conduct an inspection when a project is approximately 50% complete. A final inspection will also be required before the final reimbursement of funds is processed.

NATIONAL PARK SERVICE

After all State reviews and inspections have been completed with positive results and all necessary documentation has been obtained, pre-approved project applications will be forwarded to the National Park Service Regional Office for federal review and approval. Project sponsors should allow four to eight weeks for the NPS review.

SPONSOR AGREEMENT

Once the National Park Service provides official notice to our office that a project application has been approved, we will prepare an agreement between OTRD and the project sponsor. The agreement will include the scope of the project and the project period. Any additional documents or forms needed specific to the project also will be obtained.

After all required documents are on file in this office and both parties have signed the agreement, the project sponsor will receive official notice to begin work on the project. Any project expenses incurred or paid by the sponsor before the Sponsor Agreement is signed by both parties will not be eligible for reimbursement or project match.

Project Sponsor Information Project Sponsor: Federal ID#: Primary Contact: Contact Title: Mailing Address: City/Zip: County: Phone:

Project/Site Information Project Title: _________________________ Type of Project: Acquisition ______

Development _______ Combination

Park Name: Acreage of Property: Longitude: Latitude: Previous LWCF funding at this site? Y __ N __

Email: Additional Contact Info/Instructions:

*If yes, provide LWCF project number(s):

First or second application submission for this project? 1st _____ 2nd _____

Brief description of proposed project:

Project Cost LWCF Federal Funds Requested: $ Sponsor Match: $ Total Estimated Project Cost: $ Does the sponsor currently have the 50% match readily available? Yes Certification

No

I hereby certify that the information contained in this application and all supporting documents are, to the best of my knowledge, both true and accurate. The submission of this application has been duly authorized by the governing body of the applicant (project sponsor), and the applicant/project sponsor will comply with the attached assurances if assistance is awarded.

Print Name of Authorized Representative Title of Authorized Representative

Signature of Authorized Representative Date (Signature must be Mayor or City Manager or other such person with governing authority) 14

2018 LAND AND WATER CONSERVATION FUND PROJECT APPLICATION

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LWCF PROJECT APPLICATION

Project Sponsors, please read all instructions thoroughly. All items are required as part of your application. Incomplete applications will not be considered for LWCF funding. Organize your application in the order of the sections below and submit as a separate document: I. Project Narrative; II. Financial Profile; III. Property Information/Maps; IV. Environmental Assessment; V. Supplemental Attachments. Please use the Project Application Summary as a cover page and label, index or tab each major section for easy reference.

Answer all questions as completely and clearly as possible. Do not assume those reviewing your application will have any prior knowledge or information. The review committee may include individuals who are not familiar with you or your area.

SECTION I. PROJECT NARRATIVE

A. Project Justification 1. Why does your community need this project? How are peopleadversely affected by the current situation? Provide information about economic, social, financial, physical, institutional or other issues related to the need.

2. Provide information on the project site or facility usage (frequency ofuse, number of users, age groups affected, current uses of the area, etc.).

3. Provide information received from the interested affected public aboutcommunity recreation needs. Include records and minutes from public meetings or public comment periods. At a minimum, the completed application and required support material must be available for comment at the duly advertised public meeting.

4. Discuss how you chose this project as a priority in the community. Citethe results of citizen surveys or similar local input, including letters of support. You are encouraged to include the items with your application.

5. Comment on partnerships with local citizens and organizations whowill offer support relative to planning, development and/or upkeep of the proposed project.

6. List any other areas or facilities owned by the sponsor that providethe same type of recreation proposed by this project. Provide an explanation why the new developments are needed.

7. Provide any additional comments to justify the need for this project.

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B. Project Description

Provide a detailed description of the proposed project.

1. Explain the scope of work you intend to complete using the fundsrequested. 2. Describe the characteristics of the project area to be included within

the 6(f) (3) boundary (also shown on your site map). Include the physical location, type of terrain, and any notable features. 3. Discuss the existing developments in the project area. Include any

support facilities, lighting, water lines, easements, or rights-of-way. If non-recreational facilities or structures are in the project area (other than support facilities), describe how they are being used. Note any structures that will be removed for this project.

4.Explain any proposed renovation or replacement of older facilities orequipment as part of this project.

5. Describe any natural, cultural, or historical features associated with

the project area that will serve to enhance or preserve the area.

6. Explain how this project might serve to protect the environment or

solve a site problem. Include how it might reduce the potential for vandalism or provide for ease of maintenance. 7. How will the project will meet or exceed the Americans with

Disabilities Act (ADA)? Describe any existing accessibility features as well as the accessibility developments included with this project.

8. Explain any overhead utility lines that currently exist within the projectboundary. Describe whether they will be buried or relocated. All overhead lines must be identified on the required site map. 9. List and describe any prior LWCF-funded projects in this project area orat other sponsor-owned locations. Have any of the LWCF project areas been closed, or have any been all or partially converted to non-outdoor recreational use? If so, explain.

10. Provide a project schedule for the commencement, progress, and

completion of this project. List an anticipated timeframe for each stage. 11. Describe the degree of commitment to continue operationand maintenance of the project after the project is complete and provide a 5 year maintenance plan including cost.

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SECTION II. FINANCIAL PROFILE

A. Cost Estimate and Sponsor’s Matching Share Provide documentation that shows the minimum required 50% local match for the project is readily available. Include tables detailing the sources and uses of funding, including line item expenses. An example is provided in the Appendix.

The following is a list of methods by which the local share of a project may be financed. You may use one or a combination of these methods:

Donated Cash: Strictly monetary contributions. Project sponsor will be required to provide documentation (invoices, etc.) how the money was used when requesting reimbursement.

Donated Land: Strictly the donation of real property by a non-public entity. Land must be appraised according to LWCF guidelines. Do NOT take title prior to project approval or the land value will NOT be eligible for reimbursement.

Donated Equipment/Materials: The actual items are donated for permanent ownership.

Donated Labor and/or Equipment Use: Donated Labor is an estimated value of unpaid labor performed by volunteers on the project based on the wage scale of the job performed. Donated Equipment Use is the estimated value of donated equipment to be used on the project, based on FEMA hourly-use rates.

Land Acquisition: The purchase of real property. Land must be appraised according to LWCF guidelines. Do NOT take title prior to project approval or the land value will NOT be eligible for reimbursement.

Cash Financing: The purchase of equipment or materials, hiring paid labor, or contracting for work performance by a private business.

In-kind Labor and/or Equipment Use: In-kind Labor is the estimated value of the wages to be paid to the sponsor’s employees for work on this project. In-kind Equipment Use is the estimated value of sponsor-owned equipment to be used on the project, based on FEMA hourly-use rates.

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1

SECTION III. PROPERTY INFORMATION/MAPS

A. Land Ownership 1. To ensure the sponsor has control and tenure of the site, the sponsor isrequired to submit a copy of the Title or Deed.

2. For acquisition or combination projects, only a Certificate of Title isnecessary at the time of application. After state and federal approval and acquisition by sponsor, an updated Title will be required.

B. Location Map Provide an aerial map of the city or county showing the geographic location of the proposed project. Identify park boundaries and outline the proposed project area within the park.

C. Project 6(f) (3) Boundary Map The project boundary map is one of the most important components of the project proposal. This map should clearly delineate the property boundaries. The boundary map will identify the area to be permanently dedicated to public outdoor recreation under provisions of Section 6(f) (3) of the Land and Water Conservation Fund Act.

The boundary map must have the legal boundaries highlighted in red. Include the street names and make sure they are legible. Also include LWCF Recreational Area as the header, Project Title, Acreage, Latitude and Longitude, North Arrow, and the date and signature of the Project Sponsor.

D. Site Map/Plan The site map/plan should show existing facilities, including overhead utility lines and lighting. The map should also show the proposed facilities to be included in this project. Existing and proposed facilities need to be clearly designated as such.

E. Floor Plan Floor plans for all proposed support buildings (restrooms, shelters, etc.) must be submitted and clearly indicate Americans with Disabilities Act compliance.

NOTE: Separate maps may be submitted to satisfy the project boundary map and site map requirements, or one map containing all the required information may be submitted for both.

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SECTION IV. ENVIRONMENTAL ASSESSMENT

NPS Form 10-904 (Rev. 09/2016) OMB Control No. 1024-0031 National Park Service Expiration Date 01/31/2020

PROPOSAL DESCRIPTION AND ENVIRONMENTAL SCREENING FORM Land and Water Conservation Fund

RECORDS RETENTION - Permanent. Transfer all permanent records to NARA 15 years after closure. (NPS Records Schedule, Page 1 of 11 National Assistance Programs (Item 8.A.2) (N1-79-08-7))

The purpose of this Proposal Description and Environmental Screening Form (PD/ESF) is to provide descriptive and environmental information about a variety of Land and Water Conservation Fund (LWCF) state assistance proposals submitted for National Park Service (NPS) review and decision. The completed PD/ESF becomes part of the “federal administrative record” in accordance with the National Environmental Policy Act (NEPA) and its implementing regulations. The PD portion of the form captures administrative and descriptive details enabling the NPS to understand the proposal. The ESF portion is designed for States and/or project sponsors to use while the LWCF proposal is under development. Upon completion, the ESF will indicate the resources that could be impacted by the proposal enabling States and/or project sponsors to more accurately follow an appropriate pathway for NEPA analysis: 1) a recommendation for a Categorical Exclusion (CE), 2) production of an Environmental Assessment (EA), or 3) production of an Environmental Impact Statement (EIS). The ESF should also be used to document any previously conducted yet still viable environmental analysis if used for this federal proposal. The completed PD/ESF must be submitted as part of the State’s LWCF proposal to NPS.

Except for the proposals listed below, the PD/ESF must be completed, including the appropriate NEPA document, signed by the

State, and submitted with each new federal application for LWCF assistance and amendments for: scope changes that alter or add facilities and/or acres; conversions; public facility exceptions; sheltering outdoor facilities; and changing the original intended use of an area from that which was approved in an earlier LWCF agreement. Consult the LWCF Program Manual (www.nps.gov/lwcf) for detailed guidance for your type of proposal and on how to comply with NEPA.

For the following types of proposals only this Cover Page is required because these types of proposals are administrative in

nature and are categorically excluded from further NEPA environmental analysis. NPS will complete the NEPA CE Form. Simply check the applicable box below, and complete and submit only this Cover Page to NPS along with the other items required for your type of

proposal as instructed in the LWCF Program Manual.

SCORP planning proposal

Time extension with no change in project scope or with a reduction in project scope

To delete work and no other work is added back into the project scope

To change project cost with no change in project scope or with a reduction in project scope

To make an administrative change that does not change project scope

Name of LWCF Proposal: Date Submitted to NPS:

LWCF Project Number: Prior LWCF Project Number(s) and Park Name(s) Associated with the Assisted Site(s):

Local or State Project Sponsoring Agency (recipient, or sub-recipient in case of pass-through grants)

Name of Local or State Sponsor Contact: Title

Address City State Zip Code

Phone Fax Email Address

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Using a separate sheet for narrative descriptions and explanations, address each item and question in the order it is presented, and identify each response with its item number such as Step 1-A1, A2; Step 3-B1; Step 6-A1, A29; etc.

Step 1. Type of LWCF Proposal

New Project Application Acquisition Development Combination (Acquisition and Development Go to Step A Go to Step 2B Go to Step 2C

New Project Application Increase in scope or change in scope from original agreement. Complete Steps 3A, and 5 through 7.

6(f) conversion proposal. Complete Steps 3B, and 5 through 7. Request for public facility in a Section 6(f) area. Complete Steps 3C, and 5 through 7.

Request for temporary non-conforming use in a Section 6(f) area. Complete Steps 4A, and 5 through 7.

Request for significant change in use/intent of original LWCF application. Complete Steps 4B, and 5 through 7.

Request to shelter existing/new facility within a Section 6(f) area regardless of funding source. Complete Steps 4C, and 5 through 7.

Step 2. New Project Application (See LWCF Manual for guidance)

A. For an Acquisition Project 1. Provide a brief narrative about the proposal that provides the reasons for the acquisition, the number of acres to be acquired

with LWCF assistance, and a description of the property. Describe and quantify the types of existing resources and features on the site (for example, 50 acres wetland, 2,000 feet beachfront, 200 acres forest, scenic views, 100 acres riparian, vacant lot, special habitat, any unique or special features, recreation amenities, historic/cultural resources, hazardous materials/ contamination history, restrictions, institutional controls, easements, rights-of-way, above ground/underground utilities, including wires, towers, etc.).

2. How and when will the site be made open and accessible for public outdoor recreation use (signage, entries, parking, siteimprovements, allowable activities, etc.)?

3. Describe development plans for the proposal for the site(s) for public outdoor recreation use within the next three (3) years.

4. SLO must complete the State Appraisal/Waiver Valuation Review form in Step 7 certifying that the appraisal(s) has beenreviewed and meets the “Uniform Appraisal Standards for Federal Land Acquisitions” or a waiver valuation was approved per49 CFR 24.102(c)(2)(ii). State should retain copies of the appraisals and make them available if needed.

5. Address each item in “D” below.

B. For a Development Project 1. Describe the physical improvements and/or facilities that will be developed with federal LWCF assistance, including a site

sketch depicting improvements, where and how the public will access the site, parking, etc. Indicate entrances on 6(f) map. Indicate to what extent the project involves new development, rehabilitation, and/or replacement of existing facilities.

2. When will the project be completed and open for public outdoor recreation use?


C. For a Combination Project

1. For the acquisition part of the proposal:

a. Provide a brief narrative about the proposal that provides the reasons for the acquisition, number of acres to be acquiredwith LWCF assistance, and describes the property. Describe and quantify the types of existing resources and featureson the site (for example, 50 acres wetland, 2,000 feet beachfront, 200 acres forest, scenic views, 100 acres riparian,vacant lot, special habitat, any unique or special features, recreation amenities, historic/cultural resources, hazardousmaterials/ contamination history, restrictions, institutional controls, easements, rights-of-way, above ground/undergroundutilities, including wires, towers, etc.)

b. How and when will the site be made open and accessible for public outdoor recreation use (signage, entries, parking,site improvements, allowable activities, etc.)?

c.Describe development plans for the proposed for the site(s) for public outdoor recreation use within the next three (3)years.

d. SLO must complete the State Appraisal/Waiver Valuation Review form in Step 7 certifying that the appraisal(s) has beenreviewed and meets the “Uniform Appraisal Standards for Federal Land Acquisitions” or a waiver valuation wasapproved per 49 CFR 24.102(c)(2)(ii). State should retain copies of the appraisals and make them available if needed.

2. For the development part of the proposal:

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Page 3 of 11

a. Describe the physical improvements and/or facilities that will be developed with federal LWCF assistance, including asite sketch depicting improvements, where and how the public will access the site, parking, etc. Indicate entrances on6(f) map. Indicate to what extent the project involves new development, rehabilitation, and/or replacement of existingfacilities.

b. When will the project be completed and open for public outdoor recreation use?


D. For a Combination Project

1.Will this proposal create a new public park/recreation area where none previously existed and is not an addition to an existingpublic park/recreation area? Yes (go to #3) No (go to #2)

2. a. What is the name of the pre-existing public area that this new site will be added to?

b. Is the pre-existing public park/recreation area already protected under Section 6(f)? Yes No If no, will it now be included in the 6(f) boundary? Yes No

3. What will be the name of this new public park/recreation area?

4. a. Who will hold title to the property assisted by LWCF? Who will manage and operate the site(s)?

b. What is the sponsor’s type of ownership and control of the property?

Fee simple ownership

Less than fee simple. Explain:

Lease. Describe lease terms including renewable clauses, # of years remaining on lease, etc. Who will lease area? Submit copy of lease with this PD/ESF. (See LWCF Manual for program restrictions for

leases and further guidance)

5. Describe the nature of any rights-of-way, easements, reversionary interests, etc. to the Section 6(f) park area? Indicate thelocation on 6(f) map. Do parties understand that a Section 6(f) conversion may occur if private or non-recreation activities occur on any pre-existing right-of-way, easement, leased area?

6. Are overhead utility lines present, and if so, explain how they will be treated per LWCF Manual.

7. As a result of this project, describe new types of outdoor recreation opportunities and capacities, and short and long term

public benefits.8. Explain any existing non-recreation and non-public uses that will continue on the site(s) and/or proposed for the future within

the 6(f) boundary.

9. Describe the planning process that led to the development of this proposal. Your narrative should address:

a. How was the interested and affected public notified and provided opportunity to be involved in planning for anddeveloping your LWCF proposal? Who was involved and how were they able to review the completed proposal,

including any state, local, federal agency professionals, subject matter experts, members of the public and Indian Tribes.Describe any public meetings held and/or formal public comment periods, including dates and length of time provided forthe public to participate in the planning process and/or to provide comments on the completed proposal.

b. What information was made available to the public for review and comment? Did the sponsor provide written responsesaddressing the comments? If so, include responses with this PD/ESF submission.

10. How does this proposal implement statewide outdoor recreation goals as presented in the Statewide Comprehensive OutdoorRecreation Plan (SCORP) (include references), and explain why this proposal was selected using the State’s Open ProjectSelection Process (OPSP).

11. List all source(s) and amounts of financial match to the LWCF federal share of the project. The value of the match can consistof cash, donation, and in-kind contributions. The federal LWCF share and financial matches must result in a viable outdoorrecreation area and not rely on other funding not mentioned here. Other federal resources may be used as a match ifspecifically authorized by law.

Source Type of Match Amount

12. Is this LWCF project scope part of a larger effort not reflected on the SF-424 (Application for Federal Assistance) and grantagreement? If so, briefly describe the larger effort, funding amount(s) and source(s). This will capture information aboutpartnerships and how LWCF plays a role in leveraging funding for projects beyond the scope of this federal grant.

13. List all required federal, state, and local permits/approvals needed for the proposal and explain their purpose and status.

Proceed to Steps 5 through 7

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Step 3. Project Amendment (See LWCF Manual for guidance)

A. Increase/Change in Project Scope

1.For Acquisition Projects: To acquire additional property that was not described in the original project proposal and NEPA

documentation, follow Step 2A-Acquisition Project and 2D.

2.For Development Projects: To change the project scope for a development project that alters work from the original project

scope by adding elements or enlarging facilities, follow Step 2B-Development Project and 2D.

3. For Combination Projects: Follow Step 2C as appropriate.

B. Section 6(f)(3) Conversion Proposal Prior to developing your Section 6(f)(3) conversion proposal, you must consult the LWCF Manual and 36 CFR 59.3 for complete guidance on conversions. Local sponsors must consult early with the State LWCF manager when a conversion is under consideration or has been discovered. States must consult with their NPS-LWCF manager as early as possible in the conversion process for guidance and to sort out and discuss details of the conversion proposal to avoid mid-course corrections and unnecessary delays. A critical first step is for the State and NPS to agree on the size of the Section 6(f) park land impacted by any non-recreation, non-public use, especially prior to any appraisal activity. Any previous LWCF project agreements and actions must

be identified and understood to determine the actual Section 6(f) boundary.

The Section 6(f)(3) conversion proposal including the required NEPA environmental review documents (CE recommendation or an EA document) must focus on the loss of public outdoor recreation park land and recreational usefulness, and its replacement per 36 CFR 59, and not the activities precipitating the conversion or benefits thereof, such as the impacts of constructing a new school to relieve overcrowding or constructing a hotel/restaurant facility to stimulate the local economy. Rather, the environmental review must: 1) focus on “resource impacts” as indicated on the ESF (Step 6), including the loss of public park land and recreation opportunities (ESF A-15), and 2) the impacts of creating new replacement park land and replacement recreation opportunities. A separate ESF must be generated for the converted park area and each replacement site. Section 6(f)(3) conversions always have more than minor impacts to outdoor recreation (ESF A-15) as a result of loss of parkland requiring an EA, except for “small” conversions as defined in the LWCF Manual Chapter 8.

For NPS review and decision, the following elements are required to be included in the State’s completed conversion proposal to be submitted to NPS:

1. A letter of transmittal from the SLO recommending the proposal.

2. A detailed explanation of the sponsor’s need to convert the Section 6(f) parkland including all efforts to consider other practicalalternatives to this conversion, how they were evaluated, and the reasons they were not pursued.

3. An explanation of how the conversion is in accord with the State Comprehensive Outdoor Recreation Plan (SCORP).

4. Completed “State Appraisal/Waiver Valuation Review form in Step 7 for each of the converted and replacement parcelscertifying that the appraisals meet the “Uniform Appraisal Standards for Federal Land Acquisitions.” States must retain copiesof the appraisals/waiver valuations and make them available for review upon request.

5. For the park land proposed for conversion, a detailed description including the following:

a. Specific geographic location on a map, 9-digit zip code, and name of park or recreation area proposed for conversion.

b. Description of the area proposed for the conversion including the acreage to be converted and any acreage remaining.For determining the size of the conversion, consider not only the physical footprint of the activity precipitating theconversion, but how the precipitating activity will impact the entire 6(f) park area. In many cases the size of the convertedarea is larger than the physical footprint. Include a description of the recreation resources, facilities, and recreationopportunities that will be impacted, displaced or lost by the proposed conversion. For proposals to partially convert aSection 6(f) park area, the remaining 6(f) park land must remain recreationally viable and not be impacted by the activitiesthat are precipitating the conversion. If it is anticipated that the precipitating activities impact the remaining Section 6(f)area, the proposed area for the conversion should be expanded to encompass all impacted park land.

c. Description of the community and population served by the park, including users of the park and uses.

d. For partial conversions, a revised 6(f) map clearly indicating both the portion that is being converted and the portionremaining intact under Section 6(f).

6. For each proposed replacement site:

a. Specific geographic location on a map, 9-digit zip code, and geographical relationship of converted and replacementsites. If site will be added to an existing public park/outdoor recreation area, indicate on map.

b. Description of the site’s physical characteristics and resource attributes with number and types of resources and featureson the site, for example, 15 acres wetland, 2,000 feet beachfront, 50 acres forest, scenic views, 75 acres riparian, vacantlot, special habitat, any unique or special features, structures, recreation amenities, historic/cultural resources, hazardousmaterials/contamination history, restrictions, institutional controls, easements, rights-of-way, overhead/undergroundutilities including overhead wires, towers, etc.

c. Identification of the owner of the replacement site and its recent history of use/function up to the present.

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d. Detailed explanation of how the proposed replacement site is of reasonably equivalent usefulness and location as theproperty being converted, including a description of the recreation needs that will be met by the new replacement parks,populations to be served, and new outdoor recreation resources, facilities, and opportunities to be provided.

e. Identification of owner and manager of the new replacement park?

f. Name of the new replacement park. If the replacement park is added to an existing public park area, will the existingarea be included within the 6(f) boundary? What is the name of the existing public park area?

g. Timeframe for completing the new outdoor recreation area(s) to replace the recreation opportunity lost per the terms ofconversion approval and the date replacement park(s) will be open to the public.

h. New Section 6(f) map for the new replacement park.

7. NEPA environmental review, including NHPA Section 106 review, for both the converted and replacement sites in the samedocument to analyze how the converted park land and recreational usefulness will be replaced. Except for “small” conversions(see LWCF Manual Chapter 8), conversions usually require an EA.


C. Proposal for a Public Facility in a Section 6(f) Area Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. In summary, NPS must review and decide on requests to construct a public indoor and/or non-recreation facility within a Section 6(f) area. In certain cases NPS may approve the construction of public facilities within a Section 6(f) area where it can be shown that there will be a net gain in outdoor recreation benefits and enhancements for the entire park. In most cases, development of a non-recreation public facility within a

Section 6(f) area constitutes a conversion. For NPS review, the State/sponsor must submit a proposal to NPS under a letter of transmittal from the SLO that: 1. Describes the purpose and all proposed uses of the public facility such as types of programming, recreation activities, and

special events including intended users of the new facility and any agency, organization, or other party to occupy the facility. Describe the interior and exterior of the facility, such as office space, meeting rooms, food/beverage area, residential/lodging area, classrooms, gyms, etc. Explain how the facility will be compatible with the outdoor recreation area. Explain how the facility and associated uses will significantly support and enhance existing and planned outdoor recreation resources and uses of the site, and how outdoor recreation use will remain the primary function of the site. (The public’s outdoor recreation use must continue to be greater than that expected for any indoor use, unless the site is a single facility, such as a swimming pool, which virtually occupies the entire site.)

2. Indicates the exact location of the proposed public facility and associated activities on the site’s Section 6(f) map. Explain thedesign and location alternatives considered for the public facility and why they were not pursued.

3. Explains who will own and/or operate and maintain the facility? Attach any 3rd

party leases and operation and managementagreements. When will the facility be open to the public? Will the facility ever be used for private functions and closed to the public? Explain any user or other fees that will be instituted, including the fee structure.

4. Includes required documents as a result of a completed NEPA process (Steps 5 – 7).


Step 4. Proposals for Temporary Non-Conforming Use, Significant Change in Use, and Sheltering Facilities

(See LWCF Manual for guidance)

A. Proposal for Temporary Non-Conforming Use Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. NPS must review and decided on requests for temporary uses that do not meet the requirements of allowable activities within a Section 6(f) area. A temporary non-conforming use is limited to a period of six months (180 days) or less. Continued use beyond six-months will not be considered temporary, and may result in a Section 6(f)(3) conversion of use requiring the replacement of converted parkland. For NPS review, describe the temporary non-conforming use (activities other than public outdoor recreation) in detail including the following information:


2. Describe in detail the proposed temporary non-conforming use and all associated activities, why it is needed, and alternativelocations that were considered and why they were not pursued.

3. Explain length of time needed for the temporary non-conforming use and why.

4. Describe the size of the Section 6(f) area affected by the temporary non-conforming use activities and expected impacts topublic outdoor recreation areas, facilities and opportunities. Explain efforts to keep the size of the area impacted to a minimum.Indicate the location of the non-conforming use on the site’s 6(f) map.

5. Describe any anticipated temporary/permanent impacts to the Section 6(f) area and how the sponsor will mitigate them duringand after the non-conforming use ceases.

6. Consult the LWCF Manual for additional requirements and guidelines before developing the proposal.


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B. Proposal for Significant Change in Use Prior to developing the proposal, you must consult the LWCF Manual for complete guidance. NPS approval must be obtained prior to any change from one eligible use to another when the proposed use would significantly contravene the original plans or intent for the area outlined in the original LWCF application for federal assistance. Consult with NPS for early determination on the need for a formal review. NPS approval is only required for proposals that will significantly change the use of a LWCF-assisted site (e.g., from passive to active recreation). The proposal must include and address the following items:


2. Description of the proposed changes and how they significantly contravene the original plans or intent of LWCF agreements.

3. Explanation of the need for change in use and how the change is consistent with local plans and the SCORP.



C. Proposal for Sheltering Facilities Prior to developing this proposal, you must consult the LWCF Manual for complete guidance. NPS must review and decide on all proposals to shelter an existing outdoor recreation facility or construct a new sheltered recreation facility within a Section 6(f) area regardless of funding source. The proposal must demonstrate that there is an increased benefit to public recreation opportunity. Describe the sheltering proposal in detail, including the following:


2. Describe the proposed sheltered facility, how it would operate, how the sheltered facility will include recreation uses that couldtypically occur outdoors, and how the primary purpose of the sheltered facility is recreation.

3. Explain how the sheltered facility would not substantially diminish the outdoor recreation values of the site including how thesheltered facility will be compatible and significantly supportive of the outdoor recreation resources present and/or planned.

4. Explain how the sheltered facility will benefit the total park’s outdoor recreation use.

5. Describe efforts provided to the public to review the proposal to shelter the facility and has local support.

6. Document that the sheltered facility will be under the control and tenure of the public agency which sponsors and administers theoriginal park area.



Step 5. Summary of Previous Environmental Review (including E.O. 12372 - Intergovernmental Review)

To avoid duplication of effort and unnecessary delays, describe any prior environmental review undertaken at any time and still viable for this proposal or related efforts that could be useful for understanding potential environmental impacts. Consider previous local, state, federal (e.g. HUD, EPA, USFWS, FHWA, DOT) and any other environmental reviews. At a minimum, address the following:

1. Date of environmental review(s), purpose for the environmental review(s) and for whom they were conducted.

2. Description of the proposed action and alternatives.

3. Who was involved in identifying resource impact issues and developing the proposal including the interested and affected public,government agencies, and Indian tribes?

4. Environmental resources analyzed and determination of impacts for proposed actions and alternatives.

5. Any mitigation measures to be part of the proposed action.

6. Intergovernmental Review Process (Executive Order 12372):Does the State have an Intergovernmental Review Process? Yes No . If “Yes”, has the LWCF Program been selected for review under the State Intergovernmental Review Process? Yes No . If “Yes”, was this proposal reviewed by the

appropriate State, metropolitan, regional and local agencies, and if so, attach any information and comments received about thisproposal. If proposal was not reviewed, explain why not.

7. Public comment periods (how long, when in the process, who was invited to comment) and agency response.

8. Any formal decision and supporting reasons regarding degree of potential impacts to the human environment.

9. Was this proposed LWCF federal action and/or any other federal actions analyzed/reviewed in any of the previous environmentalreviews? If so, what was analyzed and what impacts were identified? Provide specific environmental review documentreferences.

Use resource impact information generated during previous environmental reviews described above and from recently conducted site inspections to complete the Environmental Screening Form (ESF) portion of this PD/ESF under Step 6. Your ESF responses should indicate your proposal’s potential for impacting each resource as determined in the previous environmental review(s), and include a reference to where the analysis can be found in an earlier environmental review document. If the previous environmental review documents contain proposed actions to mitigate impacts, briefly summarize the mitigation for each resource as appropriate. The appropriate references for previous environmental review document(s) must be documented on the ESF, and the actual document(s)

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along with this PD/ESF must be included in the submission for NPS review.


Step 6. Environmental Screening Form (ESF) This portion of the PD/ESF is a working tool used to identify the level of environmental documentation which must accompany the proposal submission to the NPS. By completing the ESF, the project sponsor is providing support for its recommendation in Step 7 that the proposal either:

1. meets criteria to be categorically excluded (CE) from further NEPA review and no additional environmental documentation isnecessary; or

2. requires further analysis through an environmental assessment (EA) or an environmental impact statement (EIS).

An ESF alone does not constitute adequate environmental documentation unless a CE is recommended. If an EA is required, the EA process and resulting documents must be included in the proposal submission to the NPS. If an EIS may be required, the State must request NPS guidance on how to proceed.

The scope of the required environmental analysis will vary according to the type of LWCF proposal. For example, the scope for a new LWCF project will differ from the scope for a conversion. Consult the LWCF Manual for guidance on defining the scope or extent of environmental analysis needed for your LWCF proposal. As early as possible in your planning process, consider how your proposal/project may have direct, indirect and cumulative impacts on the human environment for your type of LWCF action so planners have an opportunity to design alternatives to lessen impacts on resources, if appropriate. When used as a planning tool in this way, the ESF responses may change as the proposal is revised until it is ready for submission for federal review. Initiating or completing environmental analysis after a decision has been made is contrary to both the spirit and letter of the law of the NEPA.

The ESF should be completed with input from resource experts and in consultation with relevant local, state, tribal and federal governments, as applicable. The interested and affected public should be notified of the proposal and be invited to participate in scoping out the proposal (see LWCF Manual Chapter 4). At a minimum, a site inspection of the affected area must be conducted by individuals who are familiar with the type of affected resources, possess the ability to identify potential resource impacts, and to know when to seek additional data when needed.

At the time of proposal submission to NPS for federal review, the completed ESF must justify the NEPA pathway that was followed: CE recommendation, production of an EA, or production of an EIS. The resource topics and issues identified on the ESF for this proposal must be presented and analyzed in an attached EA/EIS. Consult the LWCF Manual for further guidance on LWCF and NEPA. The ESF contains two parts that must be completed:

Part A. Environmental Resources Part B. Mandatory Criteria

Part A: For each environmental resource topic, choose an impact estimate level (none, negligible, minor, exceeds minor) that describes the degree of potential negative impact for each listed resource that may occur directly, indirectly and cumulatively as a result of federal approval of your proposal. For each impacted resource provide a brief explanation of how the resource might be affected, how the impact level was determined, and why the chosen impact level is appropriate. If an environmental review has already been conducted on your proposal and is still viable, include the citation including any planned mitigation for each applicable resource, and choose an impact level as mitigated. If the resource does not apply to your proposal, mark NA in the first column. Add any relevant resources (see A.24 on the ESF) if not included in the list.

Use a separate sheet to briefly clarify how each resource could be adversely impacted; any direct, indirect, and cumulative

impacts that may occur; and any additional data that still needs to be determined. Also explain any planned mitigation already addressed in previous environmental reviews.

Part B: This is a list of mandatory impact criteria that preclude the use of categorical exclusions. If you answer “yes” or “maybe” for any of the mandatory criteria, you must develop an EA or EIS regardless of your answers in Part A. Explain all “yes” and “maybe” answers on a separate sheet.

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A. ENVIRONMENTAL RESOURCES

Indicate potential for adverse impacts. Use a separate sheet to clarify responses per instructions for Part A on page 9.

Not Applicable - Resource does

not exist

No/Negligible Impacts - Exists

but no or negligible impacts

Minor Impacts

Impacts Exceed Minor

EA/EIS required

More Data Needed to Determine Degree of

Impact EA/EIS required

1. Geological resources: soils, bedrock,slopes, streambeds, landforms, etc.

2. Air quality

3. Sound (noise impacts)

4. Water quality/quantity

5. Stream flow characteristics

6. Marine/estuarine

7. Floodplains/wetlands

8. Land use/ownership patterns; propertyvalues; community livability

9. Circulation, transportation

10. Plant/animal/fish species of specialconcern and habitat; state/federal listedor proposed for listing

11. Unique ecosystems, such as biospherereserves, World Heritage sites, oldgrowth forests, etc.

12. Unique or important wildlife/ wildlifehabitat

13. Unique or important fish/habitat

14. Introduce or promote invasive species(plant or animal)

15. Recreation resources, land, parks, openspace, conservation areas, rec. trails,facilities, services, opportunities, publicaccess, etc. Most conversions exceedminor impacts. See Step 3.B

16. Accessibility for populations withdisabilities

17. Overall aesthetics, specialcharacteristics/ features

18. Historical/cultural resources, includinglandscapes, ethnographic,archeological, structures, etc. AttachSHPO/THPO determination.

19. Socioeconomics, includingemployment, occupation, incomechanges, tax base, infrastructure

20. Minority and low-income populations

21. Energy resources (geothermal, fossilfuels, etc.)

22. Other agency or tribal land use plans orpolicies

23. Land/structures with history ofcontamination/hazardous materialseven if remediated

24. Other important environmentalresources to address.

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B. Mandatory Criterial If your LWCF proposal is approved, would it… Yes No

To Be Determined

1. Have significant impacts on public health or safety?

2. Have significant impacts on such natural resources and unique geographic characteristics as historic orcultural resources; park, recreation, or refuge lands, wilderness areas; wild or scenic rivers; nationalnatural landmarks; sole or principal drinking water aquifers; prime farmlands; wetlands (E.O. 11990);floodplains (E.O 11988); and other ecologically significant or critical areas.

3. Have highly controversial environmental effects or involve unresolved conflicts concerning alternativeuses of available resources [NEPA section 102(2)(E)]?

4. Have highly uncertain and potentially significant environmental effects or involve unique or unknownenvironmental risks?

5. Establish a precedent for future action or represent a decision in principle about future actions withpotentially significant environmental effects?

6. Have a direct relationship to other actions with individually insignificant, but cumulatively significant,environmental effects?

7. Have significant impacts on properties listed or eligible for listing on the National Register of HistoricPlaces, as determined by either the bureau or office. (Attach SHPO/THPO Comments)

8. Have significant impacts on species listed or proposed to be listed on the List of Endangered orThreatened Species, or have significant impacts on designated Critical Habitat for these species.

9. Violate a federal law, or a state, local, or tribal law or requirement imposed for the protection of theenvironment?

10. Have a disproportionately high and adverse effect on low income or minority populations (ExecutiveOrder 12898)?

11. Limit access to and ceremonial use of Indian sacred sites on federal lands by Indian religiouspractitioners or significantly adversely affect the physical integrity of such sacred sites (ExecutiveOrder 13007)?

12. Contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasivespecies known to occur in the area, or actions that may promote the introduction, growth, or expansionof the range of

Environmental Reviewers The following individual(s) provided input in the completion of the environmental screening form. List all reviewers including name, title, agency, field of expertise. Keep all environmental review records and data on this proposal in state compliance file for any future program review and/or audit. The ESF may be completed as part of a LWCF pre-award site inspection if conducted in time to contribute to the environmental review process for the proposal.

1.

2.

3.

The following individuals conducted a site inspection to verify field conditions. List name of inspector(s), title, agency, and date(s) of inspection. 1.

2.

3.

State may require signature of LWCF sub-recipient applicant here: Date:

Step 7. Recommended NEPA Pathway and State Appraisal/Waiver Valuation

First, consult the NPS list of Categorical Exclusions (CEs). If you find your action in the CE list and you have determined in Step 6A that impacts will be minor or less for each applicable environmental resource on the ESF and you answered “no” to all of the “Mandatory Criteria” questions in Step 6B, the proposal qualifies for a CE. Complete the following “State LWCF Environmental Recommendations” box indicating the CE recommendation.

If you find your action in the CE list and you have determined in Step 6A that impacts will be greater than minor or that more data is needed for any of the resources and you answered “no” to all of the “Mandatory Criteria” questions, your environmental review team may choose to do additional analysis to determine the context, duration, and intensity of the impacts of your project or may wish to revise the proposal to minimize impacts to meet the CE criteria. If impacts remain at the greater than minor level, the State/sponsor must prepare an EA for the proposal. Complete the following “State Environmental Recommendations” box indicating the need for an EA.

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If you do not find your action in the CE list, regardless of your answers in Step 6, you must prepare an EA or EIS. Complete the following “State Environmental Recommendations” box indicating the need for an EA or EIS.

State NEPA Pathway Recommendation

I certify that a site inspection was conducted for each site involved in this proposal and to the best of my knowledge, the information provided in this LWCF Proposal Description and Environmental Screening Form (PD/ESF) is accurate based on available resource data. All resulting notes, reports and inspector signatures are stored in the state’s NEPA file for this proposal and are available upon request. On the basis of the environmental impact information for this LWCF proposal as documented in this LWCF PD/ESF with which I am familiar, I recommend the following LWCF NEPA pathway:

This proposal qualifies for a Categorical Exclusion (CE).

• CE Item #:

• Explanation:

This proposal requires an Environmental Assessment (EA) which is attached and has been produced by the State/sponsor in accordance with the LWCF Program Manual.

This proposal may require an Environmental Impact Statement (EIS). NPS guidance is requested per the LWCF Program Manual.

Reproduce this certificate as necessary. Complete for each LWCF appraisal or waiver valuation. State Appraisal/Waiver Valuation Review

Property Address: $ Date of appraisal transmittal letter/waiver:

Real property value: Effective date of value:

I certify that: A State-certified Review Appraiser has reviewed the appraisal and has determined that it was prepared in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions.

OR

The State has reviewed and approved a waiver valuation for this property per 49 CFR 24.102(c)(2)(ii).

SLO/ASLO Original Signature: Date:

Typed Name Title Agency

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NOTICES

Paperwork Reduction Act Statement

In accordance with the Paperwork Reduction Act (44 U.S.C. 3501), please note the following. This information collection is authorized by the Land and Water Conservation Fund Act of 1965 (54 U.S.C. 2003 et seq.). Your response is required to obtain or retain a benefit. We use this information to obtain descriptive and environmental information about the proposal. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid Office of Management and Budget control number. OMB has assigned control number 1024-0031 to this collection.

Estimated Burden Statement

Completion times vary widely depending on the use of the form, from approximately 30 minutes to complete the cover page only to 500 hours for a difficult conversion of use. We estimate that the average completion time for this form is 8 hours for an application, 2 hours for an amendment, and 112 hours for a conversion of use, including the time necessary to review instructions gather data and review the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Information Collection Officer, National Park Service, 12201 Sunrise Valley Drive, MS-242 Rm. 2C114, Reston, VA 20192. Please do not send your completed form to this address; but rather to the address at the top of the form.

30

20

SECTION V. SUPPLEMENTAL ATTACHMENTS

1. Complete and sign each of the forms on the following pages and submit in yourbound application:

Minority Business Enterprise Participating Agencies Civil Rights Assurance National Historic Register Assurance Construction Programs Debarment and Suspension (2) Accessibility Compliance Consultant Form (if applicable) Reimbursement Assurance Buy America Instructions

2. In addition to the provided forms, please include:

Five-year Maintenance Plan Flood Plain/Insurance Statement as designated by FEMA

21

MINORITY BUSINESS ENTERPRISE DEVELOPMENT

THE PROJECT SPONSOR SHALL COMPLY WITH EXECUTIVE ORDER #12432, MINORITY BUSINESS ENTERPRISE DEVELOPMENT AS FOLLOWS:

It is national policy to place a fair share of purchases with minority business firms. The Department of the interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. In particular, recipients should:

1. Place minority business firms on bidders’ mailing lists.

2. Solicit these firms whenever they are potential sources ofsupplies, equipment, construction or services.

3. Where feasible, divide total requirements into smaller needs,and set delivery schedules that will encourage participation bythese firms.

4. Use the assistance of the Minority Business DevelopmentAgency of the Department of Commerce, the Small BusinessAdministration, the Office of Small and Disadvantaged BusinessUtilization, DOI, the Business Utilization and DevelopmentSpecialists who reside in each DOI bureau and office, and similarstate and local offices, where they exist.

For projects involving $500,000 or more in grant assistance (except for projects involving acquisition only), the Project Sponsor 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 firms. These reports (DI-1925) will be submitted to the National Park Service Regional Office.

AUTHORIZED SIGNATURE DATE

PROJECT SPONSOR

22

PARTICIPATING AGENCIES AGREEMENT

There currently are no agreements with other agencies, individuals, or organizations for participating in this project, including its future operation and maintenance.

There are no contemplated agreements with other agencies, individuals, or organizations for participating in this project, including its future operation and maintenance.


PROJECT SPONSOR

CIVIL RIGHTS ASSURANCEU. S. DEPARTMENT OF THE INTERIOR

CIVIL RIGHTS ASSURANCE

As the authorized representative of the applicant, I certify that the applicant agrees that as a condition to receiving any Federal financial assistance from the Department of the Interior it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U. S. C. 6101 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.

THE ASSURANCE shall apply to all aspects of the applicant’s operation including those parts that have not received or benefited from Federal financial assistance.

If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the A p p l i c a n t , or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applicants for Federal financial assistance which were approved before such date.

The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and sub-recipients and the person whose signature appears below who is authorized to sign this assurance on behalf of the Applicant.

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE

APPLICANT/ORGANIZATION DATE SUBMITTED

APPLICANT/ORGANIZATION MAILING ADDRESS BUREAU OR OFFICE EXTENDING ASSISTANCE

DI-1350

(REV.6/91) 23

The shall assist the State in any (Name of Project Sponsor)

Necessary investigations to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are within the area of impact of the proposed action.

The will comply with all requirements (Name of Project Sponsor)

established by the federal grantor agency to avoid or mitigate adverse effects upon such properties.


PROJECT SPONSOR

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ASSURANCE REGARDING THENATIONAL REGISTER OF HISTORIC PLACES

U.S. Department of the Interior

Certifications Regarding Debarment, Suspension andOther Responsibility Matters, Drug-Free Workplace

Requirements and Lobbying

Persons signing this form should refer to the regulationsreferenced below for complete instructions:

Certification Regarding Debarment, Suspension, and OtherResponsibility Matters - Primary Covered Transactions - Theprospective primary participant further agrees bysubmitting this proposal that it will include the clausetitled, "Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion - Lower Tier CoveredTransaction," provided by the department or agencyentering into this covered transaction, withoutmodification, in all lower tier covered transactions and inall solicitations for lower tier covered transactions. Seebelow for language to be used or use this form certificationand sign. (See Appendix A of Subpart D of 43 CFR Part 12.)

Certification Regarding Debarment, Suspension, Ineligibilityand Voluntary Exclusion - Lower Tier Covered Transactions -(See Appendix B of Subpart D of 43 CFR Part 12.)

Certification Regarding Drug-Free Workplace Requirements- Alternate I. (Grantees Other Than Individuals) andAlternate II. (Grantees Who are Individuals) - (See AppendixC of Subpart D of 43 CFR Part 12)

Signature on this form provides for compliance withcertification requirements under 43 CFR Parts 12 and 18. The cer t i f i ca t ions sha l l be t reated as a mater ia lrepresentation of fact upon which reliance will be placedwhen the Department of the Interior determines to award thecovered transaction, grant, cooperative agreement or loan.

PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions

CHECK____IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND IS APPLICABLE.

(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 by anyFederal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered againstthem for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing apublic (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitruststatutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making falsestatements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospectiveparticipant shall attach an explanation to this proposal.

PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions

CHECK____IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE.

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presentlydebarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in thistransaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospectiveparticipant shall attach an explanation to this proposal.

DI-2010June 1995(This form replaces DI-1953, DI-1954,DI-1955, DI-1956 and DI-1963)

This form was electronically produced by Elite Federal Forms, Inc.

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3 C

PART : Certification Regarding Drug-Free Workplace Requirements

CHECK___IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL.

Alternate I. (Grantees Other Than Individuals)

A. The grantee certifies that it will or continue to provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, oruse of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be takenagainst employees for violation of such prohibition;

(b) Establishing an ongoing drug-free awareness program to inform employees about--(1)(2)(3)(4)

The dangers of drug abuse in the workplace;The grantee's policy of maintaining a drug-free workplace;Any available drug counseling, rehabilitation, and employee assistance programs; andThe penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of thestatement 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)(2)

Abide by the terms of the statement; andNotify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in theworkplace 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 anemployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must providenotice, 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 theidentification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), withrespect to any employee who is so convicted --

(1)

(2)

Taking appropriate personnel action against such an employee, up to and including termination, consistentwith the requirements of the Rehabilitation Act of 1973, as amended; orRequiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation programapproved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b),(c), (d), (e) and (f).

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with thespecific grant:

Place of Performance (Street address, city, county, state, zip code)

Check___if there are workplaces on files that are not identified here.

PART D: Certification Regarding Drug-Free Workplace Requirements

CHECK___IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL.

Alternate II. (Grantees Who Are Individuals)

(a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant;

(b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, heor she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or otherdesignee, unless the Federal agency designates a central point for the receipt of such notices. When notice is madeto such a central point, it shall include the identification number(s) of each affected grant.


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PART E: Certification Regarding LobbyingCertification for Contracts, Grants, Loans, and Cooperative Agreements

CHECK____IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING ANDTHE AMOUNT EXCEEDS $100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT;SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT.

CHECK___IF CERTIFICATION FOR THE AWARD OF A FEDERALLOAN EXCEEDING THE AMOUNT OF $150,000, OR A SUBGRANT OR

SUBCONTRACT EXCEEDING $100,000, UNDER THE LOAN.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person forinfluencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employeeof Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the makingof any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attemptingto influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or anemployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, theundersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with itsinstructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards atall tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that allsubrecipients shall certify accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or enteredinto. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000and not more than $100,000 for each such failure.

As the authorized certifying official, I hereby certify that the above specified certifications are true.

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL

TYPED NAME AND TITLE

DATE


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ASSURANCE OF COMPLIANCE WITH ACCESSIBILITY GUIDELINES

I, the undersigned, hereby affirm that I have read, researched and understand the design guidelines for persons with disabilities, and will incorporate disability design requirements into the construction of all facilities under this grant, if awarded.

(Accessibility guidelines are available from the ACCESS Board – address and phone number are shown at the bottom of this form.)

AUTHORIZED SIGNATURE

DATE

PROJECT SPONSOR

ACCESS Board 1331 ‘F’ St. N.W., Ste 100 Washington D.C. 20004-1111 (800) 872-2253

The Standards may also be copied from the files posted on the ACCESS Board website at www.Access-Board.gov.

http://www.access-board.gov/



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OUTSIDE CONSULTANT CONFIRMATION

I, , the authorized representative and undersigned, confirm that although an outside consultant was used to complete the application, I have full knowledge of its contents and am aware of all the Land and Water Conservation Fund guidelines and will follow the requirements completely.

AUTHORIZED SIGNATURE

TITLE

DATE

PROJECT SPONSOR

The shall assist the State of Oklahoma by (Name of Project Sponsor)

reading and following the Reimbursement Instructions and viewing the Reimbursement Power Point Presentation provided by the Oklahoma Tourism & Recreation Department to the grant sub-recipient upon receiving a Federal Award.

The will comply with all reimbursement (Name of Project Sponsor)

requirements.


PROJECT SPONSOR

ASSURANCE REGARDING THE Reimbursement Guidelines and Instructions

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Federal Grant Programs

Buy America Certification

Guidance FHWA's Buy America regulations, embodied in 23 CFR 635.410, "require a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides a waiver of the Buy America requirements when the application would be inconsistent with the public interest of when satisfactory quality domestic steel and iron products are not sufficiently available.

To determine the necessary certification under Buy America, please follow the steps below:

1. Does the product contain any steel or iron manufactured outside theUnited States? To be considered domestic, all steel and iron usedand all products manufactured from steel and/or iron must beproduced in the United States, and all manufacturing processes,including application of a coating, for these materials must occur inthe United States. If the product does not contain any foreign steelor iron then you may fill out a Buy America Certification form andsubmit it to OTRD before bidding your project or before makingyour equipment purchase. If there is ANY foreign steel or iron inyour product then you must move to step 2.

2. The Buy America regulation does "not prevent a minimal use offoreign steel and iron materials, i f the cost of such materials useddoes not exceed one-tenth of one percent (0.1percent) of the totalcontract cost or $2,500, whichever is greater. For purposes of thisparagraph, the cost is that shown to be the value of the steel and ironproducts as they are delivered to the project" i f the minimal use clauseapplies to your project then please fill out the Buy AmericaCertification form and submit it to OTRD stating that the BuyAmerica process does not apply to your project. If the minimaluse clause does not apply to your project then you must move tostep 3.

3. FHWA policy provides for a Buy America waiver for certainmanufactured products. To be eligible for the Manufactured Productswaiver, the product must consist of less than 90% steel or iron contentwhen it is delivered to the job site for installation. If your productmeets this manufactured products definition, please providedocumentation of how the product is a manufactured product andsubmit to OTRD for approval. *Waivers are not guaranteed to begranted.

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If your product meets the manufactured products waiver criteria above please provide documentation of how the product is a manufactured product and submit to OTRD for approval. Information included in your documentation should include, at a minimum

• Materials Composition of Product• Percentage of Steel and Iron in Product by Cost• Percentage of Steel and Iron in Product by Weight• Manufacture Location• National Origin of Steel and Iron Contained in Product

If your product does not meet the above criteria for the manufactured products waiver then you must move to step 4.

4. Products that have foreign steel and are not manufactured products must gothrough the “Buy America” waiver process. OTRD will initiate the process ofobtaining a waiver from FHWA or ODOT. OTRD will request information fromthe project sponsor to use as part of the submission. The waiver process can taketime and the project may not move forward until a waiver is completed.

*WAIVERS ARE NOT GUARANTEED TO BE GRANTED!

FHWA processes Buy America waiver requests in accordance with applicable statutes, regulations and related implementation guidance. Our waiver review process and the status of recent Buy America waiver requests are posted on our Notice of Buy America Waiver Request web site. We will inform our FHWA Division Offices when waivers have been approved for projects in their state.

https://www.fhwa.dot.gov/construction/contracts/waivers.cfm

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Authorized Signature Date

Project Sponsor

_________________________ __________

________________________

https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fhwa.dot.gov%2Fconstruction%2Fcontracts%2Fwaivers.cfm&data=02%7C01%7Calmacdonal%40pa.gov%7Cc4c9812c447e4571416208d5748c26c4%7C418e284101284dd59b6c47fc5a9a1bde%7C1%7C0%7C636543067676667153&sdata=QQZ9hrMmB3wCgrMLt72Nk%2BT68R2GimLeFWtqVYtites%3D&reserved=0

https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.fhwa.dot.gov%2Fconstruction%2Fcontracts%2Fwaivers.cfm&data=02%7C01%7Calmacdonal%40pa.gov%7Cc4c9812c447e4571416208d5748c26c4%7C418e284101284dd59b6c47fc5a9a1bde%7C1%7C0%7C636543067676667153&sdata=QQZ9hrMmB3wCgrMLt72Nk%2BT68R2GimLeFWtqVYtites%3D&reserved=0

https://www.fhwa.dot.gov/construction/contracts/waivers.cfm

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APPENDIX

36

APPLICATION CHECKLIST

Please ensure all information and documentation is included in your application prior to submission. In fairness to other applicants who have met all requirements, incomplete applications will NOT be considered for funding. If you have any questions or need additional clarification, please contact our office before submitting your application.

Signed Project Application Summary (Cover Page) Appropriate Authorized Representative

Section I. Project Narrative Documentation of Public Hearing Need for Assistance SCORP/Master Plan Project Description Project Schedule and 5 year Maintanence Plan Site Description

Section II. Financial Profile Documentation of Sponsor’s Funding Sources Cost Estimate Line Item Expenses

Section III. Property Information/Maps Property Deed, Title Insurance, Title Opinion Project Location Map Project 6(f)(3) Boundary Map Project Site Map Floor Plan (if applicable)

Section IV. Environmental Assessment PDESF

Section V. Supplemental Attachments Minority Business Enterprise Participating Agencies Civil Rights Assurance National Historic Register Assurance Construction Programs Debarment and Suspension (2) Accessibility Compliance Consultant Form (if applicable) Reimbursement Assurance Buy America Instructions

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PRIORITY RATING SYSTEM

Criteria Yes No Poor Fair Good Total

I. Planning Considerations A. Does the project include recreational features identified in local plans and/or facilities SCORP recommendations?

0 1 3 5

B. Does the project application narrative provide a clear explanation of how local citizens have had the opportunity to participate in the selections and planning for outdoor recreation acquisitions and development?

0 1 3 5

C. Does applicant document public support for the project by including letters of support or a citizen signature list in support of the project?

0 1 3 5

D. Does the project design reduce or eliminate the potential for vandalism and provide ease of maintenance?

0 1 3 5

E. Does the project protect the environment and/or solve a site problem?

0 1 3 5

Section Total II. Past History A. Does the applicant have a history of not completing projects within a reasonable time frame?

0 -5 -3 -1

B. Does the project sponsor have a history of not adequately maintaining previous LWCF projects?

0 -5 -3 -1

Section Total III. Local Considerations A. Will some of the applicant’s matching funds come from private donations and/or volunteer labor?

0 1 3 5

B. Does the sponsor have a minimum of ten percent (10%) of the project cost in cash?

5 0

C. Does the project create partnerships at the local level? 0 1 3 5 D. Does the sponsor provide a maintenance plan that is feasible and show a maintenance allocation in the budget?

0 1 3 5

Section Total IV. Recreational Opportunity A. Does the project acquire property or include acquiring property that is not currently part of Oklahoma’s public recreation estate?

10 0

B. Are handicapped accessibility features included in the cost estimate, the site map and described in the project justification for both existing and new developments?

0 1 3 5

C. Does the project provide a recreational opportunity not presently available?

0 1 3 5

D. Does the project preserve or enhance a natural, cultural and/or historic feature?

0 1 3 5

E. Does the project develop multiple-use facilities (i.e., sports & play fields, picnicking, playgrounds, etc.)?

0 1 3 5

F. Does the project involve renovation of older facilities? 0 1 3 5 G. Does the project either add or already provide lighting for nighttime use as well as daytime?

0 1 3 5

Section Total V. Application Considerations A. Are the project scope and proposed developments clearly defined and feasible?

0 1 3 5

B. Is the project cost estimate a realistic estimate of project expenses?

0 1 3 5

C. Does the project sponsor adequately demonstrate that they are able to finance and complete the project?

0 1 3 5

D. Is the project schedule stated and feasible? 0 1 3 5 E. Does the Site Map clearly identify the project location and the proposed developments?

0 1 3 5

Section Total Grand Total

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*EXAMPLE * COST ESTIMATE

All figures rounded to nearest whole dollar.

The format below should be used when preparing the project cost estimate. It should clearly show the dollar amounts of the grant request, total project cost, and the match for cash and In-kind/donated services.

Under “Source of Funds,” list the applicant, partner agencies, organizations, and businesses, and their specific contributions.

Under “Use of Funds,” list the major budget items or expenditures in categories appropriate to your project. The totals should match the totals of “Source of Funds.”

COST ESTIMATE Sponsor City Recreational Park

SIGN SPECIFICATIONS AND EXAMPLES

MINIMUM LOCATION/PLACEMENT

A Land and Water Conservation Fund acknowledgement sign must be posted at all project funded sites to recognize that Land & Water Conservation Funding was used for the project development and /or acquisition. These signs should be posted at the main entrance to the facility.

DESIGN INSTRUCTIONS

The LWCF acknowledgement sign must include the following design. Costs related to project signs, school-use signs, directional, informational and handicap accessibility signs, are allowable for reimbursement as part of the initial capital investment.

If you prefer, the following vendor can be contacted for ready-made LWCF acknowledgement signs at minimal cost:

Oklahoma Correctional Institute (OCI) OCI Customer Service – 1-800-522-3565 www.ocisales.com

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http://www.ocisales.com/

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SIGN SPECIFICATIONS AND EXAMPLES

SCHOOL USE SIGNS

Project sites within public school owned property must post a sign stating, in general, the hours the facility will be open to the public and when it will be reserved for school use. These signs also should be posted at the main entrance to the facility.

EXAMPLES

OPEN TO THE PUBLIC AT ALL TIMES EXCEPT 8:00 A.M. TO 4:00 P.M.

SCHOOL DAYS

OPEN TO THE PUBLIC AT ALL TIMES

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SITES AND FACILITIES OPERATION AND MAINTENANCE

Pursuant to Section 6(f)(3) of the LWCF Act and 36 CFR59.3, Chapter 8 of the LWCF Manual contains the requirements for maintaining LWCF-assisted sites and facilities in public outdoor recreation use following project completion and to assure that LWCF-assisted areas remain accessible to the general public, including non-residents of assisted jurisdictions. These post-completion responsibilities apply to each area or facility for which LWCF assistance is obtained, regardless of the extent of participation of the program in the assisted area or facility.

Property acquired or developed with LWCF assistance shall be operated and maintained as follows:

The property shall be maintained so as to appear attractive and inviting to thepublic.

Sanitation and sanitary facilities shall be maintained in accordance with applicablehealth standards.

Properties shall be kept reasonably open, accessible, and safe for public use. Fireprevention, lifeguard, and similar activities shall be maintained for proper publicsafety.

Buildings, roads, trails, and other structures and improvements shall be kept inreasonable repair throughout their estimated lifetime to prevent unduedeterioration and to encourage public use.

The facility shall be kept open for public use at reasonable hours and times of theyear, according to the type of area or facility.

A posted LWCF acknowledgement sign shall remain displayed at the project sitepursuant to Chapter 7 of the LWCF Manual.

AVAILABILITY TO USERS

1. Under Title VI of the 1964 Civil Rights Act, property acquired or developed with LWCFassistance shall be open to entry and use by all persons regardless of race, color, or national origin, who are otherwise eligible. Discrimination is also prohibited on the basis of religion or sex.

2. Section 504 of the Rehabilitation Act of 1973 requires no qualified person shall, onthe basis of disability, be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from federal financial assistance.

PENALTIES FOR NON-COMPLIANCE

If a project sponsor fails to comply with the regulations governing this program and does not take appropriate remedial actions, obtaining future federal or state funding may be compromised.

For further explanation of post-completion requirements, refer to the LWCF Manual on the National Park Service web site http://www.nps.gov/ncrc/programs/lwcf/.

http://www.nps.gov/ncrc/programs/lwcf/

Agenda-Book-6.18.19-1.pdf - City of Eufaula

Documents

Transcript of Agenda-Book-6.18.19-1.pdf - City of Eufaula