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Council hears that Land and Water Conservation Fund grant imposes federal procurement rules on park project
Summary
Staff and a consultant told the council that the park project funded in part by an LWCF grant is subject to federal procurement and grant conditions; the council was advised that prior steps and possibly a waiver or amendment will be required to use grant funds for some work already completed or planned.
Mount Pleasant City Council received a detailed briefing on a Land and Water Conservation Fund (LWCF) grant that supports a park improvement project, and on procurement rules that constrain how the city may spend the grant funds.
An RDA representative and project manager said the city was awarded a $288,000 LWCF grant with a matching $288,000 local match and that the executed grant agreement dates to October 2022. The speaker told council members that the LWCF program follows Department of Interior procurement standards and that some of the work already done or planned may not meet the rigorous bid procedures required by the grant agreement.
The presenter said that the city has already disbursed about $535,000 on the project to date (including disbursements and accounts payable) and that the LWCF grant available for the project is limited to the awarded amount. He cautioned that, "You can't do it the way you did" under normal local procurement if the goal is to use grant funds without following federal procurement rules. He advised that staff consult with the National Park Service project manager, seek possible waivers or amendments, or transfer the project from the RDA to public works so the city can follow local procedures where appropriate.
Council members asked for a meeting with the grant project manager to work through the outstanding procurement questions and to determine whether any waivers or amendments can be obtained that would allow existing expenditures to be counted as eligible. The council did not take an immediate vote on grants or contracts at the meeting but directed staff to coordinate with Justin (the LWCF project manager) and the National Park Service to clarify allowed uses and next steps.
Key items discussed - Grant awarded: LWCF grant $288,000 with matching local amount $288,000; executed agreement dated October 2022. - Project scope on the grant: construction of a new restroom, playground, picnic tables, associated utilities and landscaping (as described in the grant scope). - Procurement constraint: LWCF/Department of Interior procurement and bidding rules apply to work paid from the grant; council was advised that the city may need a waiver or to transfer the project to a department that follows appropriate procedures.
Council requested that the grant project manager meet with city leaders promptly to identify whether an amendment or waiver is required and to determine how to proceed without jeopardizing federal funding or prior expenditures.
