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HomeMy WebLinkAbout83- Fish, Wildlife and Parks . . . . . , , . A G R E E MEN T THIS AGREEMENT , entered into this first day of September, 1983, by and between the MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS, the governmental agency of the state of Montana designated to act for the State of Montana, for the purpose of implementing the II Land and Water Conservation Fund Act of 1965,11 with its principal place of business at Helena, Montana, hereinafter called the IIDepartment,1I and the City of Bozeman, a political subdivision of the State of Montana, hereinafter called the IICityl'. WITNESSETH; WHEREAS, the City desires to construct the improvements cited herein in the City of Bozeman, State of Montana, for the purpose of public outdoor recreation, and to qualify for reimbursement of a portion of the cost of said construction project under the IILand and Water Conservation Fund Act of 1965,11 78 Stat. 897.(1964), Laws of the United States; and, WHEREAS, it is the duty of the Department to share in the responsibility for administration of said project and to determine satisfactory completion, and further to act as agent for the National Park Service, Department of the Interior of the united States to assure satiSfactory performance; NOW, THEREFORE, in consideration of the covenants to be performed by each party on behalf of the other, as hereinafter set forth, IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties hereto as follows: 1. That the City will construct the following described improvements at Kirk and Cooper Parks in the City of Bozeman, State of Montana, in accordance with the plans and specifications approved with Project Agreement between the Department and the Department of the Interior and by this reference made a part hereof. Irrigation systems 2. That the City will begin construction of said project by January 1, 1984 Project Agreement No. 30-00601 M by the Department of the Interior and will diligently pursue construction to completion on or before September 1, 1984. . . '. . -2- 3. The City guarantees that it has funds necessary for the completion of this project, that it will pay for the construction of said project, and will request reimbursement for allowable costs only. Upon receipt of satisfactory billing documentation from the city and upon receipt of funds from the United States for this purpose, the Department agrees to reimburse the City for 50% of the allowable funds expended by the city. The total federal share shall not exceed $12,978. 4. It is understood and agreed by both parties hereto that the rules and regulations of the National Park Service, Department of the Interior of the United States, applicable to conduct of a project under the "Land and Water Conservation Fund Act of 1965" and the herein cited Project Agreement between the united States Department of the Interior and the State of Montana, together with the General Provisions thereof as hereto attached, are hereby incorporated into this Agreement by this reference and that the same shall be binding upon both parties hereto, and that modification of this Agreement, and special terms and conditions to the pro j ect may be established by the Department of the Interior upon agreement by the Department and the City. Special terms under Public Law 98-8 (Emergency Jobs BilUare attached and made a part of this Agreement. 5. The city agrees to provide the Department with all reports and certifications, including accounting reports, receipts and vouchers as requested and in the form and upon the dates requested either prior to commencement of the project or at any time during the project. The City also agrees to follow accounting procedures satisfactory to the Department and to provide, upon request at any time during the project, a financing commitment indicating that continued funds will be available for completion of the project as proposed in the referenced plans and specificiations, and to reimburse the Department for any and all overpayments on this project. In addition, the City agrees to allow Federal, Legislative, Department or State Auditors access to its records for the purpose of determining that this grant is administered in accordance with grant terms and conditions. 6. The Department may unilaterally terminate this agreement upon refusal by the City of Bozeman to allow access to records necessary to carry out the legislative audit and analysis function set forth in Title V, Chapters 12 and 13, Montana Codes Annotated. 7. The City further agrees to permit inspection of the project by the Department or its employees or agents at any and all reasonable times during or after construction. 8. The City further agrees to use, operate and maintain the area or facilities acquired or developed under this Agreement for the general public in a manner in compliance with the Land and Water Conservation Fund, outdoor Recreation Grants-in-Aid Manual and satiSfactory to the Department. , . -3- . 9. The City further agrees that no property acquired or developed under this Agreement will be converted to other than public outdoor recreational uses without prior approval of the Department. If approval is granted, the City shall substitute for the converted areas or facilities other outdoor recreation properties or improvements of at least equal fair market value and of reasonable equivalent usefulness and location. Replacement property shall be approved by the Department. 10. It is understood and agreed by both parties that a failure to comply with any of the points listed above can result in a voiding of this Agreement and a loss of further Land and Water Conservation Fund assistance. Reimbursement of federal funds paid Bozeman to this point in time relative to this project may also be required. IN WITNESS WHEREOF, the Department has caused its name to be subscribed thereunto duly authorized and the City has caused its name to be subscribed and its official seal to be affixed by its proper officers, thereunto duly authorized, on the day and year first above written. MONTANA DEPARTMENT OF FISH, WILDLIFE AND PARKS BY: ~~ -1L AMA JAMES . LYNN, DIRECTOR ,.. THE CITY COUNCIL OF Bozeman STATE OF MONTANA BY:_~/~ -/P (SEAL) M -r ATTEST: rt~ ci M~ city Clerk APPROVED AS ~ ; '--JJt1 (I ~!J q d 'is' :> City AUotney . . , " -4- ~ STATE OF MONTANA ) : ss. County of Lewis and Clark ) On this /9.i/ day of /?) /1::tJL;, , 19 ~, before me, the undersigned, a Notary Public for the State of Montana, personally appeared JAMES W. FLYNN, known to me to be the Director of the Montana Department of Fish, Wildlife and Parks and acknowledged to me that he executed the foregoing Agreement for and on behalf of said Department of Fish, wildlife and Parks. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. , ~ - Notary Public for e State of Montana Residing at Helena, Mont~ ' (SEAL) My Commission expires: . 1- /~/'fJ~ STATE OF MONTANA ) : ss. County of CiA" A ti n ) On this 3rd day of Or.t.ober , 19 --al... ' before me, the undersigned, a Notary Public for the State of Montana, personally appeared Alfr""i1 M ~"";ff and Robin L. Sullivan known to me to be Mayor of the City of R07.p.mAn and city Clerk and acknowledged to me that they executed the foregoing Agreement for and on behal f of the city Council of Bozeman , Montana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ (}'. ~ Notary public for the State of Montana Residing at ~ ' Montana "- My Commission expires: a:f2AAY ~_' /9tf'S (SEAL) -- 417/D . . LAND AND WATER CONSERVATION FUND PROJFrT AGR El'MENT General Provisions Part I - Definitions A. The term "NPS" as used herein means the National Park Service, United ste:tes Department of the Interior. B. The term "Director" as used herein means the Director of the National Park Service. or allY represent at ive lawfully rlelegaterl the Il.uthority to act for such Director. C. .The term "Manual" as userl herein means the Land Il.nd Water Conservat ion Fund Manual, D. The term "project" as used herein means a single project, a consolidated grant, a project element of a consolidated grant, or project stage which is subject to the project agreement. E. The term "state" as used herein means the state or Territory which is a party to the project agreement, and, where applicable, the political subdivision or public agenq to which funrls are to be trll.Ilsferre<'l pursufl1lt to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. F. The term "Secretary" as used herein mefl1lS the Secrfrt;ary of the Interior, or !u\y representative lawfully delegated the authority to act for such Sec r et ary . Part II - Continuing Assurances The parties to the project agreement specifically recognize that the Land and We:ter Conservation Fund assistance project creates an obligation to maintain the property described in the project agreement consistent with the Land an<'l We:ter Conserve:tion Fund Act and the following requirements. Further, it is the acknowledged intent of the part ies hereto that recipients of assistance will use moneys grante<'l hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Ferleral cost-share, in a participart's outdoor recreation. It 1s intended by both parties hereto that 8.Ssistance from the Fund will be added to, rather than replace or be substituted for, State anrl local outrloor recreation funrls. A. The State agrees, as recipient of this Msistance, thll.t it will meet the following specific requirements and that it will further impose these requirements, and the terms of the pro,) ect agreement, upon any pol it ical subdivision or public agency to whi~h funds are transferred pursuant to the project agreement. The state also agrees that it shall be responsihle for compliance with the terms of the project ~reement by such a political subdivision or public agency and that failure by such politi~al subdivision or public agency to so comply shall be deemed a failure by the state to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the dated project boundary map made part of that agreement is being acquired or developed with r,and and. Water Conservation Fund. assistance, Or is integral to such ".~quisition or development, and that. without the aptJroval of the Secn,~ary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemild necessary to assure the subst itut ion of other recreat ion propert ies of at least equal fair market value and of reasonably equivalent usefulness and location. This replacement land becomes subject to Section G(f) (3) protection. The approval of conversion shaJ.l be at the sole discretion of the Secrf>tary, or his designee. Prior to the completion of this project, the State and the Director mB,Y I1Iltually alter the area described in the project agreement and the dated project boundary map to provide the most satisfactory pUblic outdoor recreation unit, except that acquired parcels are afforded Section G(f) (3) protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said property to other than public outdoor recreation uses as a result of such reversionary interest being exercised. Is approved. In receipt of this approval, the State agrees to notify the Service Qf the conversion a.s soon lIB possible and to seek approval of replacement property in accord. with the conditions set forth in these provisions. The State further agrees to effectuate such replacement within a re8!lona.ble period of time. aceeptable to the Service, a:t'ter the conversion of property takes place. The provisions of this paragraph are also applicable to; leased properties acquired and/or developed with Fund assistance where su~h lease is terminated prior to its full term due to the existence of provisions in auch lease known and agreed to b.Y the Service; and properties subject to other outstanding rights and interests that IIl8,Y result in a conversion when known and_ agreed to b.Y the Service. C. The state agrees that the benefit to be derived by the United States froln the full compliance b.Y the State with the terms of this agreement is the preservation. protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the state and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished b.Y the United states qy wB,Y of assistance under the term of this agreement. The State agrees that. pB,Ylnent by the state to the United States of an BJIlount equal to the lUlIount of assistance extended under this agreement by the United. States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore. that the appropriate remeqy in the event of e. breach b.Y the st ate of this agreement shall be the spec ific performance of this agreement. . . , . .. .' . D. The State agrees to comply with the policies and procedures set forth in the Land and Water Conservation Fund Manual. Provisions of said Manual are incorporated into -.lid made a part of the proj ect agreement. E. The State agrees that the property and facilities rlescriberl in the project agreement shall be operated and maintained as prescribed by Manual requirements. F. The State agrees that a perlll8.nent record shall be kept in the participant's public property records and available fOT public inspection to the effect that the property described in the scope of the proje~t agreement. and the dated project boundary map made Pll.Tt of that agreement., has been acquired or developed with Land anrl Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G. Nondiscrimination 1. The State shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the Department of Interior Regulation (43 CFR 17) issued pursuant to that Title, to the end that, in accordance with Titl e VI of that Act and the Regulat ion, no person in the United St ates shall, on the ground of race, religion, color, or national origin, be excluded frOm participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of any property or facility acquired or developed pursuant to the project agreement. The State shall immediately take ~ measures necessarY to effectuate this provision. This assurance shall be binding on the State or any political subdivision or other appropriate public agency to which Fund assistance or property acquired or developed with Fund assistance haa been transferred for public recreation purposes. 2. The State shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S,C, 2)OOd) prohibiting employment discr iminat ion where (1) the primary purpolle of a grant is to provide employment or (2) discriminatory elllP1o,yllll!nt pract ices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. 3. The State shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior and the National Park Service. 4. The provisions of the first three paragraphs apply to ww part. of the recreation system within which the assisted facility or property exists. 5. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or oth fees m~ be maintained on the basis of residence as set forth in the Manual. Part III - Project Assurances A. Applicable Federal Circulars The State shall comply with applicable regulations, policies. guidelines and requirements including Office of Management and Budget Circulars No. A-95 (Evaluation, review, and coordination of Federal assistance programs and projects) and A-102 (Uniform administrative requirements for grants- in-aid to State and local governments) and A-87 (Cost principles applicable to grants and contracts with State and local governments) as th~ relate to the application, acceptance and use of Federal funds for this federally &Bsiated project. B. Project Application 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant. and to finance and construct the proposed facilities. A resolution. motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as l1U\Y be required. 3. The State has the ability and intention to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Proj ect Execut ion 1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period. unless the project 1s completed or ter~inated sooner in whiCh event the project period shall end on the date of completion or termination. For project elements added to a consolidated grant, the project period will begin on the date the project element is approved. 2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover administrative expenses. 3. The State will ause work on the project to be commenced within a reasonable time after receipt of not ificat ion that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480), and the General Services Administration's Accessibility Standards (PBS(PCD): 006, Oct. 14, 1980). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 5. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulat ions. 6. In the event the project covered by the project agreement, including future stages of the project, cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by the State and the Direetor or his designee. 7. The State will provide for and maintain competent ann. adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the NPS l1U\Y require. ~ , , ,I'. . . 8. The State will comply with the terms "r Tlt.l.e IT and 'I'itle III, th,-. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing SUch Act for all real property acquisitions and where applicable shall Msure that the Act haa been complied with for property to be developed with assistanCe under the project agreement. 9. The State will comply with the provisions of: Executive Order 119BB, relating to evaluation of flood hazardl!; Executive Order 11838, relating to the preven1;:I,on,___~ontrol, 811d ahlltement or water pollution, and Executive Order 11990 relating to the protection of wetlands. 10. The State will comply with the flood insurance purchase requirements of Section 10 2(a) of the Floon Disaater Protection Act of 1973, Public Law 93- 234, 87 St at. 975, approved December 31, 1976. Section lO 2(a) requires, the purchase of flood insurance in cOllllllmit ies where such insurance is available aa a condit ion for the receipt of any Federal financial aasistance for construction or acquisition purposes for use in any area that has been identified as 811 area having special flood hazvds qy the Flood Insurance Administration of the Federal Emergen~ '!anagement Agency. The phra.ae ''Federal financial assistance" includes any form of 10M, grant, guaranty, insurance PlVment, rebBte, subsidy, disa.ater 8.8sistance loan or grant, or any other form of direct or indirect Federal assistance. 11. The State yill insure that the facilities under its ownership, leaae or supervision which shall be utilized in the accomplishment of the project are not listed on the Ehvironmenta.l Protection Agency's (EPA) liat of ViolBt1ng Facllitiea, purauant t.o 40 CFR. Part 15.2:> and that it will notity the NPS of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating thBt a facility to be utilized in the project is under consideration for listing qy the EPA. The StBte agrees to comply with all applicahle standards, orders, or regulBtions issued pursuant to the Clean Air Act of 1970. The StBte further agrees to insert this clause into any contract or subcontract in excess of $100,000. 12. The StBte will a.aaiat the NPS in its compliance with Sect ion 106 of the National Hiatoric Preservation Act of 1966 as lllllended (16 U.S,C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S,C, 469a-l et seq.) by (a) consulting with the state Historic Preservation Officer on the conduct of invest igBt ions, as necessary. to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see 36 CFR Part 800.8) qy t.he activity, and notitying the Federal grantor agency of the existence of any Such properties, and qy (b) complying with all requirements established by the Federal grantor agen~ to avoid or mitigate adverse effects upon such properties. D. Construction Contracted for qy the State Shall Meet the Following Requirements: 1. Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding involving formal advertising, with adequate purchase description, sealed bids, and public openings. Copies of all advertisements, bids, and a co~ of the contract shall be retained for inspection qy the Director, 2- The state shall inform all bidders on contracts for construction that Federal funds are being used to 5.Ssist In construction. 3. Written change orders shall be issued for all necesaa~ changes in the facility being constructed under contracts of $10 ,000 or more. Such change orders shall be made a part of the pro,ject file and should be kept available for audit. 4. Contracts for construction shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 u.s.c. 874) as supplemented by Department of ,abor regulat ions (29 CFR, Part 3). 5. The state will comply with other procurement standards of OMB Circular A-lO 2, Attachment 0, except for provision related to compliance with Davis Bacon Act requirements (unless required by a program providing supplemental funding,) Should supplemental funding be provided Which requires compliance with Davis Bacon Act requirements, all construction contracts awarded by the grantee and subgrantee in excess of $ 2,000 shall include a provision for compliance with such Act (40 u.s.c. 2T6a to a_on and as supplemented by Department of Labor regulations (29 CFR, Part 5). 6. The state shall comply with Execut ive Order 1l~6, as amended, regarding equal opportunity for all persons, without regard to race, color, religion, sex, or national origin, employed or seeking employment with contractors performing under federally assisted construction contracts. In addition of Executive Order 11::::46, the following specific requirements shall be carried out by the State: (1) The State shall include the following in solicitation for offers and bids on federally assisted construction contracts over $10,000: a. "Notice of Requirement for Affirmative Action to Ehsure Equal Employment Opportunity," including goals which are to be inserted by contracting officer or applicant. b. "Standard Federal Equal Employment Opportunity Construction Contract Specification". (2) The state shall include the following in construction contracts over $10,000: a. !!'qual Opportunity Clause. b. "Standard Federal Equal Employment Opportunity Construction Contract Specification". c. A Non-Segregated Facilities Certification signed by the prime contractor and subcontractor. (3) The state shall provide notice of contract awards subject to these provisions to Director of OFCCP within 10 d~n after the award (Notice includes name, address and telephone number of contractor, employer identification number, dollar amount of contract, estimated starting and completion dates, contract number and geographical area in which the contract is to be performed) . (4) The State shall cooperate with the Director of NP3 and the Director of ~FCCP in the implementation of the program. (5) The state shall insure that EID posters are displ~ed on Federally assisted construction sites. . .,0 \ ., . , . . ----.-. ,. (6) The State shall insure that contractors eng!\ge,l in Federally assisted construction contracts are providlnp, dat,,,- and reports to the appropriate OFCCP regional office as required or requested. (7) The State shall insure that the provisions of the F.qual Opportunity Cl811se are followed for construction cont"racts involving force account labor. (8) The State shall carry out sanctions and penalities imposed upon the federally assisted construction contractor or subcontractor by the Secretary of Labor pursuant to Executive Order 11;:46, as amended, and refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred fl'om Government contl'acts under Executive Ol'der 1l~6, as amended. (9) The State shall incorpol'ate, or C811Se to be incorporated, into all constl'uction contl'acts exceeding $10,000 (ten thousand), the following provisions: "During the performance of this contract, the contractor ~rees as follows: a. '~he contl'actor will not discriminate against any emplqyee Ol' applicant for emplqyment bec811se of race, religion, color, sex. or national origin. The contl'actor 101'111 take affirmative action to enSUl'e that applicants are employed. and that emplqyees are tl'eated during emplqyment, without regard to their race, creed, colol'. sex, or national origin. Such action shall include. but not be limited to, the following: employment; upgl'arling; demotion or transfer; recl'uitment Ol' recruitment advertising; lawoff or tel'mination; l'ates of paw or othel' forms of compensation; and selection for tl'aining, including appl'enticeship. The con~~~or llgl'ees to post in conspicuous places, available to employees and applicants fol' employment, notices to be provided qy the contracting officer setting forth the provisions of this nondiscrimination clause. b. "The contractor will, in all solicitations Ol' ,,-dvel'tisements for employees placed by or on behalf of the contractor. at at e that all qualified applicants 101'111 l'eceive consideration for employment without regal'd to rac e. reI igion, color, sex,. Or national ol'igin. c. '~he cOJ. actor 101'111 send to each labor union or repl'esentative Ol' workel's with Which he has "- collective bargaining ~reement Ol' othel' contract or understanding, a notice. to be provided by the ~ency contracting officer, advising the labor union or workers' representative of the contract's commitments under Section 3J ? of ExO"cut i ve Order No. 11::46 as amended (3 ern 169 (1974)), and shall post copies of notices in conspicuous places available to emplqyees and applicants for employment. d. "The contractor will comply with all provisions of Execut he Ol'der No. 1l~6, 8.8 amended, and the rules, l'egulations, and relevant ol'ders of the Secretary of Labor. "The contractor will f'ul'nish all information and reports required by Execut ive Order No. 11::46. as amended. and by the rules, regulations, and orders of the Secret ary of Labor, or pursuant thereto, and will permit access to his books. records. and account s by the cant r act ing agency and the Secret ary of Labor for purposes of inveat ip;at ion to ascert ain compliance with such rules, l'e~11ation3. RIld orders. e. "In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract Or ",ith 81\Y of such rules, regulations, or orders, this contract m~ be canceled, terminated, or suspended in whole or in part and the contractor m~ he declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11:316, as a.mended, and such other sanct ions m~ be imposed and remedies invoked as provided in Executive Order No. 11:316, as amended, or 1lf rule, regulations, or order of the Secretary of Labor, or as otherwise provided 1lf law. f. "The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchaae order unless exempted 1lf rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 214 of Executive Order No. 11:316, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to 81\Y suiJ~on\'rB.Ct Or purchase order as the contracting agency m~ direct a~ a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event th.. contra.ctor b"comes involved in, or is threatened with, litigation with a subcontractor or vendor fI.S a result of Snch direct ion 1lf the contracting agency, the contractor mIW request the Unit"d States to enter into 8uch litigation to protect the interests of the United States. 7. The State shall ,~) comply with the above provisions in construction work carried out 1lf itself, ( 2) B.Ssi!'lt and cooperate active1,y with the Secretary of the Interior and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules, regulat ions, and relevant orders of the Secretary of Labor. (3) obtain ano furnish to the Secretary of the Interior and to the Secretary of Labor such information as thElf m~ require for the supervi8ion of 8nch compliance, (4) enforce the obligation of contractors and subcontractors under such provisions, rules, regul at ions, and OrOf'r8, (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and suhcontractors qy the Gecretary of Labor or the Secretary of the Interior pursuant to Part II, Subpart D, of Execut ive Order No. 11:311), as amended, and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part II, Subpart D, of Executive Order No. 11:316, as amended. In addition, the State agrees that if it fails or refuses to comply with thesf' undertakings, the NPS m~ take 81\Y or all of the following act Ions; Cancel, terminate, or suspend in whole or in part this grant; refrain from extendin~ any further assistance to the applicant under the program with respect to Which the failure or refusal occurred until satisfactory aasurance of future compliance has been received from such applicant; and refer the cIIBe to the Department of Justice of appropriate legal proceedings. E. Conflict of Interests 1. No official or employee of the State or Federal Government who is authorized in an official capacity to negotiate, mak". accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have al1Y financial or other personal interest in any such contract or subcontract. . " . . . 2- NO person performing services for the State or Federal Government in connection with this project shall have a financial or other personal interest other than employment or retention Qy the State, or Federal Government, in any contract or subcontract in conne~tion with this proj ect. No officer or employee of such person retained Qy the State or Federal Government shall have any finan~ial or other personal interest in 8JV real property acquired for this. project unless such interest is openl,y discl08ed upon the public records of the State, and such officer, employee or person has not participated in the acquill1tion for or on behalf of the Stllte. 3. No llllelllber of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The stue and th',. )1rector shall be responsible for enforcing the above conflict 01 interest provisions. F. Hatch Act The Stllte will comply with the provisions of the Hatch Act Which provides that no officer or employee of the State whose principal employment is in connection with any activity Which is financed in whole or in part pursuant to this agreement shall take part in any of the political activity prescribed in the Hatch Political Activity Act, 5 U.S.C. Sec. l18k (1964), with the exceptions therein enumerated. G. Project Costs 1. Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual and OMB CirCUlar A-8T (formerly FMC T4-4). 2. The agreement ~ include the use of the indirect cost rate currently approved, in accordance with Circular A-8T for the state that is a party to this agreement. H. Proj set Admin ist r at ion 1. The state shall promptly submit such reports and documentation IlB the Director ~ request. 2. Any moneys advanced to the state are "public moneys" (owned by the Federal government) and shall be deposited in a bank with FDIC insurance coverage ll.nd the balances exceeding the FDIC coverage shall be collatereJ.ly secured as provided for in 12 U.S.C. 255. 3. The state shall use any funds received by wsv of advance psvment from the United States under the terlllll of this agreement solely for the project or project stage described in the agreement. 4. Properties and facilities acquired or developed with Fund BSsistance shall be available for inspection by the Service at such intervals IlB tha Director shall require. The State will promptly submit onsite inspection reports prepared under existing agreements between the Service and the State. 5. When the letter of credit method of grant P'Wment'l is us..d, the State commits itself to (1) the practice of initiating cash drawdowns only when actually needed for its disbursements, (2) the timely reporting of ca.'3h disbursements and balances as required by the Servic'O', and (3) the imposition of the same standards of timing and amount upon aqy secondary recipients including the furnishing of reports of cash disbursement and balances with the understanding that faHur.. to adhere to these provisions mIW cause the unobligated portion of the letter of credit to be revoked Qy the Service or Qy the Department of the Treasury. I. Retention Wld Custocual Requirements for Records 1. Financial records, supporting documents, statistical records, and all other r"!cords pertinent to this grant shall be retained for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project or the consolidated project element. 3. State and local governments are authorized to substitute microfilm copies in lieu of original records. 4. The Secretary of the Interior and the Comptroller GenersJ_ of the United States, or a'tif of their dul.v authorized representatives, shall have access to any books, documents, papers. and records of the State and local governments and their subgranteea which are pertinent to a spec ific proj ect for. the purpose of making audit, eXll.lllinat ion, excerpts and transcript s. J. Project Termination 1. The Director mBif temporarily suspend Federal assistance under the project pending corrective action Qy the State or pending a decision to terminate the grBllt Qy the Service. 2- The State mlW unilaterally terminate the project or consolidat,ed project element at BJ\Y time prior to the first pe;yment on the project or consolidated project element. After the initial pe;yment, the project mBif be terminated, modified, or amended Qy the State only Qy IlIltUal agreement. 3. The Director mIW terminate the project in whole, or in part, at arry time before the date of completion, whenever it is determined that the grBlltee has failed to comply with the conditions of the grant. The Director will promptly notify the Stat.. in writing of the determination and the reasons for the termination, together with the effective elate. Pa,yments made to States or recoITeries Qy the Service under projects terminated for cause shall he in accord with the legal righta anel liabilities of the parties. 4. The Director or State me;y terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two part ies shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee Shall not incur new obligations for the terminated portion after the effective date, and shall cancel as marry outstanding obligations as possible. The NPS mlW sllow full credit to the State for the Federal share of the noncancellable obligations, properly incurr _ i by the grantee prior to terminat ion. . . , . . 5. Termination either for cause or for convenience requires that the proJect in question be brought to a sta~t,e of recreational usefulness agreed upon by the St ate anri the Director or that all funds provided by the National Park Service be returneri. K. Lobbying with Appropriated Funds Land and Water Conservation Fund moneys will be used in conformance with 18 USC 1913 which states that: "No part of the money appropriateri by any enactment of Congress shall. in the absence of express authorization by Congress, be useri directly or indirectly to p~ for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, whether before or after the introduction of any bUl or resolution proposing such legislation or appropriations; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business." , . , ,l . In Jccordance with Public Law 98---8, Fedcral Assistance made available under this aqreement must be ob"ligated by October 1, 1983, I'lOrk COIII- IIlcnced by Janurlry 1, 1984, and funds expended by September 1, 1984. Section 101 (C) of Publ ic Law 98-8 provides that: " States or pol- . . . iticc1l subdivisions of states, which receive allotment of funds under Lll i s tit 1 e s ha 11 to the extent practicable utilize such funds in a Illanncr \'ihich maximizes immediate c~eation of nOJ employment oppor- tunities to individuals who were unemployed at leJst fifte(~n of the twenty six weeks imnediately preceeding the date of enactment of this act. " 'RECE~'V!iD ' / .- - MlONTAl\TA SEP 27 1983 ..t;~~~i.... '~~?,"\t\.....\.,. .. ... 'J." .;\ DEPAKDIFNI' OF CITY OF BOZEMAN . ... . , . .......:.....'l........'.' BOZEMAN, MONTANA ". .. qfr' FISH. WlLDUFE A1Q) PARKS ! ... ... . ......\v Helena, MT 59620 September 9, 1983 Mr. Richard C. Holmes P.O. Box 640 Bozeman, MT 59715 Dear Dick: I am writing as a follow-up to my recent phone conversation with you during which we discussed the fact that your application for Land and Water Conservation Fund (LWCF) assistance under the 1983 Jobs Bill (Public Law 98..,8) was successful. As a follow-up to that discussion I am enclosing a copy of a news release we prepared for the media. Also enclosed are the agreement forms between your agency ... and the Department of Fish, Wildlife and Parks. Please sign v and return both copies for department signature. A signed agreement will then be returned to you for your files. Two copies of an "Assurance of Compliance" form are / enclosed. Please sign and return one copy; the other one is for your files. All project costs incurred since September 1, 1983 are eligible for reimbursement. Please use the billing forms enclosed when making a request for reimbursement. These forms are the same as those used on the LWCF projects. The billing procedures are no different than before. For purposes of the Jobs Bill, copies of cancelled warrants may be submitted as documentation after submission of a billing. Instructions on the backs of the worksheets will assist you in their preparation. Please review the "fact sheet" before you proceed any further with project development. This "fact sheet" lists some possible pitfalls which you will wish to avoid. One of the principal stumbling blocks is the requirements of state law regarding competitve bidding. Please be sure to check this out prior to construction. Remember that under the Jobs Bill, actual on-site construction must begin before January 1, 1984. This means  ~8 . . . " ~ . .. ground breaking and/or construction must be started before that datei not just start or completion of design or contractor procurement. It is also important to remember that all Jobs Bill projects must be completed before September 1, 1984. with the final billing submitted by September 10, 1984. One final reminderi under the Jobs Bill it is required that project sponsors shall, to the extent practicable, utilize these funds in a manner which maximize immediate creation of new employment opportunities to individuals who were unemployed at least 15 of the 26 weeks immediately preceding enactment of Public Law 98-8 (March 24, 1983) . The Job Service office serving your area has a labor pool ready which meets this criteria. Please document your efforts to comply with this requirement. I'll be out to visit with you and see your project as soon as possible. I f you have any questions at all, please let me hear from you. It's far easier to unravel problems before they occur then after. Thanks for your interest. I'm looking forward to seeing you and your project in the near future. Sincerely, % - ~/'<lic~:-] '-, ('".' {Ie;' (.:.c '-- Gretchen Olheiser, Chief Planning and Project Bureau Parks Division GO/fo Enclosures 417/K . . . . , ..1 , . 01 ,..... U!ICI Inult.~.'ioQl.lI ,...". IM<>"~ 19661 U\ OEPARlIoIElI1 Of THE :HHRIOR ASSURANCE OF COMPliANCE (TIlLE VI, mil RIGHTS AO Of 1964) City of Bozeman (hucillaftl'r tall.." '.r\p"III,llIt-l{e"plt'nt'.1 .- j Namf" .J( Aprl,u1",.H.t:'t IpWtlf) IIt:Rt:8Y AGRF.ES THAT IT will ."omply wilh Tille VI of tilt. (Ivil Hl~hl\ AI I ot 1')(, I ( I' I "1H- ~ '", 1" ,olpl all reljuiremellls impused hy or pursuant to tht: D.'parlmcnI of du.: l"tUlor Rt:JI;ulatioll (.I~ ( H< 17) I'" I~.:\ I pursuant to that tide, to the end that, in accorJam:e with Titlt- VI of that Act anti th.' Rq~ulalio". no 1""'.'- son in the United States shall, on the ground of race, lolor, or national '-lrlJl;lll ht. n;dutlnl from partillp,- tion in, be denied the benefits of, or be otherwise subjedcd 10 discriminatioll under any pr.,gram or ;1( li,il' for which the Applicant-Recipient receives finantial oIssist,lnn from US NPS _..~___ _, 7 u.___ (It1d Hutt"ilU nf t U'llt Hereby Gives Assurance That It will immediately take any measures ro effectuate this agr...emenl. If any real property or structure thereon is provided or improved wi(h (he aid of !'ederal tinancial assiqame extended to the Applicant.Rt"cipient by US NPS , This assurance oblipt~~ tht: Hu't"iillU ur r)ffiu.' AppliulOt-Recipient, or in the uue of any rransfcr of sUl-h properly, any (ransfcrec for th.. pt:riOlI durinjo: which th~ real property or structure is used for a purpose involvin~ thl' provision of ~imilar ~CrvllC\ or hene- fits. If aJlY personal property is so provided, this assuram"e nhli~a(l'~ (he Appli(ant-Recipi~n( for the p~ti(),1 during which it retains ownership or possession of the prop~ny. In all ollll'r l:ases, (his assurance ..hliKaIC~ the Applicant-Recipient for (he period during which (he Federal finannal assistance is eXh:nded (() j( hy US NPS 8ur..u or ()ffi<< THIS ASSURANCE is given in n)Osideration of and for the purpose pf obtainin~ any and all Federal ~rants, loans, contracts, property discounts or other Federal financial hSlstan((' extended after the dale hereof 10 the Appli('ant. Recipient by the bureau or office, including ins(allment payments after such date on an-ount of arrangements for Federal financial assistance which were approved before su("h date. The Appli<:ant.Rccipient recogniles and agrees that such Federal financial assistance will be extended in reliance on the represl"ntatiom and agreements made in this assurance, and that the United States shall reserve the righ( to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, (rans- ferees, and assignees, and the person or persons whose signature appear below are au(horized to ~igll thiS assurance on behalf of the Applicant-Recipient. October 3. 1983 __ Ci tv ,Q:LJtQ.zeman - DAHD AI'. . .'N"l KH II'IIN I /~ Ry ._-~.. Jh.,rnu.n o( Board .~)r (.n au.hurized Ollie..1 Box 640. Bozeman. MT 59715 APPLlCANT.RECIPlENT'S MAILING ADDRESS tl'li GO"',.NMINt "',,"IIIrif(, ')"1(1 ,.... c,H fl" q/" 9'9" , /]