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HomeMy WebLinkAbout04- Agreement for Implementing the Land and Water Conservation Fund Act of 1965 between Fish, Wildlife and Parks and the City of Bozeman AGREEMENT THIS AGREEMENT,entered into this day of 2004,by and between MONTANA FISH,WILDLIFE&PARKS,the governmental agency of the State of Montana designated to act for the State of Montana for the purpose of implementing the"Land&Water Conservation Fund Act of 1965,"with its principal place of business at Helena,Montana,hereinafter called"FWP,"and the CITY OF BOZEMAN,Montana,a political subdivision of the State of Montana,hereinafter called the"City." WITNESSETH: WHEREAS,the City desires to construct the improvements cited herein in the City of Bozeman, Gallatin County,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"Land&Water Conservation Fund Act of 1965,"78 Stat,897(1964),Laws of the United States,and, WHEREAS,it is the duty of FWP 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: I. That the City will construct the following described improvements in the Community of Bozeman,Gallatin County,Montana. The specifications approved within the Project Agreement between FWP and the Department of the Interior are by reference made a part hereof. The scope of this project will consist of the following: The City of Bozeman will develop a four-season park,including landscaping and a disc golf course,at Rose Park,2500 West Oak Street,Bozeman,MT 59771 2. That the City will begin construction of said project within 90 days after final approval of Project Agreement No.30-00686 by the Department of the Interior and will diligently pursue construction to completion on or before December 31,2009. 3. The City guarantees that it has hinds necessary for the completion of this project,that it will pay f o-I he co"I stru C t;on o F said ec t,and ,,,-i 1,1 r c qu.-s I re i mnbursc-m c n t:'0r a.I mvabll c costs onl%,, I-po n receipt of satisfactory billing documentation from the City and upon receipt of funds from the United States for this purpose,FWP agrees to reimburse the City for 50%of the allowable funds expended by the City. The total federal share shall not exceed S75,000. i 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&Water Conservation Fund Act of 1465"and the herein cited Project Agreement between the United States Department of the Interior and the State of Montana,together with the current version of the Land&Water Conservation Fund Grants-In-Aid Manual,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 project maybe established by the Department of the hiterior upon agreement by FWP and the City. 5. The City agrees to provide FWP 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 projector at anytime during the project. The City also agrees to follow accounting procedures satisfactory to FWP and to provide,upon request at anytime 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 specifications,and to reimburse FWP for any and all overpayments on this project. In addition,the City agrees to allow Federal,Legislative,FWP or State Auditors access to its records for the purpose of determining that this grant is administered in accordance with grant terms and conditions and,upon request,to provide the FWP with a copy of any such audit. 6. FWP may unilaterally terminate this agreement upon refusal by the City to allow access to records necessary to carry out the legislative audit and analysis function set forth in Title 2,Section 7, Part 5,Montana Code Annotated. 7. FWP may unilaterally terminate this agreement upon failure of the City to comply with Office of Management and Budget(OMB)Circular A-133 Audits of State and Local Governments,and non- profit organizations. 8. The City further agrees to permit inspection of the project by FWP or its employees or agents at any and all reasonable times during or after construction. q. The City farther 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 FWP. 10. 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 FWP. 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 ofreasonable equivalent usefulness and location. Replacement property shall be approved by FWP. 2 11. 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&Water Conservation Fund assistance. Reimbursement of federal funds paid to the City of Bozeman to this point in time relative to this project may also be required. IN WITNESS WHEREOF,FWP 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 '1H WILDLIFE&PARKS By.- g, Doug Mon A inistrator STATE OF MONTANA :ss. County of This instrument was acknowledged before me on 2004,by DOUG MONGER,as administrator of the Montana Fish,Wildlife&Parks,Parks Division. , - 1 , , L Z' Z,'/ '2'_� (SEAL) Notary Public for the State of Montana. Residing at ::,,- ,Montana. My commission expires: r!� 1_�5' CITY OF BOZEMAN STATE OF MONTANA BY: Chris Kukulski,City Manager Attested By: Robin Sullivan,Clerk of City Commission STATE OF 1 ONTANA County This instrument was acknowledged before me on 61" 2004,by CHRIS KUKULSKI,as City Manager of the City)6fBozc�nan. z Notary Pub 'c for the State of Montana. Residing at W I ritana. 00 A00 L s vp My commissio'll expire SEAL:` 0 FM'R A' 3