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PROJECT AGREEMENT State Trust for Outdoor Recreation Enhancement and Recreation Energy Conservation Pathways Approval Date: Project Period: July I, 1997 From: July I, 1997 To: June 30, 1998 Project Scope (Description of Project): Project Sponsor: City of Moscow Project Title: Palouse Trail Project No.: 97-1 Construction of a 10-foot wide asphalt pathway on a railbanked section of property (parallel to State Hwy. 8 on the south side of the highway extending east from the Washington state line to Perimeter Drive in Moscow). Project Cost Breakdown: Total Project Cost as Shown by Project Proposal Local Matching Funds of 50% State Contribution 50% $72,220 $36,110 $36,000 Support Ceiling - The maximum amount of state assistance that will be provided on a project. This amount is determined at the time of project approval contained in the project proposal. The State of Idaho, represented by the Idaho Park and Recreation Board and the Idaho Department of Parks and Recreation (hereinafter referred to as the State), and the City of Moscow (hereinafter referred to as the Sponsor), mutually agree to perform this agreement in accordance with the State Trust for Outdoor Recreation Enhancement Act or the Recreation and Energy Conservation Pathway Program (both hereinafter referred to as STORE), and any rules or regulations promulgated thereunder; and the Idaho Administrative Procedures Act, IDAPA 26.01.33000 et seq., including the terms, conditions, plans, specifications, estimates and procedures established thereunder. The State of Idaho is authorized to enter into this agreement pursuant to Sections 67-4247 and 67-4248, Idaho Code. Nothing contained in any part of this contract, including the general provisions, maintenance agreement, or any other attachment hereto, is to be, in any way, understood as obligating the credit of funds of the State of Idaho or any state department. It is further understood that in the event state funds are not available for this project within a year from the date of this agreement, PROJECT AGREEMENT, PAGE I 97-23 ---PAGE BREAK--- that this agreement is null and void. The Sponsor hereby promises, in consideration of the promises made by the State, to carry out and complete the project scope described above in accordance with the terms of this agreement and attachments. It is expressly understood and agreed by and between the parties that the State is not liable to reimburse the local unit for any costs whatsoever until it has received approval from the Idaho Park and Recreation Board. It is further understood that in the event any project is canceled, any funds remaining in the hands of the State will not be paid over to the local unit unless so permitted by the Idaho Park and Recreation Board. It is expressly agreed that the Department's sole involvement in the project covered by this agreement is in design and contribution of funds, that the Department shall acquire no interest in the property or improvements covered by this agreement, and that the Department and the State of Idaho, therefore, shall not bear any liability for use of the facilities or project area except insofar as such loss may be attributable to design by the Department. The Sponsor is responsible for assuring that all reasonable safeguards, safety devices, and protective equipment are provided. Also, the Sponsor should take the action necessary to protect the life and health of employees on the job and the safety of the public, and to protect property in connection with performance of work to the project. The attached general provisions and all commitments in the total project proposal, the project application, the STORE and RECP application guidelines are made a part of this agreement. The following special project terms and conditions were added to this agreement before it was signed. The parties hereto have executed this agreement on: IDAHO DEPARTMENT OF PARKS AND RECREATION By: (Signature) u: \jpoulsen \grants97\Moscow. wpd PROJECT AGREEMENT, PAGE 2 Date: CITY OF MOSCOW By: (Signature) ---PAGE BREAK--- STATE TRUST FOR OUTDOOR RECREATION ENHANCEMENT (STORE) & RECREATION ENERGY CONSERVATION PATHWAY (RECP) PROGRAM PROJECT AGREEMENT - GENERAL PROVISIONS Part I - Definitions 1. Acquisition. The gaining of rights of public use by purchase or donation of fee or less than fee interests in real property. 2. Applicant. An eligible public entity which solicits a grant of funds from IDPR for a project or is responsible for administering the grant or funding of an approved application or completed project. 3. Board. The Idaho Park and Recreation Board, a bipartisan, six member board, appointed by the governor. 4. Development. The act of physically improving an area or constructing facilities necessary to increase its ability to serve outdoor recreation purposes. 5. Director. The director and chief administrator of IDPR or the designee of the director. 6. Evaluation Committee. Representatives from governor's office, the legislature, the board, Idaho communities, and the private sector that ranks projects based on established criteria, and assists IDPR staff in making funding recommendations to the Board. The committee is established pursuant to Section 62,4247 A, Idaho 7. Fiscal Year. The state accounting year from July 1 through June 30. 8. Force Account. The matching share that is provided through use of applicant's staff, equipment, and materials when such contributions are verifiable from the records, and are necessary and reasonable for proper and efficient completion of the project. 9. IDPR. The Idaho Department of Parks and Recreation. 10. Participation Manual and Internal Procedures Manuals. A compilation of state procedures, rules, and instructions that have been assembled in manual form and which have been approved by the board for dissemination to the public and public entities that may wish to participate in grant programs of IDPR. 1 of 9 ---PAGE BREAK--- 11. Planning. The development of documents and programs to identify and propose actions for managing recreational resources and the preparation and review of designs and specifications for such resources. 12. Project. The undertaking which is or may be funded in whole or in part with funds administered by IDPR. 13. Project Selection Process. The overall objective decision-making process by which IDPR selects projects for funding. 14. RECP. The Recreation and Energy Conservation Pathway Program. 15. Retroactive Cost. Costs incurred after receipt of application but prior to the execution of the project contract. 16. Scope Element. A specific item; for example, one facility or amenity, listed on a project application or project agreement which is a part of the whole. 17. SCORP/SCORTP. Statewide Comprehensive Outdoor Recreation Plan/ Statewide Comprehensive Outdoor Recreation and Tourism Plan. 18. STORE. State Trust for Outdoor Recreation Enhancement. Part II - Continuing Assurances 1. The parties to the project agreement specifically recognize that the STORE assistance project creates an obligation to maintain the property described in the project agreement consistent with the STORE Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the STORE will result in a net increase, commensurate at least with the state cost-share, in a participant's outdoor recreation resources. It is intended by both parties hereto that assistance from the STORE will be added to, rather than replace or be substituted for local outdoor recreation funds. 2. The Sponsor agrees that it will abide by all local, and state laws pertaining to acquisition, development, and planning of recreational facilities. 3. The Sponsor agrees, as recipient of this assistance, that it will meet the following specific requirements. The Sponsor also agrees that it shall be responsible for compliance with the terms of the project agreement. 2 of 9 ---PAGE BREAK--- 4. The Sponsor 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 STORE assistance, or is integral to such acquisition or develop ment, and that, without the approval of the board, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation use in perpetuity. The board shall approve such conversion only if it is found to be in accord with Section 67-4248, Idaho Code. Prior to the completion of this project, the Sponsor and the State may mutually alter the area described in the project agreement and the project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded 67-4248, Idaho Code protection as STORE reimbursement is provided. In the event the State provides STORE 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 out door recreation uses as a result of such reversionary interest being exercised is approved. In receipt of this approval, the Sponsor agrees to notify the State of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions. The Sponsor further agrees to effectuate such replacement within a reasonable period of time, accept able to the State, after the conversion of property takes place. The provisions of this paragraph are also applicable to properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the State. 5. The Sponsor agrees that the benefit to be derived from the full compliance by the Sponsor and the State with the terms of this agreement is the preservation, protec tion, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State, and such benefit exceeds to an immeasurable and ascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. The Sponsor agrees that the appropriate remedy in the event of a breach by the Sponsor of this agree ment shall be the specific performance of this agreement. 6. The Sponsor agrees to comply with the policies and procedures set forth in the STORE Grant Manual and all other instructions provided with this grant by the State. 7. The Sponsor agrees that the property and facilities described in the project agree ment shall be operated and maintained as prescribed by the STORE Grant Manual requirements. 3 of 9 ---PAGE BREAK--- 8. The Sponsor and State agree that a permanent record shall be kept in their public property records and available for public inspection to the effect that the property described in the scope of the project agreement, and the signed and dated project boundary map made part of that agreement, has been acquired or developed with STORE assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Director. Part III - Project Assurances A. Project Application 1. The project number assigned to this project by the State bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2. The Sponsor 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 applica tion, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sponsor to act in connection with the application and to provide such additional information as may be required. 3. The Sponsor has the ability and intention to finance the local matching 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. B. Project Execution 1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project 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 Sponsor will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 4 of 9 ---PAGE BREAK--- 3. The Sponsor will require the facility to be designed and managed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480), the Americans with Disabilities Act of 1990, and DOl Section 504 Regulations (43 CFR Part 17). 4. The Sponsor shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable federal, state, and local laws and regulations. 5. 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 Sponsor shall bring the project to a point of recreational usefulness agreed upon by the State or its designee. 6. The Sponsor will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the State may require. 7. The Sponsor will assist the State in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) By consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to the effects (CFR Part 800.8) by the activity, and notifying the State grantor agency of the existence of any such property and complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. D. Project Mroinistration 1. The Sponsor shall submit such reports as the State may request. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection by the State upon request. 3. The Sponsor shall use any funds received by way of advance payment from the State under the terms of this agreement solely for the project or project stage herein described. 5 of 9 ---PAGE BREAK--- 4. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the Sponsor, but shall be disposed of according to instructions issued by the State. 5. The Sponsor shall maintain satisfactory financial accounts, documents and records, and shall make them available to the State for auditing at reason able times. Such accounts, documents, and records shall be retained by the Sponsor for three years after final payment on the project by the State. 6. The Sponsor may use any generally accepted accounting system, provided such system meets the minimum requirements set forth by the State. The records relative to any grant project are public records and are to be managed as outlined under the Idaho Public Records Act I. C. & 9-337, et seg and IDAPA 26.10.4. Under state code, applicants are required to make project records available to the public, but they are not subject to IDPR's rule. 7. The Sponsor shall be responsible to arrange for an audit that will meet and satisfy the audit guidelines established by the State of Idaho, OMB Circular and the Single Audit Act of 1984. A copy of the audit is to be transmitted to the legislative auditor. Local government officials should be aware that audits which include federal assistance may only be performed by certified public accountants licensed to practice in the State of Idaho. 8. Sponsors shall dedicate all property to outdoor recreation use in perpetuity by a recorded "Deed of Right to Use Land for Public Recreation Purposes" (Deed of Right) which conveys a real property interest to the public. This is to be executed and recorded by the Sponsor after title has been taken to the property, and before final reimbursement. 9. The Sponsor shall maintain a project review system to identify development and operation problems that affect the project; environmental damage of land or deterioration of facilities which would be the key to the success of the project. Failure to implement the project review system and to correct the problem could result in a conversion to other use. 10. The applicant shall make all arrangements for operation, maintenance and management of the completed project. 11. Facility Use Requirements. Entrance to and use of the facility and project area shall not be restricted except for uses clearly hazardous or incompatible with public use. Special-use regulations regarding the safety of users, use hours, or seasonal use for the protection of the project area, 6 of 9 ---PAGE BREAK--- fish, wildlife, livestock, and the general environment may be established by the applicant. IDPR may require the applicant to impose rules or regulations if necessary for the best interest of public or the project. 12. Public Use. a. Property shall be open to entry and use by all persons regardless of race, color, national origin, age, disability, religion or gender. b. Facilities shall be kept open for public use at reasonable hours and times of the year based on intended use. c. Special events may be scheduled in a project area as determined by tbe applicant, with the board reserving the right to alter the scheduling to best meet the needs of users. 13. User Fees, Charges and Income. a. User or other types of fees may be charged in connection with facilities developed with program funds, provided that the fees and charges are commensurate with the value of recreation services or opportunities furnished and are in the prevailing range of public fees and charges for the particular activity involved. Discrimination on the basis of residence, including preferential reservation or membership systems and annual permit systems, is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence. b. Fees collected from use of the facilities shall be used for facility operation and maintenance costs. c. Non-recreational income that accrues to an outdoor recreation area, including income from land management practices, shall be derived from use which is consistent with, and complementary to, the intended outdoor recreational use of the area. Gross non recreational income that accrues during the project period established in the project contract shall be used to reduce the total cost of the project. Gross non-recreational income that accrues subsequent to the project completion date identified in the project contract shall be used solely to offset the expense of the operation and maintenance of the facility. 7 of 9 ---PAGE BREAK--- d. Maintenance Standards. Maintenance standards shall be adopted by the applicant in the planning process. Normal wear and tear are expected and are acceptable. Facilities shall be maintained and operated in a condition equivalent to that existing when the facility was completed with program funds. 14. Permanent public acknowledgment of program assistance at project sites is required on at least one prominently placed area identification sign. The program symbol established and provided by IDPR shall be used for such acknowledgment at the project site entrance or other appropriate locations. The applicant may desire to provide a more detailed identification. IDPR staff shall approve the applicant's park sign prior to its construction to ensure proper designation is included. E. Conflict of Interests 1. No official or employee of the State or Sponsor who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or subcontract. 2. No person performing services for the State or Sponsor in connection with this project shall have a financial or other personal interest other than his employment or retention by the State or Federal Govermnent or Sponsor, in any contract or subcontract in connection with this project. No officer or employee of such person retained by the State or Federal Govermnent or Sponsor shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the State, and such officer, employee, or person has not participated in the acquisition for or on behalf of the State or Sponsor. 3. No member of or delegate to the state legislature 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 Sponsor and the State shall be responsible for enforcing the above conflict of interest provisions. 8 of 9 ---PAGE BREAK--- G. Failure to Comply with State and Federal Laws and Regulations When the State determines that a Sponsor has violated or failed to comply with applicable State laws, or the regulations governing this program with respect to a project, the State may withhold payment to the Sponsor on account of such project, withhold funds for other projects of the Sponsor, withhold approval of further projects of the Sponsor, and take such other action deemed appropriate under the circumstances until compliance or remedial action has been accomplished by the Sponsor to the satisfaction of the State. 9 of 9