RES 79056 - Laserfiche WebLink

The participant agrees ~.,at the benefit to be derived by the State from the full compliance by the participant 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 by the State by way of assistance under the terms of this agreement. The participant agrees that payment by the participant to the State of an amount equal to the amount of assistance extended under this agreement by the State would be inadequate compensation to the State for any breach by the participant of this agreement. The barticibant further agrees, that the appropriate remedy in the event of a breach by the participant of this agreement shall be the specific performance of this agreement. The participant agrees to comply with the policies and procedures set forth in the Heritage Conservation and Rec- reation Service (HCRS) Grants-in-Aid Manual. ProvisiOns of said Manual are incorporated intc~ and made a part of the project agreement. The participant agrees that the property and facilities described in the project agreement shall be operated and main- tained as prescribed by Manual requirements. The participant agrees that a permanent record shall be kept in the participant's public property records and available for public inspection to the effect that the property described in the scope of the project agreement, and the dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Liaison Officer, the Director, and/or the Secretary of the Interior. G. Nondiscrimination The participant shall comply with Title VI of the Civil Rights Act of 1964 (F,L.88-352) and in accordance with Title VI of that Act, no person in the United States 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 participant shad immediately take any measures necessary to effectuate this provision. This assurance shall be binding on the participant or any political subdivision or other appropriate public agency to which Fund assistance or property acquired or developed with Fund assistance has been transferred for public recreation purposes, The participant shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting em- ployment discrimination where (1) the primary purpose of 8 grant is to provide employment of (2) discrim-inatory employment practices will result in unequal treatment of persons who are or should be bene- fitting from the grant-aided activity. The participant shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior and the Heritage Conservation and Recreation Service. The provisions of the first three paragraphs apply to any part of the recreation system Within which the assisted facility or property exists. The participant shall not discriminate against any person on the basis Of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. Iii. Project Assurances A. Applicable Federal Circulars The participant 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 FMC 744 (Cost princlples applicable to grants and contracts with state and local governments) as they relate to the appli- cation, acceptance and use of federal funds for this faderally assisted project. B. Project Proposal 1. The project proposal for State assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. The participant 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 project pro0osal, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the participant to act in connection with the project proposal and to provide such 8dditjonalinformatlon as may be required. The participant has the ability and intention to finance the non4tate 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. 3