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certified by the State of Ohio Director of Budget and Management on . The indirect rate on this federal award is 0%. 7. COMPLIANCE WITH NPS AGREEMENT. ODNR has entered into an agreement with NPS (the "NPS Agreement"), the result of which is the availability of federal funds for the Project. A copy of the NPS Agreement is attached hereto as Exhibit B. To the extent that they are relevant or applicable to Subrecipient's acquisition and use of NPS funds and Subrecipient's performance under this Agreement, the terms and conditions of the NPS Agreement are incorporated into this Agreement as though fully re -written herein. 8. NON -APPROPRIATION AND OBM CERTIFICATION. Performance by ODNR under this Agreement may be dependent upon the appropriation of funds by the Ohio General Assembly. Therefore, in accordance with Ohio Revised Code § 126.07, it is understood that ODNR's funds are contingent on the availability of such lawful appropriations by the Ohio General Assembly. If the Ohio General Assembly fails at any time to continue funding for the payments due hereunder, this Agreement is hereby terminated as of the date that the funding expires without further obligation of ODNR. 9. COMPLIANCE WITH LWCF PRODCEDURAL GUIDE. Subrecipient shall observe and comply with the terms, conditions, and processes set forth in the LWCF Procedural Guide referred to in Section 5 of this Agreement. A full text copy of the Procedural Guide is hereby incorporated into this Agreement by reference the same as though fully re -written herein and is available for download at: htty://realestate ohiodnr gov/outdoor-recreation-facility-grants. Failure to comply with, or show sufficient progress in complying with, the terms and conditions of the Procedural Guide may result in the termination of this Agreement. In the event of termination all unused funds shall be retained by NPS. 10. PROPERTY USE. The Property will be retained and used for public recreation purposes per Section 6(f)(3) of the LWCF Act. The Property and facilities on the Property will be kept open for general public use during reasonable hours and during appropriate seasons of the year, according to the type of use occurring on the site. Use of the Property and facilities on the Property will not be changed from that approved when Land & Water Conservation Fund assistance was obtained without prior written approval from ODNR. Any proposed construction of indoor recreation facilities on the Property must have prior written approval from ODNR and NPS. 11. MAINTENANCE OF PROPERTY. The Property will be operated and maintained so as to be safe, attractive, and inviting to the public. Sanitation and sanitary facilities will be maintained on the Property to comply with applicable state and local health standards. Buildings, recreation and support facilities, and other improvements on the Property will be kept in reasonable repair throughout their estimated life expectancy to prevent undue deterioration. 12. ACCESSIBILITY. Any new facility constructed on the Property will, whenever possible, be designed to accommodate people with disabilities. The Property and facilities on the Property shall be made available to all persons regardless of race, color, religion, sex, national origin, handicap, military status, age or ancestry. Any modifications to existing structures shall also include design considerations for persons with disabilities. It is understood that this requirement is applicable to any construction occurring on the Property, regardless of the funding source for the improvement. Subrecipient will require any facility on the Property to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480), DOI Section 504 Regulations (43 CFR Park 17). Subrecipient will be responsible to ensure compliance with these specifications by the contractor. 13. USER FEES. User fees charged for use of the Property or facilities on the Property will be reasonable for all users and will not create unfair competition with private enterprises offering similar 31P:iL,c