Section 670-8-3 - TERMS AND CONDITIONS OF APPLICATION/AGREEMENT By applying for the grant, the applicant agrees to the following conditions:
A. All grant money received under the program must be used for the sole purpose of maintaining the snowmobile trails specified in the grant application. Trail maintenance is defined as dragging, or smoothing the snow on the trail to remove the moguls or pot holes, trail brushing, building/repairing/replacing bridges, bulldozing, signing, construction and installation of gates. Payment is based on actual out-of-pocket expenses incurred in the trail maintenance process, including: reasonable labor expenses, and appropriate safety equipment, if a person is actually hired to work on the trails; reasonable hourly rate for equipment used, including groomers; or purchases of items such as plugs, drive belts, gas and oil; repairs to the snowmobile and drag, provided the damage occurred while grooming snowmobile trails specified in the application (only applicable when itemizing reimbursement request); backing material for signs, and bridge materials.B. The club's trails must be established only on land that the club has received oral or written permission from the landowners (and tenants, where applicable) to use. By signing the application, the club president certifies that permission has been obtained for all trails included in the application.C. The club and its members ensure, and will continue to ensure, that the trails and related facilities are safe, in good condition, and conform with all applicable laws and regulations, including obtaining all necessary permits, and erection of adequate trail signs shall be maintained, including as suggested by Bureau guidelines.D. The trails must be open to the general public for snowmobile use. Landowners and tenants who gave permission to use the land have been notified the trails are open to the general public for snowmobile use. The trails are not part of a system that another club, municipality, or any other party has applied for or received a grant under this program..E. A map of the trail location must be submitted with the application and will be incorporated into the agreement.F. Applicants must submit a request for reimbursement form (supplied by the Bureau) to the Snowmobile Program. To have expenses considered for full reimbursement, the completed request must be received by the Bureau, or postmarked, no later than May 15th. Request forms postmarked after May 15th, forfeit 10% of the approved amount for each day the request is late, and may be subject to further reductions if the Bureau determines it no longer has the funds on hand to meet the request.G. An explanation of expenditures must accompany the reimbursement request. Expenses incurred but not authorized for reimbursement should be listed separately from authorized expenses. All supporting materials (bills & invoices) must be retained by the grantee for three years, and must be submitted to the Snowmobile Program on request and available for audit by the Bureau. If the grantee does not comply with this requirement, the grantee forfeits and must return the grant received for those expenses.H. The Bureau has sole discretion to determine if expenditures are permitted and reasonable and the club has complied with the terms of the agreement and all applicable laws, rules and regulations. After making this determination, the Bureau will pay the approved expenditures up to the amount stated in the application, provided funds are available in the appropriate Bureau account.I. Title 5 M.R.S.A. §784(2) provisions on nondiscrimination in employment apply to the agreement.J. The club agrees not to assign, transfer, lease or encumber its rights or obligations under the agreement or to the trails, without the Bureau's prior written consent. The club shall indemnify, defend, and save the State and its employees harmless from and against any claims, losses, liabilities, costs, expenses, damages or other obligations of any nature in any way arising out of the use, occupation, maintenance, repair or development of any trails or related facilities or equipment used in connection with the trail maintenance or equipment funded under the agreement. The Bureau shall have no responsibility or liability for the maintenance or use of the trails, beyond the limits of the State sponsored Landowner Liability Insurance.K. The State may at any time inspect any facilities or equipment used in connection with the agreement.L. The club must be legally incorporated with the Secretary of State, Bureau of Corporations, Elections and Commissions and in good standing.