Loading...
IGA - Oregon Parks and Recreation Department - Dirksen Park Interpretive Shelter and Restroom Grant -.7�G 1-7-7009, Oregon Parks and Recreation Department Local Government Grant Program Agreement THIS AGREEMENT ("Agreement") is made and entered into by and between the State of Oregon, acting by and through its Oregon Parks and Recreation Department, hereinafter referred to as "OPRD" or the "State" and the City of Tigard, hereinafter referred to as the"Grantee". OPRD Grant Number: LG16-010 Project Title: Interpretive Shelter/Restroom Project Type (purpose): Development Project Description: The project will construct a new interpretive shelter / restroom at Dirksen Nature Park in Tigard, Oregon. The Project is further described in the Application included as Attachment B. Grant Funds / Maximum Reimbursement: $ 452,125 (7.86%) Grantee Match Participation: $5,300,000 (92.14%) Total Project Cost: $5,752,125 Grant Payments: Grant funds are awarded by the State and paid on a reimbursement basis, and only for the Project described in the Agreement, and the original Application included as Attachment B. To request reimbursement, Grantee shall submit a State supplied Request for Reimbursement form, copies of project invoices, and documentation confirming project invoices have been paid. In addition to the final reimbursement requested upon completion of the Project, Grantee may request mid-Project reimbursement, as often as quarterly, for costs accrued to date. Advance payments may be provided under hardship conditions. Reimbursement Procedures: Based on the estimated Project Cost of $5,752,125, and the Grantee's Match participation rate of 92.14%, the reimbursement rate will be 7.86%. Upon successful completion of the Project and receipt of the final reimbursement request, the State will pay Grantee the remaining Grant Funds balance, or 7.86% of the total cost of the Project, whichever is less. Matching Funds: The Grantee shall contribute matching funds or the equivalent in labor, materials, or services, which are shown as eligible match in the rules, policies and guidelines for the Local Government Grant Program. Volunteer labor used as a match requires a log with the name of volunteer, dates volunteered, hours worked, work location and the rate used for match, to be eligible. Retention: OPRD shall disburse up to 90 percent of the Grant Funds to Grantee on a cost reimbursement basis upon approval of invoices submitted to OPRD. OPRD will disburse the final 10 percent of the Grant Funds upon approval by OPRD of the completed Project and the Final Report substantially in the form of Attachment C. Progress Reports: Grantee shall submit written Progress Reports on forms provided by the State with each reimbursement request, or at a minimum, Progress Reports shall be submitted at six month intervals, starting from the effective date of the Agreement. Agreement Period: The effective date of this Agreement is the date on which it is fully executed by both parties. Unless otherwise terminated or extended, the Project shall be completed by October 31, 2018. This Agreement shall expire on the date final reimbursement payment is made by OPRD to Grantee. Project Sign: When project is completed, Grantee shall post an acknowledgement sign of their own design, or one supplied by the State, in a conspicuous location at the project site, consistent with the Grantee's requirements, acknowledging grant funding and the State's participation in the Project. Page 1 of 2 Agreement Documents: Included as part of this Agreement are: Attachment A: Standard Terms and Conditions Attachment B: Project Application including Description and Budget Attachment C: Sample Progress Report form Attachment D: Sample Request for Reimbursement form including guidelines In the event of a conflict between two or more of the documents comprising this Agreement, the language in the document with the highest precedence shall control. The precedence of each of the documents is as follows, listed from highest precedence to lowest precedence: this Agreement without Attachments; Attachment A; Attachment B; Attachment C; Attachment D. Contact Information: A change in the contact information for either party is effective upon providing notice to the other party: Grantee Administrator Grantee Billing Contact OPRD Contact Carla Staedter Laura Barrie Mark Cowan, Coordinator City of Tigard City of Tigard Oregon Parks & Rec. Dept. 13125 SW Hall Blvd 13125 SW Hall Blvd 725 Summer ST NE STE C Tigard, OR 97223 Tigard, OR 97223 Salem, OR 97301 503-718-2788 503-718-2465 503-986-0591 carla@tigard-or.gov laurab@tigard-or.gov mark.cowan@oregon.gov Signatures: In witness thereof, the parties hereto have caused this Agreement to be properly executed by their authorized representatives as of the last date hereinafter written. GRANTEE STATE OF OREGON Acting By and Through Its OREGO PARKS AND RECREATION DEPT. By� By: 9'16� . '/J--� Signature Tracy Louden, B siness and Tech. Solutions Administrator MG ✓ a L. tAbW 5- 31 - I Printed Name Date Ci�vi M��A Title 7 zQ11 By. Date Jan H , Grants Section Manager Oregon Department of Justice (ODOJ) approved �. for legal sufficiency for grants exceeding $150,000: Date By: AAG Marvin D. Fiordbeck ODOJ Signature or Authorization Printed Name/Title Mark Cowan, Grant Program Coordinator by e-mail on Auqust 29, 2016 Date Date Page 2 of 2 Attachment A — Standard Terms and Conditions Oregon Parks and Recreation Department Local Government Grant Program Agreement 1. Compliance with Law: Grantee shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Agreement or to implementation of the Project, including without limitation, OAR chapter 736, Division 6 (the Local Government Grant Program administrative rules). 2. Compliance with Workers Compensation Laws: All employers, including Grantee, that employ subject workers who provide services in the State of Oregon shall comply with ORS.656.017 and provide the required Worker's Compensation coverage, unless such employers are exempt under ORS 656.126. Employer's liability insurance with coverage limits of not less than $500,000 must be included. 3. Amendments: This Agreement may be amended only by a written amendment to the Agreement, executed by the parties. 4. Expenditure Records: Grantee shall document, maintain and submit records to OPRD for all Project expenses in accordance with generally accepted accounting principles, and in sufficient detail to permit OPRD to verify how Grant Funds were expended. These records shall be retained by the Grantee for at least six years after the Agreement terminates, or until all audits initiated within four years have been completed, whichever is later. The Grantee agrees to allow Oregon Secretary of State auditors, and State agency staff, access to all records related to this Agreement, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 5. Equipment: Equipment purchased with Local Government Grant Program funds must be used as described in the Project Agreement and Application throughout the equipment's useful life. The Grantee will notify the State prior to the disposal of equipment and will coordinate with the State on the disposal to maximize the equipment's ongoing use for the benefit of the Local Government Grant Program. 6. Use of Project Property: Grantee warrants that the land within the Project boundary described in the Application (Attachment B) shall be dedicated and used for a period of no less than 25 years from the completion of the Project. Grantee agrees to not change the use of, sell, or otherwise dispose of the land within the Project boundary, except upon written approval by OPRD. Leases for projects placed on federally owned property must be at least 25 years. Land acquired using Local Government Grant funds shall be dedicated, by an instrument recorded in the county records, for recreational use in perpetuity, unless OPRD or a successor agency, consents to removal of the dedication. 7. Conversion of Property: Grantee further warrants that if the Grantee converts lands within the Project boundary to a use other than as described in the grant application or disposes of such land by sale or any other means, the Grantee must provide replacement property acceptable to OPRD within 24 months of either the conversion or the discovery of the conversion. If replacement property cannot be obtained within the 24 months, the Grantee will provide payment of the grant program's prorated share of the current fair market value to the State. The prorated share is that percentage of the original grant (plus any amendments) as compared to the original project cost(s). The replacement property must be equal to the current fair market value of the converted Page 1 of 3 property, as determined by an appraisal. The recreation utility of the replacement property must also be equal to that of the lands converted or disposed. If conversion should occur through processes outside of the Grantee's control such as condemnation or road replacement or realignment, the Grantee will be required to pass through to the State that prorated share of whatever consideration is provided to the Grantee by the entity that caused the conversion. The monetary value of whatever consideration provided by the taking will normally consist of the fair market value of the property established by an appraisal. The warranties set forth above are in addition to, and not in lieu of, any other warranties set forth in this Agreement or implied by law. 8. Contribution: If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against a party (the "Notified Party") with respect to which the other party ("Other Party") may have liability, the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Either party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. With respect to a Third Party Claim for which the State is jointly liable with the Grantee (or would be if joined in the Third Party Claim), the State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the Grantee in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the Grantee on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the State on the one hand and of the Grantee on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding. With respect to a Third Party Claim for which the Grantee is jointly liable with the State (or would be if joined in the Third Party Claim), the Grantee shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the State in such proportion as is appropriate to reflect the relative fault of the Grantee on the one hand and of the State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the Grantee on the one hand and of the State on the other hand shall be determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The Grantee's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding. Grantee shall take all reasonable steps to cause its contractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon and its officers, employees and agents ("Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or expenses (including attorneys' fees) arising from a tort (as now or hereafter defined in ORS 30.260) caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Grantee's contractor or any of the officers, agents, employees or subcontractors of the contractor ("Claims"). It is the specific intention of the parties that Page 2 of 3 the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by the contractor from and against any and all Claims. 9. Condition for Disbursement: Disbursement of grant funds by OPRD is contingent upon OPRD having received sufficient funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow OPRD, in the exercise of its reasonable administrative discretion, to make the disbursement. 10. No Third Party Beneficiaries. OPRD and Grantee are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly or indirectly, to a third person unless such a third person is individually identified by name herein and expressly described as intended beneficiary of the terms of this Agreement. 11. Repayment: In the event that the Grantee spends Grant Funds in any way prohibited by state or federal law, or for any purpose other than the completion of the Project, the Grantee shall reimburse the State for all such unlawfully or improperly expended funds. Such payment shall be made within 15 days of demand by the State. 12. Termination: This Agreement may be terminated by mutual consent of both parties, or by either party upon a 30-day notice in writing, delivered by certified mail or in person to the other party's contact identified in the Agreement. On termination of this Agreement, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. Full credit shall be allowed for reimbursable expenses and the non- cancelable obligations properly incurred up to the effective date of the termination. 13. Governing Law: The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. 14. Entire Agreement: This Agreement constitutes the entire Agreement between the parties. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, Agreements, or representations, oral or written, not specified herein regarding this Agreement. The Grantee, by signature of its authorized representative on the Agreement, acknowledges that the Grantee has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Revised 8/29/16 MC Page 3 of 3 OF Urego n Parks and Recreation Department j i Headquarters Kate Brown,Governor 725 Summer St NE Ste C Salem,OR 97301-1266 (503)986-0980 May 31, 2017 Fax(503)986-0794 www.oregonstateparks.org Carla Staedter rnsroRr STATE o ery City o Tigard R4RK5 Mc 13125 SW Hall Blvd Tigard, OR 97223 RE: NOTICE TO PROCEED Local Government Grant Program LG16-010— Interpretive Shelter/Restroom Carla: Enclosed is a signed Agreement for the Interpretive Shelter/Restroom project. This signed Agreement and letter authorizes you to proceed with project work. You have one year to complete significant work (i.e. the award of a contract, or completion of at least 25 percent of the work, if done by agency force account). You have until October 31, 2018 to complete the project. Once project work has begun you should submit Progress Reports and Reimbursement Requests to OPRD as outlined in the Agreement. To submit Progress Reports and Reimbursement Requests, please use OPRD's online application and grant management system accessible at OPRDGrants.org. We encourage you to offer appropriate media opportunities and involvement of your local legislators in order to help build public awareness of the project's purpose and benefits. Please contact me prior to any event celebrating your project's beginning or completion. Thank you for your participation in this program and congratulations again on receiving funding assistance. If you have any questions, please feel free to contact me at 503-986-0591 or mark.cowanCa)-oregon.gov Sincerely, Mark Cowan Grant Program Coordinator Enclosures: