State of Oregon - Grant Program for Skate Park F
`\ 1 O� Parks and Recreation Department
+ 2 725 Summer Street NE,Suite C
9 Theodore R.Kulongoski,Governor Salem,OR 97301-1266
(503)986-0707
FAX(503)986-0794
September 29, 2006 www.oregonstateparks.org
OREGON
City of Tigard
Dan Plaza, Parks Manager
9020 SW Burnham Street PARKS
Tigard, OR 97223
RE: NOTICE TO PROCEED
Local Government Grant Program
City of Tigard Skate Park LGP0204
Dear Mr. Plaza:
Enclosed is a signed agreement for the above referenced project. This signed
agreement authorizes your agency to proceed with the City of Tigard Skate Park
project. You have until August 31, 2008 to complete the project. Please use the
enclosed billing form and quarterly report forms when requesting reimbursement.
These forms are also available electronically by request.
Thank you again for your participation and success in receiving funding
assistance. If you have any questions, please call me at (503) 986-0708.
Sincerely,
Michele Scalise
Grants Program Coordinator
Enclosure
63400-0806 t0`
1 LOCAL GOVERNMENT GRANT PROGRAM
2 GRANT AGREEMENT
3
4 THIS AGREEMENT is made and entered into on the date of final signature of this agreement by and between
5 the State of Oregon,acting by and through the Oregon Parks and Recreation Department,hereinafter referred to as
6 the "State," and the City of Tigard, or designated representative, hereinafter referred to as the "Sponsor."
7
8 The parties agree to the following:
9
10 WHEREAS, under ORS 390.180, the State and Sponsor may enter into an agreement concerning acquisition,
11 development, and or rehabilitation of public outdoor recreation areas and facilities,hereinafter called"Project,"
12 and the State may make grants of money to assist the Sponsor in such projects.
13
14 WHEREAS, under OAR Chapter 736, Division 6, the Sponsor agrees to comply with the Local Government
15 Grant Program administrative rules.
16
17 The purpose of this agreement is to set forth the obligation of both parties in the acquisition,development and/or
18 rehabilitation of public outdoor recreation areas and facilities. The State and the Sponsor desire to achieve
19 improvements in park and recreation areas and facilities as hereinafter described in the project application and to
20 that end, the Sponsor proposes to perform work and/or acquire land as set out and described in the
21 Description/Scope of Work section of this agreement and the Sponsor's application.
22
23 The State has sufficient Local Government Grant Program funds available within its current biennial budget and
24 has authorized the expenditure on the Sponsor's project as defined below.
25
26 The Project has been reviewed and based on the Sponsor's application and representations,is found to be feasible
27 and appropriate for funding.
28
29 Project Title: City of Tigard Skate Park
30
31 Project Number: LGP0204
32
33 PROJECT FUNDING
34
35 The total cost of the project covered by this Agreement is $426,300.
36
37 The value of the Sponsor contributions for this project is$276,300,which is the difference between the total cost
38 and the State grant.
39
40 The State agrees to pay$150;000 or 3.6 percent of the total project costs,whichever amount is less,from monies
41 available through the Local Government Grant Program.
42
43 NOW, THEREFORE,the State and the Sponsor agree to the following:
44
45 Upon approval by the Oregon Parks and Recreation Commission,the State shall provide Local Government Grant
46 Program funds to the Sponsor to supplement the funding of the authorized Project.
47
48 Sponsor may begin work upon receipt of signed Agreements and a Notice to Proceed from the State. Any
49 expenses incurred prior to the agreement date will not be eligible for reimbursement.
50
51 PROJECT INFORMATION
52
Page 1 of 6
53 Description/Scope of Work: Construction of 15,000 square foot outdoor concrete skate park including,paving
54 ramps, ledges/benches, steps, retaining walls, edging, grind rails, framing, coping, concrete pumping, rebar,
55 crushed rock, landscaping and as further described in the Project Sponsor's grant application.
56
57 Project Sponsor Contact: City of Tigard
58 Dan Plaza, Parks Manager
59 9020 SW Burnham Street
60 Tigard,OR 97223
61 (503) 718-2590 Phone
62 (503) 718-2401 Fax
63
64 The Sponsor's project and boundary map information is more particularly described in the project grant application
65 and by this reference made a part of this agreement.
66
67 PROJECT TERM AND AMENDMENTS:
68
69 Project Term: The Sponsor shall have one year from the date of authorization of this agreement to commence
70 substantial work (i.e., for sponsor to award contracts for work or show at least 25% of work is complete if the
71 work is performed by force account). Projects not in compliance with this schedule may be cancelled unless
72 substantial justification for an extension is warranted.
73
74 This Agreement shall become effective after both parties have signed this Agreement and shall become effective
75 on the final date of signature of this agreement. Unless otherwise terminated or extended this Project shall be
76 completed and this Agreement shall expire on August 31,2008.
77
78 Amendments:
79 This Agreement may only be amended if requested in writing,approved by the State, and signed by the parties.
80 An extension for a six-month period may be granted for the project agreement if requested in writing at least 30
81 days prior to expiration date of this agreement, allowing enough time to prevent a lapse in the agreement. The
82 request for extension must show a compelling need for the extension.
83
84 PROGRESS REPORTS AND PAYMENTS
85
86 Proaress Reports: Once work has begun,Sponsor shall report to the State on work completed on a quarterly basis
87 as follows-
88 By April 30 for the quarter beginning January 1 and ending March 31;
89 By July 31 for the quarter beginning April 1 and ending June 30;
90 By October 31 for the quarter beginning July 1 and ending September 30;
91 By January 31 for the quarter beginning October 1 and ending December 31.
92
93 A progress report giving an accounting of the work accomplished is also required whenever project
94 reimbursements are requested. A copy of the progress report form to be used is attached.
95
96 Sponsor must submit a final report and final reimbursement within 60 days of the project completion date or the
97 expiration date of the agreement. The final report shall include full and final accounting of all expenditures and
98 description of the work accomplished.
99
100 Reimbursements will be given only for those items identified in the grant agreement. Substitutions of the elements
101 of the projects or deletion of elements will not receive reimbursement. Example,if the Sponsor stated in the grant
102 agreement that a walkway will be paved but instead used cinder wood or purchased a storage shed,those dollars
103 that were to be allocated towards the paving will be reduced from the Sponsor's project costs and will not be
104 reimbursed.
Page 2 of 6
105
106 PROJECT BILLING AND REIMBURSEMENT
107
108 Sponsor may bill for reimbursable expenditures quarterly or at anytime during the agreement period with proper
109 documentation. To request a reimbursement,Sponsor will complete Agency Billing Form,along with the progress
110 report form,and send both to.
111
112 Oregon Parks and Recreation Department
113 ATT N: Michele Scalise, Grants Program Coordinator
114 725 Summer Street NE, Suite C
115 Salem, Oregon 97301
116 503-986-0708
117
118 The Agency Billing Form is attached with this agreement.
119
120 Partial reimbursements up to 90%of the grant amount may be billed to the state during the project period for work
121 completed. In all partial reimbursements, State will retain 10% of total grant allocation amount until final
122 approval and acceptance by the State. The final 10% will be reimbursed after the project is completed, full
123 documentation is received, and there is final approval and acceptance by State.
124
125 Partial reimbursements and quarterly reports shall contain a reasonable and accountable request. At no time will
126 the State reimburse Sponsor for more than the maximum percentage allowed under this agreement.
127
128 The State shall not be obligated to make a final payment to the Sponsor until all documentation and required
129 reports are received. Projects may be inspected by the State prior to final acceptance and final reimbursement of
130 the work completed.
131
132 SPONSOR COVENANTS
133
134 Match: The sponsor shall contribute matching funds or the equivalent in labor,materials or services,which are
135 shown as eligible match in the rules, policies and guidelines for the Local Government Grant Program.
136
137 Publicity Sponsors shall make every effort to publicize the Local Government Grant Program and the State's
138 participation. Upon completion of the project, State may require that signs acknowledging Local Government
139 Grant Program assistance be installed at the site.
140
141 Public Access to the Project: The Sponsor shall allow open and unencumbered public access to the Project to all
142 persons without regard to race, color, religious or political beliefs, sex, national origin or place of primary
143 residence.
144
145 Compliance with Workers Compensation Law: The Sponsor shall require that its contractors or any
146 subcontractors and all employers performing work on the Project be subject employers under the Oregon Workers
147 Compensation Law and shall comply with ORS 656.017, which requires subject employers to provide
148 compensation coverage for all subject workers.
149
150 Record Maintenance: The Sponsor shall retain a project file including accounting records for three(3)fiscal years
151 after the completion of the project and allow the State, or its authorized representative,to inspect and review all
152 fund related records,to the level of detail prescribed by the reviewing entity,whenever so requested by the State or
153 its authorized representative.
154
155 Inspection and Audit: The Sponsor shall permit all fund-assisted sites to be inspected by the State and/or its
156 authorized representative(s)at reasonable times. Projects may be inspected by the State prior to final acceptance.
Page 3 of 6
157
158 Liability: The Sponsor shall be liable for injury or loss of property, personal injury, or death caused by the
159 negligent or wrongful act or omission of any employee of the sponsor,while acting within the scope of his office
160 or employment as permitted under the Oregon Tort Claims Act, where the State of Oregon, if a private person,
161 would be liable to the claimant in accordance with the law of the State where the act or omission occurred.
162
163 Indemnity: Subject to the limits and conditions for the State of Oregon Tort Claims Act,the Sponsor shall defend,
164 save, hold harmless, and indemnify the State of Oregon and the Department and their agencies, subdivisions,
165 officers,directors,agents,employees,and members from any and all claims,suits,actions,losses,liabilities,costs,
166 expenses,and damages of whatsoever nature resulting from,arising out of,or relating to the activities of Sponsor
167 or its officers, employees, contractors, or agents under this agreement.
168
169 CONVERSION
170
171 Sponsor further warrants that the land within the project boundary shall be dedicated and used for a period of no
172 less than 25 years from the completion of the Sponsor's project for park or recreation purposes. Sponsor must
173 insure that the land within the project boundary will be used only for park and recreation purposes, Sponsor
174 controls or will have control the land,and that the Sponsor will not change the use of,sell,or otherwise dispose of
175 the land within the project boundary, except upon written approval by the State. Leases for federally owned
176 property must be at least 25 years. If the current lease is within 5 years of termination,a letter of intent to renew
177 the lease will be required from the federal agency.
178
179 If the Sponsor converts lands within the project boundary to a use other than park and recreation purposes, or
180 disposes of such land by sale or any other means, the Sponsor must provide replacement property within 24
181 months of either the conversion or the discovery of the conversion.
182
183 If replacement property cannot be obtained within the 24 months,the Sponsor will provide payment of the grant
184 program's prorated share of the current fair market value to the State. The prorated share is that percentage of the
185 original grant(plus any amendments)as compared to the original project cost(s). The replacement property must
186 be equal to the current fair market value of the converted property,as determined by an appraisal. The recreation
187 utility of the replacement property must also be equal to that of the lands converted or disposed.
188
189 If conversion should occur through processes outside of the Sponsor's control such as condemnation or road
190 replacement or realignment, the Sponsor will be required to pass through to the State that prorated share of
191 whatever consideration is provided to the Sponsor by the entity that caused the conversion. The monetary value of
192 whatever consideration provided by the taking will normally consist of the fair market value of the property
193 established by an appraisal.
194
195 TERMINATION
196
197 The State reserves the right to cancel this agreement if no progress on the Project is made within one year of the
198 effective date of this agreement.
199
200 The State,upon thirty(30)days written notice to the Sponsor,may modify or terminate this agreement if the State
201 fails to receive funding or appropriations,limitations,or other expenditure authority at levels sufficient to pay the
202 allowable costs of the Project to be funded hereunder, or should state law,regulation or guidelines be modified,
203 changed or interpreted in such a way that the Project,or any portion of the Project is no longer eligible for Local
204 Government Grant Program funding.
205
206 REMEDIES
207
208 THE State shall have any and all rights and remedies available by law or in equity.
Page 4 of 6
209
210 GENERAL PROVISIONS
211
212 Participation in Similar Activities: This agreement in no way restricts the Sponsor or the State from participating
213 in similar activities with other public or private agencies, organizations or individuals.
214
215 Duplicate Payment: The Sponsor shall not be compensated for or receive any form of duplicate,overlapping or
216 multiple payments for the same work performed under this agreement from any agency of the State of Oregon or
217 the United States of America or any other party,organization or individual. All Sponsor matching contributions to
218 this agreement must be used and expended for this project only and within the project period.
219
220 No Third Party Beneficiaries: The State and the Sponsor are the only parties to this agreement and are the only
221 parties entitled to enforce its terms. Nothing in this agreement gives, is intended to give,or shall be construed to
222 give or provide any benefit or right, whether directly or indirectly,to a third person unless such a third person is
223 individually identified by name herein and expressly described as intended beneficiary of the terms of this
224 agreement.
225
226 Freedom of Information Act: Any information furnished under this agreement is subject to the Freedom of
227 Information Act(5 U. S C. 552).
228
229 Non-Discrimination: The parties agree not to discriminate on the basis of race,religion,sex,color,national origin,
230 family status,marital status,sexual orientation, age,and source of income or mental or physical disability in the
231 performance of this contract.
232
233 Notices:All written communications,which are to be given to the State under this Agreement,will be mailed and
234 addressed as follows:
235
236 Oregon Parks and Recreation Department
237 Michele Scalise, Grants Program Coordinator
238 725 Summer Street NE, Suite C
239 Salem, Oregon 97301
240
241 WAIVER CLAUSE
242
243 THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO
244 WAIVER,CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND
245 EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES SUCH WAIVER,CONSENT,
246 MODIFICATION OR CHANGE,IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE
247 AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS,OR
248 REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS
249 AGREEMENT. SPONSOR, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE,
250 HEREBY ACKNOWLEDGES THAT SPONSOR HAS READ THIS AGREEMENT, UNDERSTANDS IT
251 AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
252
253 IN WITNESS THEREOF, the parties hereto have caused this agreement to be properly executed by their
254 authorized representatives as of the day and year hereinafter written.
255
256
257
258
259
Page 5 of 6
Project Spoor
Sponsor Title y
Sponsor i nature
()l 1 , (/)
Date
, CG . �,�
�& l Gove ment Gra 5oordinator
q 2 ( ()C�
Date
Grants Divi n Manager
Date
STATE OF O EGON, by and through Oregon
Parks and R eation a art ent
Tim Wood,Directo
� 2� o,,
Date /
Page 6 of 6
PROGRESS REPORT FORM
LOCAL GOVERNMENT GRANT PROGRAM
QUARTERLY ❑ FINAL
Date:
Project Name:
Project Sponsor:
Date of Project Approval: Date Work Started:
Describe Work Completed This Quarter:
Describe Any Problems Or Delays:
Percentage of Project Completed to Date:
Report Completed By:
Title:
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 06-,rn_
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A $150,000 STATE OF
OREGON LOTTERY LOCAL GOVERNMENT GRANT TO BE USED FOR THE
CONSTRUCTION OF THE JIM GRIFFITH MEMORIAL SKATE PARK
WHEREAS, the Oregon Park and Recreation Department has funding available through the
State of Oregon Lottery Local Government Grant Program for projects such as the construction
of the Jim Griffith Memorial Skate Park; and
WHEREAS, the City of Tigard desires to participate in this State Lottery Program in order to
receive$150,000 in matching funds for the skate park construction; and
WHEREAS, with $150,000 in grant funding, the City of Tigard's share of the project's cost is
estimated to be$226,300 in Park System Development Charges;and
WHEREAS, the City of Tigard Skate Park Task Force has raised money and will make a
significant financial contribution to the project;and
WHEREAS,the skate park project is identified in the adopted Tigard Park System Master Plan;
and
WHEREAS, Tigard supports its youth and believes in providing opportunities for young
people to be engaged in constructive activities; and
WHEREAS, the Jim Griffith Memorial Skate Park would provide such an opportunity for
Tigard youth.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1. The Tigard City Council authorizes the City Manager to accept a State of
Oregon Lottery Local Government Grant awarded to the City of Tigard to
construct the Jim Griffith Memorial Skate Park.
SECTION 2. This resolution is effective immediately upon passage.
PASSED: This I a day of !-:�y4t4-t, 2006.
RESOLUTION NO. 06-,5-7
Page 1
�r
Mayall-City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 06-�
Page 2