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HomeMy WebLinkAbout1991-103 Safety Program - ODOT OREGON DEPARTMENT OF TRANSPORTATION TRAFFIC SAFETY DIVISION TRAFFIC SAFETY PROJECT SUMMARY t. Agency/Jurisdiction City of Ashland Public Works 2. Project Title Ashland Model Pedestrian/Bicycle Safety Program 3. Project No. DE-92-20-06 Project Period: From 10-1-91 To 9-30-92 4. Project Description A police department program of educational and enforcement activities to xmprove pedestdtm and bicycle s&fety in a comunity with a large number of tourists and college students. 5. Objectives a. To have "0" pedestrian fatalities by September 30, 1992. b. To reduce pedestrian injuries from an annual average of 7 to 5.25 (by 25%) by September 30, 1992. c. To reduce biycle accidents from a ten year annual average of 11.8 to 8.85 (by 25%) by September 30, 1992, by implementing a bicycle safety and enforcement program. d. To increase bike helmet usage from ~ estimated current level of 17% to 19%, by September 30, 1991, with the use rate determined by observed use surveys. 6. Project Director Pam Barlow Sweet/P.O. City Hall, 20 E. Main City Ashland Zip Code Title Administrative Assistant Telephone 482-3211 #57 97520 FAX 488-5311 7. Grant Manager Chuck Nelson 8. Recommended Budget TSD $ 40,000 75% Match $ 15,000 25% Total $ 55,000 100% 9. Approval/Award Summary a. Federal (HSP) Approval: b. OTSC Approval: c. Final Award Letter: d. Grant Adjustment 01: e. Grant Adjustment 02: Date: Date: q/FO Date: ///~{ Date: Date: TSD $ TSD $ 40,0oo TSD $ TSD $ TSD $ Match $ /~.,000 Match $ /4F, 00 O Match $ /.0% 000 Match $ Match $ 7/91 City of Ashland A Model Pedestrian and Bicycle Safety Program I. Introduction. A.General Information. The City of Ashland is a growing city of 16,775 with changing transportation demands. The predominant form of transportation within the City has been the private automobile. Nearly all trips for work, social, and recreational purposes involve the use of the automobile. While there has been a significant increase in automobile traffic over the last ten years, Ashland has a health-conscious population with many walkers, joggers and bicyclists. This has led to increases in conflicts between these transportation modes. The City of Ashland has responsibility for managing traffic within the City. The City of Ashland Police Department is responsible for enforcing traffic law. Traffic safety and planning is overseen by the Public Works Department. Goals for 1991 set by Ashland's Traffic Safety Commission include inventorying sidewalks and making walking a safer and more efficient transportation alternative. The City Council and the Traffic Safety Commission are committed to supporting activities to encourage walking. A 1990 pedestrian fatality resulted in the formation of an ad hoc Pedestrian Safety Committee to respond to citizens' concerns, resulting from a 1990 pedestrian fatality. Transportation planning and development in Ashland has historically focused on making motoring safe and efficient with bicycle and pedestrian transportation planning being largely ignored or considered recreational. Approximately eighty-two percent of all trips are made in the automobile. Two thirds of the population of the City of Ashland both live and work in the City and generate a Iow average car trip-length of under two miles. Changing energy and environmental costs have made the development of safe, efficient bicycle and pedestrian routes a City priority. Additionally, Goal 12 of LCDC mandates that local transportation plans shall "consider all modes of transportation including...bicycle and pedestrian," and "avoid reliance on any one mode of transportation." Studies have shown that the majority of automobile trips in Ashland both originate and end within the City. This contradicts the belief that a large percentage of traffic is generated by tourism. It is Ashlanders that are in need of bicycle and pedestrian safety education, not tourists. B.OTSC Grants Received During the Last Five Years. The City of Ashland has not been the recipient of any State of Oregon Traffic Safety Commission grant since Fiscal Year 1987. II. Problem Statement. A. What is the problem? ACC I DENTS As related in the State of Oregon Highway Safety Problem Analysis: "E. Bicycle Safety 3. In 43% of the reported car/bike accidents, the motorist was in error;" Bicycle accidents in the City of Ashland have tripled over the last ten years. "4. As the popularity of bicycling as a recreational activity continues to grow, more emphasis needs to be placed on safety awareness and injury prevention;" Bicycling is increasing in the City of Ashland and current opportunities for safety education are limited to occasional bicycle rodeos and safety checks. There are increasing numbers of conflicts between bicycles and pedestrians, with some of the conflicts resulting in injuries. "5. 1988 Health Division Trauma Registry statistics show 38% of all bicycle injuries and fatalities involved significant head injury. Of the recorded bicycle related significant head injuries in 1989, figures show only a 4.5% helmet use rate. There is a need for bicycle helmet education;" It is estimated by the City of Ashland Bicycle Commission that fewer than 5% of all bicyclists are currently wearing bicycle helmets. There are no programs to encourage the wearing of bicycle safety helmets. "6. There is currently no state required safety curriculum in Oregon schools, and some schools do not offer any safety education for grades K-12." Ashland School District #5 does not integrate bicycle safety programs, such as Oregon Traffic Safety Commission's Smart Cycling Program, as a part of their curriculum. "F. Enforcement 1. There is a continuing decline in the enforcement of traffic laws. Police agencies are facing increased traffic volume, increasing population, increasing crime rates, and expanding demands for service such as hazard response, thus reducing discretionary patrol time, including traffic enforcement. Agencies are also facing decreased manpower levels;" The City of Ashland Police Department's resources and manpower are becoming more limited while their caseloads are increasing. This is reducing the amount of time they are available to enforce traffic safety issues related to bicycles and pedestrians. "2. Contributing circumstances linked to driver related factors in 1989 fatal accidents include:l) Drinking and driving(43%), 2) Speeding(30%), 3) failure to yield right of way(Il%), and 4) failure to stay in lane(61%)." Motorists in the City of Ashland have been under increasing fire from the public for not being aware of nor yielding the right of way to bicyclists and pedestrians. Additionally, bicyclists do not always obey or know the rules of the road, and frequently do not yield the right of way to pedestrians. Over the last ten years there has been an average of seven serious pedestrian accidents and nearly twelve serious bicycle accidents per year. It is estimated that only around ten percent of all pedestrian and bicycle accidents are reported. This means that the official figures represent only a small fraction of the accidents actually occurring. In addition, the City has been experiencing at least one pedestrian fatality in each of the last five years. The public is demanding that pedestrian rights of way, especially at crosswalks, be more strictly enforced. Pedestrians, especially senior citizens, college students and young children, need pedestrian safety training to reduce the number of injuries and fatalities. All pedestrian fatalities in the last ten years have been senior citizens. B. What is currently being done to solve the problem? The City of Ashland Police Department has no current safety program targeting pedestrians and bicyclists. Occasional bike rodeos are held to give grade- school children bicycle skill and safety training, and to conduct bicycle safety checks. There are currently no special safety programs targeting senior citizen pedestrians. III. Objectives. A. To have 0 pedestrian fatalities by September 30, 1992. B. To reduce pedestrian injuries from an annual average of 7, to 5.25 (by 25%) by September 30, 1992. C To reduce bicycle accidents from a ten year annual average of 11.8 to 8.85 (by 25%) by September 30, 1992 by Implementing a bicycle safety and enforcement program. D. To increase bicycle helmet usage from an estimated current level of 17% to 19%, by September 30, 1991, with the use rate determined by observed use surveys. IV. Proposed Activities. A. Major Activities. First Quarter: .1, Date Collection and Analysis. The Pedestrian and Bicycle Safety Officer (PBSO) will collect information and documentation relating to the current bicycle and pedestrian safety situation. Hazardous sites as targeted in the Ashland Comprehensive Plan Transportation Element will be observed and reported, Meetings will be held with the targeted groups (Youth Cyclists. Adult Cyclists, Youth Pedestrians, SOSC pedestrians, Senior Pedestrians) to obtain their input. 2, Safety Proqram Development and Implementation. Utilizing the information collected from meetings with the target populations, the PBSO will develop safety programs geared to the special needs of each population group. Second Quarter: Development of a Pedestrian Safety Proarem for the students at Sok4thern ~¢~)~Lt~r...~. The program will include a pedestrian safety training seminar at the student union, talks with students in the dormitories, and working with the Jay-walkers on Siskiyou Boulevard between Palm Street and Frances Lane. Third Development of a Pedestrian Safetv Proaram for senior citizens. The program will include a pedestrian safety training seminar to be held at the Ashland Senior Center. Outreach will be made to other senior oittzens through the media, utility billing newsletter, Ashland Cable Access, and contacts with agencies serving senior citizens. Quarter: Crosswalk Awareness and Pedestrian Safetv. Public Awareness programs will be developed targeting motorists, Media utilized will include the Ashland Daily Tidings, Ashland Cable Access, and the City of Ashland utility billing newsletter. Enforcement will be emphasized. A second series of programs focusing on senior citizens' pedestrian safety will be held. Development gf ~ Pedestri~n Safety Program for School District #~ ~uden~ The PBSO wilt coordinate with the school district to reinforce their pedestrian safety activities, and will work with youth in target locations throughout the City. The PBSO will lay the groundwork for fall implementation of the Smart Cycling Program. Fourth Quarter: Development and Implementation of the Smart Cvclina Proaram. The PBSO will work with the Ashland Bicycle Commission and teachers to develop the curriculum and personalize it for Ashland. The PBSO will work with teachers to Implement the program, and to obtain and train parent/adult volunteers to help with on-street practice rides. The model program will be held at one grade school, and the PBSO will promote its integration as a regular part of the elementary program. A bicycle safety seminar targeting college students will be developed and held at SOSC, and will include safe mountain biking techniques. The Smart Cycling Program will require bicycle helmets, and the SOSC seminar will emphasize their importance. Policy Setting and Data C0!lection, The PBSO will work to have a policy implemented requiring City personnel to model "pedestrian aware" driving (stopping at crosswalks when pedestrians are waiting). The PBSO will provide information and training to all City personnel, in particular, public works and police. No less than half of the PBSO's time will be spent on enforcement during this phase of tho project. Sites targeted for safety improvements will be observed and data collected. September I to September 30, 1992. I;valuetion. The target groups will be re-contacted for the public's feedback on the perceived effectiveness of the program. Data will be compiled and the program will be evaluated. Duration: ~1. Enfgrcem¢nt, Throughout the year the PBSO will be available for approximately one-third of the time or more to enforce pedestrian safety issues and bicycle traffic law. B. Public Information Activities. 1. The PBSO will work with Ashland Cable Access to place existing bicycle and pedestrian films on the channel. The timing of films to be shown will co-ordinate with the target populations being approached, 2. Press releases and articles will be developed to provide publicity for each piqase of the project and will be submitted to the Dally Tidings, and the Medford Mail Tribune. 3. Bicycle and pedestrian safety educational articles will be submitted to the Dally Tidings for each phase of the program, 4. The PBSO will work with Ashland Cable Access to develop a half-hour video program identifying driving hazardous to pedestrians, hazardous pedestrian and bicycle behavior, and safe behaviors. C, Coordination. This program will be coordinated with the following agencies: Ashland Cable Access: Ashland Cable Access will work with the Pedestrian and Bicycle Safety Officer in scheduling and developing video programs related to pedestrian and bicycle safety. Ashland School District #5: The school district will work with the Pedestrian and Bicycle Safety Officer to Implement youth bicycle safety, bicycle helmet and pedestrian safety programs. Ashland Senior Center: The Center will provide access to the senior citizens involved in their programs, and will help distribute materials. Southern Oregon State College: The college will work with the Pedestrian and Bicycle Safety Officer to Implement youth bicycle safety, bicycle helmet and pedestrian safety programs. V.Evaluation Plan. A. Evaluation questions. 1. Pedestrians: How many pedestrian fatalities have there been? How many pedestrians have been injured? Did we have 5.25 or fewer pedestrian injuries? How many injured pedestrians were age 65 or older? What percent of total are seniors? What percent change has there been in the number of citations Issued to motor vehicles violating pedestrian rights of way? Has there been any change in the public's perceived level of pedestrian safety? 2. Bicycles: How many bicycle fatalities have there been? How many bicycle injuries have there been? Did we have 8.85 or fewer bicycle eccldents? How many citations were issued for vehicles not yielding the right of way? How many citations were issued to bicycles not yielding the right of way? Has there been any change In the public's perceived level of bicycling safety? 3. Bicycle helmets: Whet percentage of bicyclists are wearing helmets? Did we increase the percentege of bicydist~ weafi~9 helmets by at least 2 percent? B. Data Requirements. 1. Data to be Collected. The Data Table presented as Exhibit A will be submitted with required quarterly reports. 2. Data system. The PBSO will be responsible for collecting, storing and tabulating date.. Pedestrian and bicycle accident data, and bicycle helmet use percentages will be collected for quarterly reports. The PBSO will work with the Engineering Division on data collection end will coordinate volunteers as needed to expand data collection opportunities where funding for dete collection is not evailable. The PaSO will have access to the City's computer network for deta compilation, tabulation and report writing. C. Evalueflon Design. Data collected for the quarterly reports will be compared to the objectives for the project, and percentages of chenge will be presented. The PBSO will provide an analysis of the effectiveness of the progrem's projects, and make suggestions for improvements. D. Report Preparation. A report will be submitted to OTSC following the requirements given in Section VIII, Agreements and Assurances. U 0 PEDESTRIAN ACCIDENTS YEAR # ACCIDENTS PEDS BIKES FATAL PED 1980 6 8 0 1981 9 6 1 1982 6 8 0 1983 6 11 0 1984 2 15 0 1985 6 7 0 1986 11 13 0 1987 9 12 1 1988 10 18 2 1989 6 16 1 1990 6 16 1 AVG: 7 11.82 0,55 SUM: 77 130.00 6.00 C) w W ~- CD S±N3OIOOb' -t0 'ON Exhibit B: Job Descriptions. The following job description for a police officer is as officially adopted by the Ashland City Council: Protection and Enforcement POLICE SERIES Gkq~ERAL DESCRIPTION OF SERIES Employes are responsible for public safety and law enforcement within the City. POLICE OFFICER Characteristics At the ent~-y level, the Police Officer performs patrol and/or investigation work in the protection of life and property and enforcing laws and ordinances; assists in maintaining security in the City Jail. Work is reviewed by a superior officer for conformance with orders and regulations. Does related work as required. Minimum Qualifications Equivalent to: Successful completion of 90 college credit hours and successful completion of a physical agility test as established by the Police Department. SOUTHERN OREGON STATE COLLEGE May 17, 1991 Pamela J. Barlow Administrative Assistant Public Works Department City of Ashland Ashland, OR 97520 Dear ?am: Southern Oregon State College would like to take this opportunity to express our support for the City of Ashland's grant proposal to the State of Oregon Traffic Safety Commission. Over the last several years we have seen an increase in the number of students using bicycles as their primary means of transportation in getting across campus and accessing the Ashland downtown area. We have also seen during this period and increase in the number of bicycle related accidents on campus and increasing conflict between bicyclists and pedestrians on our walkways. While we have attempted to offer some pedestrian and bicycle safety programs, and enforce our campus pedestrian and bicycle regulations, we have not been very effective in changing student behavior. Part of our problem has been an understaffed Security and Safety Department that has not had the resources to make bicycle safety a priority. We would be more than pleased to participate in this project and look forward to working with the Pedestrian and Bicycle Safety Officer in holding education and safety programs for our students on the campus. Again, we applaud the City's initiative in attempting to address this critical need in our community. Sincerely, Steve Flynn Dean of Students STF/ps cc: Ron Bolstad Joey Ngan OFFICE OF STUDENT SERVICES 1250 Slskiyou Boulevard Ashland, Oregan 97520-5009 TEL (503) 5524221 FAX (503) 552~:140 SOUTHERN OREGON STATE COLLEGE ASHLAND. OREGON 97520 May 15, 1991 Pamela Barlow Administrative Assistant Ashland Public Works Ashland, OR 97520 Dear Pam: ~h=s letter is to inform you that Ashland Cable Access fully ports your efforts at obtaining a grant on improving bicycle pedestrian safety tn Ashland. Nearly 80~ of Ashland homes ar~ wired for cable telpvJsJon. The access channel is available to them on the TGI Cablevision system lo- cated on channel 9. One of our goals is to inform the citizens about current issues. Bicycle and pedestrian safety certainly is an area that the access channel can be of great value and assistance to you on this subject. The City of Ashland, as owner of th~ access channel, Js al/nwed cer- tain programming time each week. It is up to city officiat~ tn detprmlne which subjects they wish to place on the channel. Our staff i$ available to assist you in the development of local programming on the bicycle and pedestrian safety issue. Good luck in your efforts to nbtaJn the grant, If Ashland Cable Access can be of further assistance please feel free to contact me. We have enjoyed working with you in the past and we look forward to work- lng with you on more video projects in the future. Cordially, Pete Belcastrn Director - Ashland Cable Access Southern Oregon State Oollege CITY OF ASHLAND CITY HALL ASHt-AN D, OREGON g7520 telephone (code 503) 482-3211 May 15, 1991 Pamela J, Barlow Administrative Assistance Public Works Department City Hall Ashland, OR 97520 Dear Pam: The Ashland Senior Program staff wholeheartedly supports and would cooperate fully in the proposed Pedestrian and Bicycle Safety project. We have previously expressed to Public Works and the Police Department our concern for the safety of our senior citizens walking and crossing streets so we are pleased to offer our support of the draft proposal. It is our feeling this is a worthwhile project and we hopefully await further developments. Sincerely, S~har~irect or Senior Program ASHLAND PUBLIC SCHOOLS Students, Parents, Community, and District Staff working together to ensure each other's success May 17, 1991 Dear Oregon Traffic Safety Commission Grantors, I've studied and discussed the grant proposal submitted to you from the Public Works Department of Ashland. As Director of Education, I appreciate community involvement with our school children. We are committed to the development of knowledge, skills, and attitudes that the grant proposes. Therefore, I recommend your acceptance of this proposal. Thank you. Karbr~Sabers Dalrymple Director of Education KSD:cn SCHOOL DISTRICT No. 5, JACKSON COUN'iW ,, ADMiNiSTRATION BUILDING ,. 885 SISKIYOU BOULEVARD · ASHLAND, OREGON 97520 · (503) 482-2811 ~'t11." AGREEMENTS AND ASSURANCES The following Agreements and Assurances apply to all grants funded by the Traffic Safety Division (1SD), Oregon Department of Transportation: A. General The activity described in this grant is undertaken under the authority of Title 23, United States Code, Sex:lions 402-408, and is subject to the administrative regulations established by OMB Circulars A-21, A-87, A-110, A-122, A-128, 48 CFR Pan 31. and 49 CFR Part 18. Any federal funds committed shall be subject to the continuation of funds made available to TSD by the National Highway Traffic Safety Administration CNHTSA) and the Federal Highway Administration (FHWA) by statute or administrative action. The grantee shall ensure compliance with 49 CFR Part 18.42 which addresses retention and access re- quirements for grant-related records. Thc state, the federal grantor agency and the Comptroller General of the United States, or any of their authorized represen- tatives, shall have the right of access to any boolcs, document~, papers or off)er records of the grantee which are PerUnent to the grant. These records must be retained for a period of direr: years starting on thc date thc grantee submit_s its final request for reim- bursement for this grant. Any obligation of grant funds extends otdy to fflose costs incurred by the gramcc after authoriTation has been given to proceed wiff) thc parlicular parl of thc program involving costs. 5. Grant funds shall not be used for achy)ties previously carried out with thc grantee's own rcsourocs. Income earned through services conducted through die project should be used to offset thc cost of fire project and be included in Scc6on VI, Budget and Cost Summary. The grantee shall ensure that all grant-related ex- pend)tams are included as a part of cad)y-wide audits conducted in accordance with the Single Audit Act of 1984 (31 USC 7561-7). The grantee shall provide TSD a copy of all Single Audit Rcports covering the time period of thc grant award as soon as they become available. Federal funds received arc Catalog of Federal Domestic Assistance (CFDA) number 20.600, State and Community Highway Safety Program. The grantee shall promptly reimburse TSD for any ineligible or unauthorized expenditures as determined by a state or federal review for which grant funds have been claimed and payment received. 9. The grantee and its contractors cannot usc federal funds to influence federal employees, Members of Congress, and Congm.qsional staff regarding specific grants. The grantee and its contractors must submit disclosure 737-1006 (9/91) influence thc decisions of federal officials on behalf of specific projects. Signing this Agreement constitutes a certification of compliance with these lobbying 10, The grantee, its subcontractors, if any, and all enlploycrs working under this agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656-017, which requires them to provide workers' compensation coverage for all their subject workers. 11. The grantee shall make purchases of any equipment" materials, or services pursuant to this Agreement under procedures consistent with those oudined in the Oregon Department of General Services Administrative Rules (Oregon Administrative Rules, Chapter 125: and Oregon State Law, including ORS Chapter 279, and in particular ORS 279.312, ORS 279.314, ORS 279.316, and ORS 279.320. 12. The grantee shall defend, save and hold harmless thc State of Oregon, including thc Oregon Transportation Commission, thc Oregon Traffic Safety Commiuec, the Department of TransFortation, thc Traffic Safety Division, and their members, officers, agenm, and employees from all claims, suit_s, or actions of whatever nature arising out of thc perfonnance of fl)is Agreement, except for claims arising out of the negligent acts or omissions of thc State of Oregon, its employees, or representatives. This provision is subject to thc limitations, it' applicable, sc) forth in Arficlc XI, Section 10 of thc Oregon Constitution and in thc Oregon Tort Claims Act. ()RS 30.2(¢l to 30.300. 11. Project Director's Responsil)ilities Thc Project Director is rcsix)nsiblc tor fultilling dsis Agreement and establishing and nxaintaining prtxrcdures that will ensure the effective administration of thc proj~t objectives. Thc Project Director shall: Establish or use au accounting system that conlonns to generally accepted accounting pnnciplcs, and ensure that source documents arc developed which will reliably account for thc funds expended. Maintain copies of job descriptions and resumes of persons hired for all project-related positions which arc funded at 0.25 FYE or morc. Maintain records showing actual hours ufili7x:d in project-related activity by all grant-funded personnel and by all other staff personnel or volunteers whose time is used as in-kind match. Complete a Quarterly Highway Safety Project Report, including a Data Table as provided in Secdon VII. Exhibit A. Each report must be signed by the Project Director and submiued to TSD by the tenth of the month following the close of each calendar quarter for tim duration of the grant period. Page 1 Submit a Claim for Reimbursement within 35 days of the end of the calendar quarter in which expenses were incurred, using thc form provided by TSD. Copies of invoices and/or receipts for all specified items (Contractual Services, Travel and Subsistence, Printing, and Equipment) must be submitted to TSD with the Claim for Reimbursement. Claims may be submitted monthly, and must be submitted at least quarterly. Claims must be signed by the Project Director, duplicated signatures will not be accepted. Propare a project evaluation in accordance with the Evaluation Plan described in the grant document. Thc report will be no more than ten pages and will include the following elements: a. A summary of the project including problems ad- dressed, objectives, major activities, and accom- plishments as they relate to the objectives. b. A sum/nary of the costs of the project including amount paid by TSD, funded agency, other agencies, and private soumes. The amount of volunteer time should be identified. c. Discussion of implementation process so that other agencies implementing similar projects can learn from your experiences. What went as planned? What didn't work as cxpected? What important elements made the project successful or not as successful as expected? d. Responses to Evaluation Questions. List each question and answer. Refer to Data Table. c. Completed Data Table. A draft must be submitted to TSD for review by thc last day of the grant period. A final report incorporating TSD staff comments must be submitted within one month after thc TSD review is completed. C. Project Revision Any proposed changes in the project objectives, key project personnel, time period, or budget must bc rcqucsted in writing, and rcceivc the approval of TSD. A Grant Adjustment Form will DC signed by both TSD and thc grantee. Any time extonsion in the project period must Dc requested at lcast six weeks prior to the end of the project period and approved by the federal grantor agency if federal funds am involved. D. Non-Discrimination Assurance 1. Thc grantee and its contractors will comply with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended, and as implemented by 49 CFR paris 21 and 27, and with the Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and supplemented by Department of Labor regulations 41 CFR Part 60, and shall ensure that no person shall on the grounds of race, color, creed, sex or national origin Dc excluded from participation, be denied file benefits of, or be otherwise subjected to discrimination under any program or activity under this project. 737-1006 (9/91) Tile grantee and its contractors shall ensure that em- ployment and procurement of goods and services made in connection with the project will be provided without regard to race, color, creed, sex or national origin. 'lite grantee and its contractors shall take all necessary affirmative steps in accordance with 49 CFR Part 23 to ensure that minority business entcxprises and/or business enterprises owned and controlled by women have the maximum opportunity to compete for and to perform contracts. The grantee and its contractors shall ensure that no otherwise qualified handicapped person shall, solely by reason of his/hes handicap, be excluded from participation in, be denied the benefits of, or otherwise bo subjected to discrimination under any program or activity related to this grant. The grantec slmll ensure that any contracts ami subcon- tracts awarded in excess of $10,000 shall contain a provision requiring compliance with the standards set in paragraphs I through 4 of this section. E. Contracts and Other Service Agreements Any contracts or other scrvicc agreements flint are entered into by tile grantee as part of this project shall be reviewed as~d approved by TSD to determine whether thc work to be accomplished is consistent with the objectives of the project, and whethcr the provisions of paragraphs 2 tl~rough 4 of this section are colzsidc ~n~4- All contracts awarded by thc grantee strall include thc provision that any subcontracts include all provisions stated in this section or the provision that no suDcon tracts slmll be awarded. The grantee shall ensure dxat each contractor adhere to applicable requirements established for the grant and diat each contract include provisions for the following: a. Administrative, contractual, or legal remedies in instances whoro contractors violate or breach con- tract terms, and provide for such sanctions and penalties as may be appropriate. b. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (PL 94 - 163). c. Access by the grantee, thc state, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for thc purpose of making audit, examination, excerpts, and transcriphons. Grantees shall require contractors to maintain all required records for flu-ce years after grantecs make final payments and all other pending matters arc closed. Notice of grantor agency requirements and regu- lations pertaining to reporting, requirements and Page 2 regulations pertaining to patent fights with respect to any discovery or invention which arises or is developed in thc course of or under such contract, and requirements and regulations pertaining to copyrights and rights in data. Requirements given in Section A. 9-12. Where applicable, contracts shall include the following provisions. a. Termination for causc and for convenience by the grantee including thc manner by which it will be effected and thc basis for the settlement. (Contracts in excess of $10,000) Compliance with Executive Ckdex 11246 of September 24, 1965 entitled "Equal Employment Opportunity,~ as amended by Executive Order 11375 of October 13, 1967 and supplemented in Dept. of Labor regulations (41 CFR Part 60). (Contracts in excess of $10,000) c. Compliance with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented in Dept. of Labor regulations (29 CFR Part 3). (Construction or repair contracts) Compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Dept. of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2,000) e. Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Dept. of Labor regulations (29 CFR Part S). (Contracts in excess of $2,500) f. Compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Contracts in excess of $100,000) g. Bidders, proposers, and applicants must certify that neither they nor their principals is presently debarred, suspended, pmpesed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal agency or department. (Contracts in excess of S25,000) F. Travel The grantee shall keep a record of all significant travel. In-state Dips outside the grantee's jurisdiction should be summarized on Quarterly Highway Safety Project Reporu. Reimbursement will only be authorized for those travel expcnditoms specified in the grant budget. All out-of-state travel must be approved by TSD. To receive authorization, the grantee shall submit a letter detailing the need, cost, and dates of travel at least two weeks prior to the planned departure date. Reports on out-of-state trips shall be submitted to TSD within two weeks of return. 3. Reimbursement will only be authorized for travel of persons employed by the grantee in project-related activities unless prior written approval is granted by TSD. 737-1006 (9/91) G. Development of Printed or Production Materials The grantee shall provide TSD with draft copies of all materials developed using grant funds. TSD may suggest revisions and will approve production. All brochures; course, workshop and conference an- nouncements; and other materials that are developed and/or printed using grant funds shall include a state- ment crediting TSD and federal participation. Materials produced through this p~ject shall be provided to TSD for its use and distribution and may not be sold for profit by either the grantee or another party. H. Equipment Purchased with Grant Funds A Residual Value Agreement shall be completed and submitted to TSD if grant funds are used in whole or in part to acquire any material or equipment costing over $250. A copy of the original vendor's invoice indicating quantity, description, manufacturer's identification number and cost of each item should be attached to the signed agreement. All equipment should be identified with a property identification number. All material and equipment purchased shall be produced in the United States in accordance with Section 165 of the Surface Transportation Assistance Act of 1982 (Pub. L. 97-424; 96 Stat. 2097) unless the Secretary of Transportation has demmfined under Section 165 that it is appropriate to waive this agreement_ Material and equipment shall be used in the program or activity for which it was acquired as long as needed, whether or not the project continues to be supported by grant funds. Ownership of equipment acquired with grant funds shall be vested with the grantee. Costs incurred for maintenance, repairs, updating, or support of such equipment shall be borne by the grantee. If any material or equipment ceases to be used in project activities, the grantee agrees to promptly notify TSD. In such event. TSD may direct the grantee to transfer, return or otherwise dispose of thc equipment. i. Debarment The grantee, in accepting this Agreement, certifies that the agency or its officials are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any state or federal agency or department_ J. Termination The TSD may terminate this Agreement for convenience in whole or in part whenever: a. The mquisito state and/or federal funding becomes unavailable through failure of appropriation or otherwise; or, Page 3 b. The requisite local funding to continue this project becomes unavailable to grantee; or, c. Both parties agree that continuation of the project would not produce results commensurate with the further expenditure of funds. The TSD may, by written notice to grantee, terminate this Agreement for any of the following reasons: a. The grantee takes any action pertaining to this Agreement without the approval of TSD and which under the provisions of this agreement would have required the approval of TSD; or, b. Thc commencement, prosecution, or timely completion of the project by grantee is, for any reason, rendered improbable, impossible, or illegal; or, c. The grantee is in default under any provision of this Agreement K. Conditions of Project Approval Actions taken by the Oregon Traffic Safety Committee, if any, regarding conditions under which this project is approved are given in Section VII, Exhibit D. The grantee agrees to follow these conditions in implementing the projecC L. Contract Provisions and Signatures It is understood and agreed that the grantee shall comply with all federal, state, and local laws, regulations, or ordinances applicable to this agreement and that this Agreement is contingent upon grantee complying with such rcquiremenks. This Agreement shall be executed by those officials authorized to execute this Agreement on the grantee's behalf. In the event grantee's governing body delegates signature of the Agreement, grantee shall attach to this Agreement a copy of the motion or resolution which authorizes said officials to execute this Agreement, and shall also certify its authenticity. Title ,, /;'/~,; / Date TO BE COMPLETED BY TSD Project #: DE-92-20-06 Title: Ashland Model Pedestrian/Bicycle Safety Proc. Committee approval date: Total project cost: TSD grant funds: All matching funds: Match source(s): 9/10/91 $55,000 $40.000 $15.000 Ashland Police Dem. Administrator, T~affi{ S-a~rl~ivision Oregon Deparnncnt of Transportation 737-1006 (9/91) Page 4