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Home My WebLink About2009-013 Mini Grant Agrmt - ACTS t~ OREGON Alliance for Community Traffic Safety BUILDING SAFER COMMUNITIES MINI-GRANT AGREEMENT THIS AGREEMENT is made and entered into by and between Alliance for Community Traffic Safety, hereafter referred to as ACTS OREGON. City of Ashland Public Works Department hereafter referred to as Agency. RECITALS 1. ACTS Oregon, an Oregon non-profit corporation has received funds from the Oregon Department of Transportation, Transportation Safety Division (TSD) for distribution to Oregon local governments and Oregon non-profit 501c3 corporations for use in promoting transportation safety. Funds granted to local organizations by ACTS Oregon from these TSD sourced funds are subject to restrictions and conditions as if they had originated from TSD. 2. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. The spirit of cooperation and coordination detailed in these statutes represent the intention of TSD in providing funds to ACTS Oregon for distribution. 3. Under the authority and direction granted through in ORS 802.300 through ORS 802.340, TSD has provided funds for distribution to ACTS Oregon. 4. ACTS OREGON and agency agree that the principal purpose of this agreement is to develop and carry out the Building Safer Communities mini-grant as described in Statement of Work. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, ACTS OREGON wishes to retain the services of Agency to perform the work as outlined on Exhibit "A," attached hereto and by this reference made a part hereof. Payment for said services shall not exceed a maximum amount of $5000.00 in federal funds. 2. The work is to begin upon execution of the agreement by all parties and be completed no later than September 30th, 2009. AGENCY OBLIGATIONS 1. Agency shall perform the work described on Exhibit A. 8059 SW Cirrus Dr. I Beaverton, Oregon 970081 503-643-5620 fax: 503-643-5680 I www.actsoregon.org 2. Agency shall submit reports and billings to ACTS OREGON arriving at ACTS OREGON no later than June 30th and September 30th, 2009. These bills must reflect 100% of the actual costs and work accomplished during the billing period. Claims that arrive late for the first billing period may be held until September 2009. We may not be able to reimburse claims if not received by September 30, 2009 deadline. 3. Agency shall not enter into any subcontract for any of the work scheduled under this agreement without obtaining prior written approval from ACTS OREGON. 4. Agency agrees to comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279B.020, 279B.220, 279B.225, 279B.230, and 279B.235, WHICH HEREBY ARE INCORPORATED BY REFERENCE. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section Vof the Rehabilitation Act of 1973; (iii) the American with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. Agency shall perform the service under this agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this agreement, including but not limited to PERS contributions, workers compensation, unemployment taxes and state and federal income tax withholdings. ACTS OREGON OBLIGATIONS 1. In consideration for the services performed, ACTS OREGON agrees to pay Agency a maximum amount of $5000.00. ACTS OREGON shall reimburse claims by Agency within 30 days if received by ACTS OREGON on or before the 5th of the month. Late claims may have to wait until the next billing period. 2. ACTS OREGON certifies, at the time this agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this agreement based on ODOT's current appropriation or limitation of current biennial budget. PROJECT MANAGERS: Authorizing Official: Martha J. Bennett, City Administrator Contact Person: Nancy Slocum, Accounting Clerk 1 GENERAL PROVISIONS 1. Agency, its subcontractors, if any, and all employers 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. 2. This agreement may be terminated by mutual written consent of both parties upon 30 days notice. 2 AGENCY ADDRESS & TELEPHONE City of Ashland Public Works Department 20 E. Main St. Ashland, OR 97520 541.488.4487 Exhibit A Statement of Work Agency Obligations: The following assignments will be performed during effective agreement dates. 1. Hire graphic designer to develop pedestrian safety campaign identity, based on NHTSA and/or Transportation Safety Division media. 2. Purchase supplies to include pens, stickers, flashlights, and blinking lights with campaign identity on them. 3. Host a minimum of two outreach presentations during events such as student orientation, residential hall meetings, and on-campus health fair. 4. Submit data on how many events held and attendance at events. 5. Communicate at least quarterly and schedule site visit with grant manager at ACTS Oregon. 6. Submit requests for reimbursement and final evaluation report by September 30,2009 Exhibit B Budget Mini-Grant Funds Local Matching Funds er $1950.00 $5000.00 V olunteers** In-kind Staff E ui ment Su lies Other Total $500.00 $800.00 $3050.00 $1300.00 *Must be new or overtime ** Value volunteer hours at $25.00 (based on the state standard). If your agency or organization uses a different value, please indicate the value. 4 ACTS OREGON may terminate this agreement effective upon delivery of written notice to Agency, or at such later date as may be established by ACTS OREGON, under any of the following conditions, but not limited to these conditions. a. If Agency fails to provide services called for by this agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from ACTS OREGON fails to correct such failures within 10 days or such longer period as ACTS OREGON may authorize. Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. c. If ACTS OREGON fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement. 3. Agency acknowledges and agrees that ACTS OREGON, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by ACTS OREGON. 4. It is understood and agreed that the activity covered in this agreement is undertaken under the authority of Section 402, Title 23, United States Code, and is subject to the administrative regulations established by Federal guidelines including Circulars A-87 and A-I02 and are hereby attached as Agreement and Assurances and incorporated by reference with the same force and effect as if they were given in full text. 5. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ACTS OREGON to enforce any provision of this agreement shall not constitute a waiver by ACTS OREGON of that or any other provision. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. AGENCY . ~ PrintName: ttl1l-J~~iiZTSignature: ~ #- ALlIANCE OR COMMUNITY TRAFFIC SAFETY - Ruth Harshfield, Executive Director Signature:~ ~ Date:~~ Date:d';;75,(}1j 3