Res 1866 - ODOT Grant Agr No 24413
COUNCil Bill NO. 2681
RESOLUTION NO. 1866
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24413 WITH THE STATE
OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, the City of Woodburn applied for public transportation preventative
maintenance assistance funds under the Special Transportation Grant Program
administered by the State of Oregon, Department of Transportation, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to coordinate grant applications, select recipients of assistance and to
administer the disbursement of Special Transportation Grant Program funding, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$10,768 in preventative maintenance assistance funds for the City of Woodburn to be used
in support of public transportation, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into Grant Agreement No. 24413,
which is affixed as Attachment "A" and by this reference incorporated herein, with the State
of Oregon acting by and through its Department of Transportation to secure federal funds
for the purpose of public transportation preventative maintenance assistance.
Section 2. That the City Administrator of the City of Woodburn is authorized to sign
said agreement on behalf of the City.
Page 1-
COUNCIL BILL NO. 2681
RESOLUTION NO. 1866
,/r-
I ) ) v~. /' ) . /=)
City Attorney
~lf) Z:C:f
Approved as to form:
\
'"
APPROVED:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
August 13, 2007
August 15, 2007
August 15, 2007
August 15, 2007
ATTEST:
Page 2-
COUNCIL BILL NO. 2681
RESOLUTION NO. 1866
Misc. Contracts and Agreements
Agreement N 0.24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
STATE GRANT AGREEMENT NO, 24413
THIS AGREE:\IE:\IT is made and entered into by and between THE STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State"; and
City of \Voodburn, hereinafter referred to as "Recipient." Recipient enters into this Agreement
with State to secure financial assistance to complete the activities described in Exhibit A,
hereinafter referred to as the "Project," attached hereto and by this reference made a part hereof.
RECIT ALS
1. By the authority granted in Oregon Revised Statutes (ORS) 190.11 0 and 283.110, state
agencies may enter into agreements with units oflocal 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 State of Oregon acting through the
Oregon Transportation Commission is authorized to enter into agreements and disburse funds
for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733.
')
This Agreement is based upon, and is subject to, ORS, Oregon Administrative Rules (OAR),
and Federal Transit Administration (FT A) reb'1llations such as those contained in ORS
323.455, ORS 391.800 through 391.830 and FTA Circular 9040.1F including all associated
references and citations, From time to time these laws, rules and regulations may be
amended; and State reserves the right to amend this Agreement if it is affected. State will
provide thirty days notice of impending changes and will prepare a supplemental agreement
incorporating the changes to be executed by the parties.
~ow THEREFORE, the premises being in general as stated in the foregoing recitals, it is
agreed by and bct\.veen the parties hereto as follows:
TERMS OF AGREEMENT
1. btimatcd total Project cost is $13,460.00, ~1aximum allowable reimbursement shall be
either 80% \ll' allowable costs (lr $IO,768.0(), whichever is less.
')
This Agreell1cnt "hall hegin (In .July 1,2007 and shall expire, unless otlll:rwise tenninated, on
June 30, 200t).
3. [t is 11lutually agreed anJ understood hy Stat\: and Recipient that Recipient 11lUY cnt~r into an
~lgreemcnt with une or mure additional entities (subreeipients) to complete the Project.
,\. It' :-.ubrecipients are tu be u:-.ed. Recipient agree:-. to du su unly through a signed written
agreement ("uhagreement), Suhagreements shall inc(lrporatc and pass thwugh all uf the
requirem~:nh (If this Agreement tu any subrecipient. l :se of a suhagreement docs not
Page I lll' 17
Misc, Contracts and Agreemt:nts
Agreement No,24413
Rural and Small Urban Areas (5311) Vehicle Prevcntive Maintenancc
rdicve the Recipient of its responsibilities to carry out the tenns and conditions of this
Agrcement.
b, Recipient also agrces to provide Statc with a copy of any signcd subagrecment within 30
days of execution. Any substantial breach of a term or condition of a sub agreement by a
subrceipient relating to funds covcred by this Agrccment must be reported by Recipient
to State within 10 days of its being discovcred.
c, The use of sub agreements shall not apply to procurements of goods and services supplied
by subcontractors, Recipients and subrecipients shall follow procedures described in
Section I, Recipient Obligations, paragraph A (2) of this Agreement for procurement
contracts used to buy goods and services from subcontractors.
4, The following documents, Agreement Obligations and General Provisions, Exhibit A:
Project Description and Budget, Exhibit B: Financial Information, Exhibit C:
Discretionary Grant Reimbursement Invoice and Attachment 1 of Exhibit C -
Reimbursement Request Form, are attached hereto and by this reference made a part of
this Agreement. The following document is incorporated by reference: Fiscal Year 2007
Annual List of Certifications and Assurances for FT A Grants and Cooperative
Agreements and Federally Required and Other Model Contract Clauses. These
ccrtifications and assurances are used in connection with all Federal assistance programs
cldministered by FT A during Federal Fiscal Year 2007. These certifications and assurances
1l1c\ude all annual certifications required by 49 U.S,c. S 5311 Rural and Small Urban Areas.
SIGNATURE PAGE TO FOLL.OW
Page.2 ll1' 17
Misc, Contracts and Agreements
Agreement No,24413
Rural and Small Urban An:as (5311) Vehicle Preventive Maintenance
I~ WITNESS WHEREOF, the parties ha\'e set their hands as of the day and year hereinafter
\\Titten,
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No, 2,
which authorizes the Director to approve and execute agreements for day-to-day operations whcn
the work is related to a Projed included in the Statewide Transportation Improvement Program
llr a line item in the biennial budget approved by the Commission.
On March 18, 2()()4 the Director approvcd Subdelegation Order No. 14, which delegates thc
authority to conduct the following day-to-day operations to the Public Transit Division
Administrator:
Execute Oregon Transportatiun Commission intergovernmental agreements and
grants for special payments to local governments and other non-pro/it units and
operators o..(public transportation services for disbursement of state and federal fimds
for public transit programs, The Division Manager will maintain a listing of all
intergovernmental agreements and grants and submit a quarterly report to the GTe.
City of Woodburn
270 Montgomery Street
\V oodburn, Oregon 97071
Oregon Department of Transportation
Public Transit Division
555 13lh Street NE, Suite 3
Salem, Oregon 97301-4179
Signature (Legally designated representative)
Michael R. Ward
cL9hJL ....1? rg~n
:\ame (Printed or typed)
.. ~i t Y~~I1l.hr1_~_s tr.?:1: ?E__ _
Iitle
Administrator
Date
Title
Date
Recipient's Legal Counsel
( [f required in lucal pruce~s unly)
\lame (printed ur typed)
rltle
Date
[)age 3 of 17
Misc. Contracts and Agrecments
Agrccment No,24413
Rural and Small Urban Arcas (5311) Vehicle Prcvcntive Maintcnancc
,\1!reement Obli1!ations and General Provisions
I. RECIPIENT OBLIGATIONS
A, General Requirements
I. Recipicnt shall conduct activities in accordance with Exhibit A, Projcct Description
and Budget. Recipient shall notify Statc in writing of changes in the Project prior to
perfonning any changes and will not perform any changes to the Project listed in
Exhibit A without specific written approval from State.
1 Recipicnt shall make purchases of any equipment, materials, or services pursuant to
this Agreemcnt under procedures consistent with OAR Chapter 125 for the Oregon
Department of Administrative Services and ORS and in conformance to FT A Circular
4220.1 E, Third Party Contracting Requirements, ensuring that:
a, all applicable clauses required by Federal Statute, executive orders and their
implementing regulations are included in each competitive procurement;
b, all procurement transactions are conducted in a manner providing full and open
competition:
c. procurements exclude the use of statutorily or administratively imposed in-state or
geographic preference in the evaluation of bids or proposals (with exception of
locally controlled licensing requirements), and;
d, ,m:hikctural and engineering procurements are based on Brooks Ad procedures
unless the State 0 f Oregon has adopted a statute that governs such procurements,
Rccipient is responsihle for submission of any draft suhagreements and contracts
associated with this Agreement to State for review and approval. Best Practices
!'nnllI'L'IIICIl[ Me/flllet!. a technical assistancc prcpared hy the FT A, is available on the
FTA \\eb~ite: ~v~w,na.Lh)t.gov
.1, RecipIent agrccs to comply with all federal, state and local laws. regulations,
cxccutivL' <.lrdcr:; and ordinances applicahlc to the work under this Agreemt:nt.
includlllg. \\ itlwut limitation, the provisions ot' ORS 2798,220, 2798,225, 2798,230,
2""ljR,2j:' and 2;()8,27(), \\hich hcreby arc incorporated hy refercncc. Without
limiting the gt:nt:rality ot the foregoing. Recipient expressly agrees to comply with (i)
ritk \'] \)fCi\i! Rights Act of I 96..L (ii) Title V and Section 504 of the Rehahilitation
,\ct 01' )l)73: llii) the Americans \vith Disabilities Ad of IlJ90 and ORS 659;\.142;
(i\) ~tll rcgulatinns and administrati\'e rules established pursuant to the t<xegoing
Lt\\~: ~l11d (\) all lither applicahk requirements lIf federal and state civil rights and
rcl1ahdlLtlilln :,tatuk-.;. ruks and rL'gulatiol1s.
Page4ofl7
Misc. Contracts and Agreements
Agreement No,24413
Rural and Small Lrban Areas (5311 ) Vehicle Preventivc Maintenancc
4, Recipient shall maintain all required records for at least three years after State's tinal
payment.
5, To receive reimbursemcnt as dcscribed in Section II of this Agreement, Recipient
shall submit quarterly progress reports, Reports shall include a detailed statement of
revenues and expenditures for each quarter, including documentation of local match
contributions, State rcscrves the right to request such additional information as may
be necessary to comply with feckral or statc reporting requirements,
The reporting periods are based on the state tiscal year. Quarter 1 is July through
September. Quarter 2 is October through December. Quarter 3 is January through
March, Quarter 4 is April through June. Reports are due to State, Public Transit
Division, 555 13th St. NE Suite 3, Salem OR 97301 no later than 45 days after the last
day of the quarter.
6. Recipient shall defend, save and hold harmless the State of Oregon, including the
Oregon Transportation Commission, State, and their members, officers, agents, and
employees from all claims, suits, actions of whatsoever nature resulting from or
arising out of the activities of Recipient or its subcontractors, agents or employees
under this Agreement. Recipient shall not be required to indemnify State for any such
liability ;}rising out of negligent acts or omissions of the State of Oregon, its
employees, or representatives, This provision is subject to the limitations, if
applicable, set forth in Article Xl, Section 10 of the Oregon Constitution and in the
Oregon Tort Claims Act, ORS 30.260 to 30.300.
7. Notwithstanding the t'oregoing defense obligations under the paragraph above, neither
Recipient nor any attomcy engaged by Recipient shall defend any claim in the name
of the State of Oregon or any agency of the State of Oregon, nor purpOlt to act as
legal representative of the State of Oregon or any uf its agencies, without the prior
written consent of the Oregon Attomey General. The State of Oregon may, at anytime
at its election assume its own dcfense and settlement in the event that it determines
that Recipient is prohibited frum defending the State of Oregon, or that Recipient is
not adequately detCnding the Statc of Orcgon's interests, or that an important
gmcmment principle is at i~SLle or that it is in the best interests of the State of Oregon
tu do so, The State uf Oregon rest:rves all rights to pursue any claims it may have
~lg;linst Rt:cipient ifthL' Statt: ()fOrt:gon ekcts to assume its own ddense,
~ Rccipicnt shall pert\mll thc sCr\ ices under this ..\grccmcnt as an independent
contractur and shall bc exdusl\ cly responsible t<.lr all costs and expenses rdated to its
L'1l1 P I o)ment 0 find i \ iduals to (kTtl.1r1l1 the \\ork under this Agreement, ind uding but
l10t limited to rctirel11L'nt cOl1trihutiol1s, \\orkers' compensation, unemployment taxes,
and stat\: and kdt:ral il1c\lmt: tax withholdings.
l), ,\ll I.:l11plo:crs. Il1cluding Reclpit:I1t, that empl\l)' subject \\orkers who ul1lkr this
.\greement in the State ot' Oreg\ln shall comply \\ith ORS 65h,Ol7 and pw\ide the
requirL'd Workers' (\lll1!1l'nsati\ln c\)\t:rage unless such employers are exempt undl.:r
Page 5 () f 17
M isc, Contracts and AbTfeements
Agrccment No,24413
Rural and Small Urban Areas (5311) Vehicle Prcventive Maintenance
ORS 656,126, Recipient shall ensure that each of its subcontractors complies with
these rcquircments.
10, Recipient acknowledges and agrees that the Federal Government, absent express
written consent by the Federal Government, is not a party to this Agreement and shall
not be subject to any obligations or liabilities to the Recipient, contractor or any other
party (whether or not a party to the Agreement) pertaining to any matter resulting
from the underlying Agreement.
II, Recipient" s officers, employees, or agents shall neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors, or
parties to subagreements. No member or delcgate to the Congress of the United States
or State of Orcgon employec shall be admitted to any share or part of this Agreement
of any benetit arising therefrom.
12. In accepting this Agreement, Rccipient certifies that neither Recipient nor its
principals is presently debarred, suspended, or voluntarily excluded from this
federally-assisted transaction, or proposed for debarment, declared ineligible or
voluntarily excluded from participating in the Agreement by any state or federal
agency. Recipient must provide notice to State if at any time it learns that this
certification is erroneous when submitted or if circumstances have changed (new
personnel, indictments, convictions).
13, Recipient shall permit State, the Secretary of State, the Comptroller General of the
United States, the US Department of Transportation, or their authorized
representative, upon reasonable notice, to inspect all vehicles, real property, facilities,
equipment purcha:::.ed by the Recipient as part of the project, and/or transportation
services rendered by Recipient, subrecipient and/or any subcontractor acting on
behalf of the Recipient. Recipient shall permit the above named persons to audit the
bouks, records, and accounts of Recipient relating to the project.
14, RecipIent may request that State purchase equipment on Recipient's behalf, and State
may ::,u purchase if mutually agrced to. Recipicnt shall complete all purchases of
property or cquipmcnt prior to the expiration date of this Agreement. If local
cin:ull1stances pren:nt the purchasc by thc speci tied (LIte, at least 45 days prior to the
expirati()n uf the Agreement, the Recipient will notify State in writing of the delay
~llld prU\ ide a reason for the delay, Contract amendment for timc \vill be considcred
1I1 extenuating circulllstances,
15, Recipient shall bear the cost (If insuring vehicles purchased under this Agreement
hased on a risk assessment. Rccipient shall maintain, in amounts and form
satisbctory to State, such insurance ur self-insurance as will be adequate to protect
Recipient. \ chicle dri\ ers ~lI1d assistants, vehicle occupants, and protect equipment
through the peri\ld of use, .\t d minimum, this shall includc comprchensin: and
collisl\1l1 insurancc ~ldequatc to repair or rcplace propcrty and cquipmcnt if damaged
ur dc~tr\l~ed. l1clbilit~ insurance of S5(),{)()() t~)r pnlperty damagc. S200,O()() for budily
Page 6 of 1"7
Misc. Contracts and Agreements
Agreement No.24413
Rural ami Smalllirban Areas (5311) Vehicle Prcventive Maintenance
injury per person, SS()O,()()O bodily injury per occasion, uninsurcd motorist protection,
and personal injury protection as requircd by ORS Chapter 806. Recipient shall be
responsible for all deductibles or self-insured retention. Recipient shall include the
Oregon Departmcnt of Transportation, Public Transit Division as "Additional
Insured."
16. Recipicnt shall submit an annual vehicle inspection rcport to State. Vehicle
inspections shall be conducted by a vehicle maintenance technician certified by a
nationally recognized organization in the field of vehicle service and maintenancc.
Reports shall be submitted on forms covering required areas of inspection provided
by State.
17. Any recipient of grant funds, pursuant to this Agreement with State, shall assume sole
liability for that Recipient's breach of the conditions of this Agreement, and shall,
upon Recipient's breach of conditions that requires State to return funds to the FT A,
hold harmless and indemnify State for an amount equal to the funds received under
this Agreement; or if legal limitations apply to the indemnification ability of the
recipient of grant funds, the indemnification amount shall be the maximum amount of
funds available for expenditure, including any available contingency funds or other
available non-appropriated funds, up to the amount received under this Agreement.
B, Audit Requirements
I, Recipients receiving Federal funds in excess of $500,000 are subject to audit
conducted in accordance with Office of Management and Budget (OMB) Circular A-
133, Audits of States, Local Governments, And Non-profit Institutions. Recipient, if
affected by this rcquirement shall at Recipient's own expense, submit to State, Public
Transit Division, 555 131h St. NE, Suite 3, Salem, OR 97301-4179, a copy of its A-
133 annual audit covering the funds expended under this Agreement and shall submit
or causc to be submitted, the annual audit of any subcontractor of Recipient
resronsihle for the financial management of funds received under this Agreement
,
Recipients receiving less than $500,000 in Federal funds shall, at Recipient's own
cxpense, submit to State, Public Transit Division. 555 13th St. NE, Suite 3, Salem, OR
'IT)() \-41 7t), a copy of any annual audit covering the funds expended under this
,\greement hy Recipient l1f any subcontractor of Recipient receiving funds as a result
,If thIS ,\greemenC and a copy of the management lettLr and any report that
clCClllllpanies the annual audit CllVl'fing the funds expended under this Agreement,
,
,
Recipient shall sa\ e. protect and hold harmless StatL from the cost of any ~lLldits ur
"pccial imestigations perti.1l-n1ed hy the Oregon Secretary of State's AudIts Di\ision
in respunse to allegations \\ ith respect to the funds expended under this Agreement.
Recipient's liahility t<Jr ~1l1) cpsh incurred under this pro\'ision is nut limited to the
~rant all1llUllt dctined hy the TlTms ()f Agreement. and is binding whether ur nut the
,dkg~lti')i1s are ,suhsLll1tiated, It i" al"u mutually agreed and understolld that any audit
Page --: uf 17
Misc. ('ontracts and Agrccments
Agreement No,24413
Rural and Small Urban Areas (5311) Vchicle Preventive Maintenance
costs incurred as a result of allegations of fraud, waste or abuse are ineligible for
reimbursement undcr this or any other agreement between Recipicnt and State.
C, Other Federal Requirements
One of the principles of contracting with Federal funds received indirectly from the FT A
is recognition that, as a condition of receiving the funds, certain specific requirements
must be met not only by the Rccipient, but also by any subrecipients and contractors. To
the extent applicable, Fedcral rcquirements extend to the third party contractors and their
contracts at every ticr and subrecipients and their subagreements at every tier. The
specific requirements for particular grant funds an: found in the Master Agreement that is
signed and attested to by State. This Master Agreement is incorporated by reference and
made part of this Agreement. Said Master Agreement is available upon request from
State by calling (503) 9~6-3300 or accessing the FT A website: www,fta,dot.gov
The following is not a complete list of Federal requirements. Rather it is a summary of
various primary requirements associated with the type of transaction covered by this
Agreement and the type of funds described in Exhibit A.
I. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252, 42
U.S,C. ~ 2000d) and the regulations of the United States Department of
Transportation (49 CFR 21, Subtitle A). Recipient shall exclude no person in the
grounds of race, religion, color, sex, age, national origin, or disability from the
benefits of aid received under this Agreement. Recipient will report to State on at
least an annual basis the following infonnation: any active lawsuits or complaints,
indudll1g dates, summary of allegation, status of lawsuit or complaint including
whdhcr the parties entered into a consent decree.
}
Recipient shall comply with FTA regulations in Title 49 CFR 27, Nondiscrimination
on thc Hasis or Disabilitv in Programs or Activities Receiving Federal Financial
,/SSiShlf/('C which implements the Rehabilitation Act of 1973, as amended, the
,\mencans with Disahilities Act of 1990, 49 CFR 37, and 49 CFR 38,
Reciplcl1t :-.hall comply with the following service provisions, as appropriate:
a, \laintcnance ot' acce-.sihk features
h, P['[)ccdurcs tu ensure lift availahilitv
c, Lit't ~ll1d s(\,:un:mcnt usc
d. :\l1l1ouncements un \ chicles of stops on fixed-route systems
c, \',:lllCIc Ilknti ticatiul1 S\ stem
t, Scn icL' ~ll1imals
Pagc ~ of 17
Misc. Contracts and Agreements
Agrccment No.24413
Rural and Small Urban Arcas (5311) Vehicle Prcvcntive Maintenance
g, [I se of accessibility features
h, Public infonnation I communication
I. Litt deployment at any designated stop
J. Servict: to persons \.Ising respirators or portable oxygcn
k, Adequate time for boarding ideboarding
1. Training
3, Recipient has, or will have, the necessary legal, financial, and managerial capability
to apply for, receive, and disburse Federal assistance authorized for 49 U.S.C. ~ 5311;
and to implement and manage the Project.
4, Recipient will correct any condition which State or FT A believes "creates a serious
hazard of death or injury" in accordance with Section 22 of the Federal Transit Act as
amended.
5. Recipit:nt will comply with the applicable proVISIOns of 49 CFR 26 related to
Disadvantaged Business Enterprises and report quarterly to State. Each contract
Recipient signs with the contractor (and each subcontract the prime contractor signs
with a subcontractor) must include the following assurance:
The contractor, slIbrecipient or subcontractor shall not discriminate on
the hasis 0/ race, color, lItltional origin, or sex in the peljormance of this
lontract, The contractor shall carry out applicable requirements of 49
( 'FR part 26 in the Llvvurd and administration of State -assisted contracts.
Failure hv the contractor to carry out these requirements is a material
hreach of this contract, which may result in the termination of this
(untract or such other r"f7lcdv. dS the Recipient deems uppropriate,
(', RecipIent has certified tn State that it will comply with 49 CFR ()04 in the provision
nf any charter service prO\ ided WIth equipment of t~lcilities acquirt:d with FT A
assistance,
Recipient and cllntracturs recelvll1g in excess l)f S !O(),()OO in Federal funds must
certity W State that they have not and \\ ill not usc Federal funds to pay ti.)r
innuCl1cing or attempting to innw:nee an llfticer or employee of any Ft:deral
department or agency, a member of Congress, l)r an employee of a member of
('(Ingress in connection with obtaining any Federal grant, cooperative agreement or
,my llther Federal emard, If non-fedcral funds ha\c heen used to support lobbying
,lcti\ iti~s in c~)nnt:cti(\n \\ Ith the Project Recipicnt shall complete Standard Form
[ l L I lisc!oslIrc Forlll to f({'f)u/'! rohhvillg and suhmit the ti.mn to State at the end uf
'-'ad1 -:,lknddr quarter in \\ lllch there llccurs an c\ent that reLjuires disdusure,
Page l) ~lf 17
Misc. Contracts and Agreements
Agreement No,24413
Rural and Small Urban Areas (5311) Vehicle Preventive Maintenance
Restrictions on lobbying do not apply to innuencing policy decisions, Examples of
prohibited activities include seeking support for a particular application or bid and
seeking a congressional earmark,
X. Recipients, subrecipients and their contractors with safety sensItive employees
(except maintenance contractors) shall comply with the drug and alcohol testing
regulations as ddined by Prl'vention olAlcohol l'Hisuse and Prohibited Drug Use in
Transit Operations (49 CFR (55); and Procedures of Transportation Workplace
{)rug und Alcohol Te.sting Programs (49 CFR 40). Recipient agrees to comply with,
and ensures the compliance of its employees, subrecipients, and contractors with
information rcstrictions and othcr applicable requirements of the Privacy Act of 1974,
5 U.S,C. * 552.
II. ST ATE OBLIGATIONS
A, State shall reimburse eligible costs incurred m carrying out the Project subject to the
amounts shown in the Terms of Agreement.
8, State certifies, at the time this Agreement is cxecuted, that sufficient funds are available
and authorized for expenditure to finance costs of this Agreement within State's current
appropriation or limitation of the current biennial budget.
C. State reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate infonnation concerning Recipient's activities. State reserves the
right to reallocate any portion of the Agreement amount which State reasonably believes
will not be used by Recipient within the Terms of Agreement.
III.GENERAL PROVISIONS
A, ThIS Agreement may be tCffi1inated by mutual written consent of both parties. State may
tcnninate this Agreement, in whole or in part, etlective upon delivery of written notice to
Recipient. or at such later date as may be established by State, under any of the following
condition~,
I. If Recipient fails to provide services called tllr by this Agrcement within the time
specified IH~rein or any extel1silll1 thereof; or
')
If RecipIent Lllls tu perfllnn any of the llther provisions llf this Agreement, ur so fails
tll pursue the \\llrk as to endanger perlllrlnanee llf this Agreement in accordance with
its terms, ami after receipt of written notice from State fails to correct such failures
\\ithin I II days (lr such Illnger pcriml as State may authorize; or
). If State fails to rccci\'~ funding.. appropriations.. linlitatiuns or other expenditure
~luthot'it~ ..;uftici\.'nt to allO\\ State. in the exercise of its reasonahle administrative
disl.:rctiot1. tll clll1tinue t,l make pa~ I1lcnts l\)r pert\)['mance of this Agrecmcnt: or
Page III of 17
M isc, Contracts and Agreements
Agreement No,24413
Rural and SmallUrhan Areas (5311) Vehicle Preventive Maintenance
4, The requisite local funding to continue the Project hecomes unavailable to Recipient;
or
5, Federal pr state laws, rules, regulations or guidelines are modified or interpreted in
such a way that the activities described in Exhibit A of the Agreement are no longer
allowahle or no longcr digible for funding proposed by this Agreement; or
6, The Project \'vould not produce results commensurate with the further expenditure of
funds: or
7, Recipient takes any action pertaining to this Agreement without the approval of State
and which under the provisions of this Agreement would have required the approval
of State; or
~, The commencement, prosecution, or timely completion of the Project by Recipient is,
for any reason, rendered improbable, impossible, illegal; or
9. Recipient is in default under any provision of this Agreement.
B. Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination,
C. Recipient shall keep proper and complete books of record and account and maintain all
fiscal records related to this Agreement and the Project in accordance with generally
accepted accounting principles, generally accepted governmental accounting standards
and state minimum standards for audits of municipal corporations. Recipient shall ensure
that each of its subrecipients and subcontractors complies with these requirements.
Recipient acknowledges and agrees that State, the Secretary of State's Office of the State
uf Oregon, the Federal government, and their duly authorized representatives shall have
access to the books, documents, papers, and records of Recipient which are directly
pertinent to the specific A6'1'Cement for the purpose of making audit, examination,
excerpts, and transcripts fiJ[ a period of three years atter final payment. Copies of
applicable records shall he made available upon request. Payment for costs of copies is
reimhursahle by State,
D, rhis ,\grcell1ent may be revised or amended hy a supplemental written agreement
hct\\el'n thc parties and executed with the same formalities as this Agreement.
L This Agreement may be l'xecuted in se\ eral counterparts [f~lcsimile or otherwise j all uf
\\'hich \\hen taken t\lgcther shall constitute une agreement binding on all parties,
l1\)t\\ ithstcll1ding that ~1l1 parties ,m: not signatories to the slime counterpart. Each copy of
this-\gn:ement ~o ,::\ecuted shall constitute an original.
Page 11 \)f 17
Misc, Contracts and Agrl.:l.:mCl1ts
Agrcement No.24413
Rural and Small I Jrhan Arcas (5311) Vehiclc Preventive Maintenance
F, This Agreement and attached exhibits constitutc the cntire agreement betwecn the parties
un the subjcct matter hereof. There are no understandings, agreements, or representations,
oral or \vrittl:n, not specificd hcrein rcgarding this Agreement. No waiver, consent,
modification or change uf tcm1S of this Agrccment shall bind either party unless in
writing and signed by both parties and all neccssary approvals have been obtaincd, Such
\vaiver, consent, modification or change, if made, shall be effective only in the specific
instance and for the speci tic purposc given. Thc failure of State to enforce any provision
of this Agreemcnt shall not constitutc a waiver by Statc of that or any othcr provision.
I'agc 12 of 17
Misc. Contracts and Agrccments
Agrecment No,24413
Rural and Small Urban Areas (5311) Vehiclc Prcventive Maintenance
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET
--,~,--- ,
Project Budget !, Total Project
!
, ~ ._--------,._~-~---_.
Vehicle Preventive ! $13,460
:\ Iaintenance
Local Share
Source of
Local Match
--
Local funds
~:::~tcntl
1$10,768 -l
$1 0,7~_-==J
$2,692
. \ m_...__..._ uu'" t----..-
__ill"-,4O(~__ ..__. JJ,602 _._
-
TOTALS
Project Description/Scope of \-Vork
The sole purpose ofthis Grant Agrccment is to provide funding for the following projects.
Preventive Maintenance: This Grant Agreement provides maintenance funding on vehicles
used to provide client or public transportation, Maintenance should be performed to ensure the
tleet is maintained (per manufacturer's recommendations) in good condition and that vehicles
may pass an annual inspection, Preventive maintenance includes the following: oil changes;
tune-ups; tires and tire maintenance; annual vehicle inspections, scheduled or routine
maintenance; and associatcd parts, supplies and labor. This category of project does not include
the costs associated with major rcpairs and major component replacemcnt (such as engine or
transmission rebuilds or replacements).
Reporting Requirements: Recipient, by signing this Grant Agreement, will provide report
infonnation as prescribed by ODOT on these vehicle(s) as long as they remain in public
tr~msportation service, If a vchicle is transferred to another provider for public transportation,
RecipieIlt agrees to notify ODOT if useful life standard has becn met and title has bcen relcased
hy OOOT. If ODOT retains title. Rccipient must rcquest pem1ission to transfcr a vehicle Plior to
Its meeting federal useful life standards,
lmoice Requirements: Submit a cover letter or Exhibit C Invoice documenting the total
expenses for the deliverahlcs during the period covered. Recipient may list labor costs on
\ttachment I of Exhibit C. Sample Reimbursement Request Form, h1-kind match is allowed for
labor (In maintenance and or rehahilitation. if otherwise allowed and nnt used as a match fnr any
\ lther grant or contract.
! t- Recipient chooses to create ur use ,Ill ,1Iternate form of lll\'uice, all of thc information
contained in Attachment I (If Exhibit C must be included, Whate\er t~)fln is used, signature of
the agency's designated representati\e IS required,
.\11 purchascs and installatiuns must he completed prior to the expiration datc of this Grant
,\~rccmel1t. I fan c\tL'I1:--illn 1'llr time is l'l.:quircd, a reque~t Illust be rccei\cd by ()DOT at least -+5
days pri(1r tll the e'\plratilll1 (Ltte,
Page 13 (11' 17
Misc, Contracts and Agreements
Agrct.:ment No.24413
Rural and Small Urban Arcas (5311) Vehicle Preventivc Maintcnanct.:
Exclusions: 'vlaintcnancc in this Grant Agreement will not include rcpairs resulting from motor
\ chicle accidents, or repairs chargcd to warranty or service agrcements, or that are otherwise
paid for in other grants or contracts. Maintenance reimbursed in this Grant Agreement is only for
\ chides providing transpoliation services to the general public or special publics such as seniors
~lI1d people with disabilitit.:s, This agreement does not allow maintenance for staff vehicles,
\ chIcles used t(lr husiness of the agency, ur maintenance vehicles,
f\l"C 1.+ of 1 7
Co
Misc. Contracts and Agrcements
Agreement No,24413
Rural and Small Urban An:as (5311) Vchicle Prcvcntive Maintenance
EXHIBIT B
FINANCIAL INFORMATION
The infonnation below will assist auditors to prcpare a report in compliance with the
rcquirements ofthc Ot1ice of Managcment and Budget (OMB) Circular A-133.
This grant is tinanced by the funding source as indicated below:
Federal Program Total Federal Funding
Title $10,76H.OO
Federal Funds A vailablc through:
49 U.S,c. ~ 5311 Program
: Federal Catalogue Number
20.509
--
Federal Funding Agency
, U,S. Department of Transportation
: Federal Transit Administration
Region X, Suite 3142
Federal Building
i 915 Second Avenue
Seattle, W A 98174
State Funding Agency
Oregon Department of Transportation
Public Transit Division
Mill Creek Building
555 13th Street NE, Suite 3
Salem, OR 97301-4179
L-____
__ I
Page I:' ~)f Ii
Misc. Contrads and Agreemcnts
Agreemcnt No.244l3
Rural and Small Urban Areas (5311) Vehiclc Prcventive Maintenance
EXHIBIT C
ODOT Public Transit Division
2005-2007 Fleet Preservation
Reimbursement Invoice
Agency:
_~J!r of ~y oodhurn __
Agreement No,
24413
FEIN (FcJcral tax ID No.):
This Payment Covers: Quarter/Month(s):__
Fiscal Year:
I Original Grant Amount
r-
I Prior Payments
I
[ Bal~nce of Grant
(Beginning of Quarter)
$
$
$
Total Expenses this period
L
r Matcl; (li-
f-~- ~..-~
I Source of Match:
$
$
[ C)il1er (E~pl-ai~)
--I~.
I
-~--
___~_n_ -'-------T -----~..~
---- __'u__.__, ..- ---r---- ---~---
Total Reimbursement: $
BaG~1~~- ofGr;~t(EnJ-cli-$-~m--~---- I
Quarter) i :
_._._ n _~_ _ ,...____~
( 1) Attach documentation of in-kind match.
r _(~)nt~~0. i.1.11j ~P!)ortl.!t1it~cs~tl~i~~r~rj~d-(i)~~_~l~
(\mtmcting uppurtunities to Disauv<lntagcd : S
Business Entcrprise (DI3E) firms (3) I
___ ___. ~_______._____ _______ ________ ~ ~ ~ "_______________ _~__.._.J
(2) Type and dollar amount of contracting opportunity entered into this period,
(~) rype of oPlwt1unity and namc uf DBE tirm(s),
I ccrtlfy that this request is aL'CltLlte and is tlot being billed in any llthcr grant or contract:
,\uthori/ed Agency Signature
Date
Ty pc ur Print '\,~lme of ,\uthort/ed Agencv Signature
Phune Number
P,lge Ih uf 17
Misc. l \mtracts and Agn:l'mcnh
Agrcement No,2-1A,I:\
Rural and Small Urban Areas (5311) Vdllde Pn...n~'l1ti\e MailllL'llaJh:~
Attachment 1: Reimbursement ReQuest - Preventive l\laintenance
Reimhursement Period
I
j --'--
I
_I Date:
~
~-r
,
Providc!- :\amc
I
, Cit\' of Woodburn
~-r-'-------..l- -~-----
Vehicle IDs (Last 5 digits of \'IN # or
_:lgency assigned no.)._
_ . ,_~Bricf Qescription of Maintenance
I
I
Quantity
Charge
'..,--' - - -- - --- -----,
I
! Total Charges~
!
--T-~
I
_~ __,____,__---+---__~ __+__ _., u_
I '
-t--.-.- --f--- -. -- --- ---~
I
----+---- --- -. - ~ --_.
r
-+--~ -:-~--- --
I :
I ~--
-
I
1 -.--.
i
-,,- .-- - I~'-'--'
.-..-- -- -'-- t~--
I
-_._~ -.-- --_._..~ -- ---r--
I
I
-; -
-'.-,----
---.-- ------ -T--
-- --- - -------- -~ _._---_..
I
I
!
I..Qtil!.~..!I::!Egr~ 'C
------.----------r--
I
I
$
---------. --------rc--- -- '"
i Titl"
]
I
I
---- .- --'- -~-- -..-'-- -~ .j
" JIlL' tuWl d]Jrf'L'.~ Imbt lllJtch the Jmount reLJuesl<:d I
on Exhibit "e" I
S tglldtul'L'
"I certify that this billing IS accurate and that these
charges are not being billed to any other grant and are
not being reimbursed from any other source,"
-
Page 17 of 17