Res 1867 - ODOT Grant Agr No 24414
COUNCil Bill NO. 2682
RESOLUTION NO. 1867
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 24414 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 has applied for federal public transportation
capital purchase assistance funds under Title 49, United States Code, Chapter 5310,
Elderly Persons and Persons with Disabilities Program, and
WHEREAS, the State of Oregon, Department of Transportation, has been
designated to evaluate and select recipients of assistance from federal funds available
under the Small City and Rural Areas Program, to coordinate grant applications and to
administer the disbursement of the federal assistance, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
$55,633 in capital purchase 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. 24414,
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
through Title 49, United States Code, Chapter 5310 for the purpose of supporting public
transportation.
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. 2682
RESOLUTION NO. 1867
Approved as to form: <)) .:) V?i <y/./~~
City Attorney
tlr/16o}
Da e
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: ()\Ct-{. i 1 ~~V'-rd-
~ant, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2682
RESOLUTION NO. 1867
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
STATE GRANT AGREEMENT ~O. 24414
THIS AGRFEVlENT 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 Woodburn hereinafter referred to as '"Recipient." Recipient enters into this Agreement
with State to secure financial assistancc to complete the activities described in Exhibit A,
hereinafter referred to as the '"Project:" attached hereto and by this reference made a part hereof.
RECITALS
1. By the authority granted in Oregon Revised Statutes (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 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) regulations sueh as those contained in ORS
323.455, ORS 391.800 through 391.830 and FTA Circular 9070.1F 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.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it 1S
agreed by and between the parties hereto as follows:
TERMS OF AGREEl\IENT
I. Estimated total Project cost is $62,000.00 Maximum allowable reimbursement shall be
either 89.730;0 of allowable custs or $55,633.00, whichever is less.
2. This Agreement shall begin on July 1,2007 and shall expire, unless otherwise tenninated,
on June 30, 2009.
3. The following documents. Agreement Obligations and General Provisions, Exhibit A:
Project Description and Budget and Exhibit B: Financial Information are attached hereto
and by this reference made a part of this Agreement. The following document is incorporated
by retl:rence: Fiscal Year 2007 Annual List of Certifications and Assurances for FTA
Grants and Cooperative .\greements. These ccrtifieations and assurances arc used in
connection with all Federal assistance programs administered by FTA during Federal Fiscal
Y car 2il0"7. Thc..;e eertitieations :md as"uranees include all anllLlal certitieations required by 49
ese. ~ "311) Flder1:, PerS01lS and Persons \\ ith Disabilities Prngram.
P.1gl~ 1 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
SIG\JATURE PAGE TO FOLLOW
Page .2 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
1;\1 WITNESS WHEREOF, the parties have set their hands as of the day and year hereinafter
written.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No.2,
which authorizes thc Director to approve and execute agreements for day-to-day operations when
the \vork is related to a project included in the Statewide Transportation Improvement Program or
a line item in the biennial budget approved by the Commission.
On March IS, 2()04, the Director approved Subdelegation Order No. 14, which delcgates the
authority to conduct the following day-to-day operations to the Public Transit Division
Administrat()r:
!:'.'(ccllte Uregon Transportation Commission intergm'ernmental agreements and grants
for special pavments to local governments and other non-profit units and operators of
public transportation services for disbursement of state and federal funds for public
transit programs. The Division Administrator ~1!ill maintain a listing of all
intergovernmental agreements and grants and submit a quarterly report to the GTe.
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
..
Signature (Legally designated representative)
Michael R. Ward
John Brown
Name (Printed or typed)
Date
Administrator
Title
~~Administrator.
Title
Date
Recipient" s Legal Counsel
(I f required in local proccss only)
~ame (Printed ur typed)
Title Date
Page 3 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capita1- Vehicle Purchase
Agreement Obligations and General Provisions
I. RECIPIE~T OBLIGATIONS
A. General Requirements
I. Recipient shall conduct actIVItIes in accordance with Exhibit A, Project Description
and Budgct. Recipicnt shall notify State in writing of changes in the Project prior to
performing any changes and will not perform any changes to the Project listed in
Exhibit A without specific written approval from State.
1 Recipient shall make purchases of any equipment, materials, or services pursuant to
this Agreement 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 re.b'1l1ations are included in each competitive procurement;
b. all procurement transactions are conducted in a manner providing full and open
competi tion;
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);
d. contracts will not exceed a period of five years without prior approval of FT A: and
Recipient is responsible for submission of any draft sub agreements and contracts
associated with this Agreement to State for review and approval. Best Practices
Procuretnf!nt i\lanual. a technical assistance manual prepared by the FT A, is available
un the FT A website: < ~\;Y/~,-<Jl,!,-th21.guv>.
3. Recipient 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.220, 279B.225, 279B.230,
279B.235 and 2798.270, which hereby are incorporated by reference. Without
limiting the generality of the foregoing, Recipient exprcssly agrces to comply with (i)
Title VI of Civil Rights Act uf 1964; (ii) Title V and Section 504 of the Rehabilitation
Act of ]l)73; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv)
all regulations and administratIve rules estahlished pursuant to the forcgoing laws; and
(\) all llther applicable requirements of fcdcral and state civil rights and rehabilitation
statutes. rules and regulations.
P,1~t' 4 ~If 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
4. Recipient shall maintain all required records for at least three years after State's final
payment.
5. To r~ceive reimbursement as described in Section II, Paragraph A, 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 reserves the right to request such additional
information as may be necessary to comply with federal or state reporting
requirements.
The reporting periods are based on the state tiscal year. Quartcr I is July through
Septcmber. Quarter :2 is October through December. Quartcr 3 is January through
March. Quarter 4 is ApIil 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
cmployees 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 arising 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 lOaf the Oregon Constitution and in the
Oregon Tort Claims Act, ORS 30.260 to 30.300.
7. Notwithstanding the foregoing defense obligations under the paragraph above, neither
Rccipient nor any attorney engaged by Recipient shall defend any claim in the name of
the State of Oregon or any Agency of the State of Oregon, nor purp011 to act as legal
rcprcsentative of the State of Oregon or any of its agencies, without the prior written
consent of the Oregon Attorney General. The State of Oregon may, at anytime at its
election assume its own defense and settlement in the event that it determines that
Recipient is prohibited from defending the State of Oregon, or that Recipient is not
adequately defending the State of Oregon's intercsts, or that an important
governmental principle is at issue or that it is in the best interests of the State of
Oregon to do so. The State of Oregon reservcs all rights to pursue any claims it may
havc against Rccipicnt if thc State of Oregon elects to assume its own defense.
X. Recipient shall perfonn the services undcr this Agreement as an independent
contractor and shall be exclusively responsible for all costs and expenses relatcd to its
employment ot' individuals to perfonn the work undcr this Agrecment, including but
not limikd tn retirement contributions, workers' compensation. uncmploymt:nt taxes,
and state and feueral income tax withholdings.
l). .\11 employers. including Recipient. that employ subject \vorkers who \vork under this
.\gnxl11cnt in tht: State of Oregon shall comply with ORS 656.017 ami pruvide the
required \V~)rkt:rs' C\)mpensation emerage unless such employers arc exempt under
ORS 65(1.1 ?(). Recipient shall ensure that each of its subcontractors complies with
ll1e:-;.: requirements.
P.1ge 5 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehiclc Purchase
I D. Recipient ackmnvledges and agrees that the Federal Government, abscnt 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.
11. Recipient" s officers, employees, or agents shall neither solicit nor accept gratUItIcs,
favors, or anything of monetary value from contractors, potcntial contractors, or
parties to subagreements. No member or delegate to the Congress of thc United Statcs
or State of Oregon employee shall be admittcd to any share or part of this Agreement
or any henctit arising therefrom.
12. In acccpting this Agreement, Recipient certifies that neither Recipicnt nor its
principals is presently debarred, suspended, or voluntarily excluded from this
federally-assisted transaction, or proposed tor debarment, declared ineligible or
voluntarily excluded from participating in this 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, etc.).
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 noticc, to inspect all vehicles, real property, facilities, equipment
purchased 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 pennit the above named persons to audit the books, records,
and accounts of Recipient relating to the project.
14. Recipient shall complete all purchases of property or equipment prior to the expiration
date of this Agreement. If local circumstances prevent the purchase by the specified
date. at least 45 days prior to the expiration of the Agreement, the Recipient will notify
State in writing of the delay and provide a reason for the delay. Contract amendment
ti.Jr time \vill he considered in extenuating circumstances.
15. Recipient shall he shown as either the owncr on the equipment title or if Recipient
contracts the operation of the vehicle( s) to a third party then the third party may be
shown as the owner or lessee with the Recipient listed as the second security intcrest
holdcr or lessor. In all cases State shall be shown as the first security interest holder on
the \ chicle title. If Rccipient fails to show State as the tlrst security interest holder,
Recipient shall pay any expenses to re-submit the necessary documents to Driver and
\lot\1r \' chidc Scn. il'CS (DM\').
16. Recipil'l1t shall hear the cost of insuring \ chicles purchased under this Agreement
hascd (1n risk .lsseSSt11cnt. Recipient shall maintain, in amounts and form satisfactory
t\) State. such insurance or self-insurance ~lS will be adequate to protect Recipient.
\ chicle dri\ ers ~lI1d assistants. vehicle occupants. and protcct equipment through thc
p....n\1d t)j lbl'. ,\t a 1111l1il11ull1. this shall in....ludc cOl11preh....nsi\'L~ and collisiun insurance
P.lge h of 14
Misc. Contracts and Agreements
Agrecmcnt No. 24414
(5310) Capital- Vehicle Purchase
adequatc to rcpair or rcplacc propcrty and equipment if damaged or destroyed, liability
insurancc of $50,000 for property damage, $200,000 for bodily injury per pcrson,
$500,000 bodily injury per occasion, uninsured motorist protection, and personal
injury protection as requircd by ORS Chaptcr 806. Recipient shall be responsible for
all deductiblcs or self-insured retention. Recipient shall include the Oregon
Department of Transportation, Public Transit Division as '"Additional Insured."
17. Recipicnt shall submit an annual vehicle inspection report to the State, Public Transit
Division. Vehicle inspections shall be conducted by a vehicle maintenance technician
certified by a nationally recognized organization in the tield of vehicle service and
maintenance. Reports shall be submitted on forms covering required areas of
inspection provided by State, Public Transit Division.
1 ~. 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
~lVailable 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, Non-profit Institutions. Recipient, if
affected by this requirement, shall at Recipient's own expense, submit to State, Public
Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of its A-
133 annual audit covering the funds expended under this A!,'Teement and shall submit
or cause to be submitted, the annual audit of any subcontractor of Recipient
responsible for the tinancialmanagement of funds received under this Agreement.
~
Recipients rccciving less than $500,000 in Federal funds shall, at Recipient's own
expcnse, submit to State, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR
lJ730 1-4179, a copy of any annual audit covering the funds cxpended under this
Agn:C111l:nt by Recipicnt or any subcontractor of Recipient receiving funds as a result
uf this Agreement: ~md a copy of the management letter and any n:port that
accumpanies the annual audit LOvering the funds expended under this Agreement.
3. Rccipicnt shall sa\e, protcct and hold hannlcss State from the cost of any audits or
~pecial il1\ estigations performed by the Oregon Secrctary of State's Audits Division in
rcspl1nsc hl allegations \\'ith respect to the funds cxpended under this Agreement.
Rccipient's liability tl)r any costs incurred under this provision is not limited to the
grant amount detined by the T enns of Agreement, and is binding whether or not the
allegations arc substantiatcd. It is alsl) mutually agreed ancl understood that any audit
Cl)sb incurred as a rcsult uf allcgatiuns of fraud. waste or abuse are ineligible for
rell11hur.,el11cnt under this or ~1I1) ut\1er agrecment betwcen Recipient and State.
P,lge70t 14
Misc. Contracts and Agreements
Agreemcnt No. 24414
(5310) Capital- V chicle Purchase
C. Other Federal Requirements
One of the principles of contracting \vith Fcderal funds received indirectly from the FTA
is recognition that as a condition of receiving the funds, certain specific requircments
must bc mct not only by the Recipient, but also by any subrecipients and contractors. To
the cxtent applicable, Fcderal requiremcnts extend to the third party contractors and their
contracts at every tier and subrecipients and their sub agreements at every tier. The specific
rcquirements f(x particular grant funds are found in the Mastcr Agreement that is signed
and attested to by State. This Master Ab,Tfeement is incorporated by refercnce and made
part of this Agrecment. Said Master Agreement is available upon request from State by
calling (50]) 9R6-3300 or accessing the FT A website:<'www:fta.dot.gov:>.
The following is not a complete list of Federal rcquircmcnts. Rather it is a summary of
various primary requircments associated with the type of transaction covered by this
Agreement.
1. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252,42
U.S.c. S 2000d) and the regulations of the United States Department of Transportation
(49 eFR 21, Subtitle A). Recipient shall exclude no person on 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 information: any active lawsuits or complaints, including dates, summary of
allegation, status of lawsuit or complaint including whether the parties entered into a
consent decree.
') Recipient shall comply with FT A regulations in 49 CFR 27 Nondiscrimination on the
Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
which implements the Rehabilitation Act of 1973, as amended, the Americans with
Disabilities Act of 1990,49 CFR 37, and 49 CFR 38.
3. Recipient shall comply with 49 CFR 663 regarding pre-award and post-delivery
reviews. Every Recipient who purchases rolling stock and/or facilities must certify that
a pre-award and post-delivery review has been conducted in accordance with FT A
requirements. This review ensures compliance to bid specifications including seismic
considerations, Buy America requirements when purchase is over $100,000 and
Federal Motor Vehicle Safety Standards as applicable to the type of project.
-t. Recipient shall comply with 49 eFR 37.77(c) and 49 CFR 37.105 regarding
"Equivalent Service Standard." If non-accessible vehicles are being purchased for use
by a public entity in demand responsive service for the general public, State will
obtain from the subrecipient the required certification which states that when viewed
111 its cntirety the public entity's demand responsive service otTered to persons with
disahIlities. including persnns who use wheelchairs, mcets the standard of equivalent
SlT\ Ice.
Recipient shall c\)[11ply \\ ith the folkl\\ing sen ice prO\ isions, as appropriate:
d. \1aIl1ll'ILll1Cc of acccssible features
Page 8 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
h. Procedures to cnsure lift availability
c. Lift ~ll1d securement use
d. Announcements on vchicles of stops on tixed-route systems
e. Vehicle identiticatinn system
f. Service animals
g. Use nf accessibility features
h. Public infonnation,'communication
I. Lift lkployment at any designated stop
J. Service to persons using respirators or portable oxygen
k. Adequate time for boardingldeboarding
1. Training
5. Recipient has, to the maximum extent feasible, coordinated with other transportation
providers and users, including social service agencies authorized to purchase transit
servIce.
6. 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.
7. Recipient 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:
7hc contractor. suhrecirient or subcontractor shall not discriminate on the basis
or r<lce. color. nationa! origin. or sex in the pCJ/ormance of this contract. The
conTractor shall CUIT\' out (lPp/icab!e requirements 0/49 CFR ]6 in the award and
administration (if .')'tutc-assisted contracts. Failure bv the contractor to carrv out
lIICS,' rcquir,'menfs is Ll muferia! hreach 0/ this contract. \\hich nWJ' result in the
krlllinatioll of Ihis cuntrue[ or such other rc111 e((v. as the Recipient deems
Llppropriatc.
:\. Recipient and Cl1l1tractors recei\ lI1g in excess of ~ lO(),()()() in Federal funds must cer1ify to
State that they ha\'e not and will nnt use Federal funds to pay for int1ucncing or attempting
to intluence an nftice \lr cmplllyee nf any Federal department or Agency, a member of
Cllngress. (lr an ,-'mplllyee of a mcmber of Clll1gress in connection \\'ith obtaining any
Fcderal ~ral1L coop\.Tati\c agrecment or any llther Fedcral award. If non-fcderCll funds
ha\ e hecl) usnl lu SUPPl1rt luhh: ing acli\ ities in cllnnection with the projcct Rccipicnt
P.lge 9 of 14
Misc. Contracts and Agrccmcnts
Agreement No. 24414
(5310) Capital- Vehicle Purchase
shall completc Standard hmn LLL. f)isc/osllre Form to Report Lvhhying and submit the
form to State at the end of cach calendar quarter in which there occurs an event that
H?l\uires disclosure. Restrictions on lobbying do not apply to intlucncing policy decisions.
Examples of prohibited activities include seeking support for a particular application or
bid and seeking a congressional earmark.
II. STATE OBLIGATIONS
A. State shall rcimburse eligible costs incurrcd 111 carrY1l1g out the Project subject to the
amounts shown in the Tenns of Agrcement.
B. State certities, at the time this Agreement is executed, that sufficient funds arc 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 tunds if there are unresolved audit
findings, or inadequate information conccrning Recipient's activities. State reserves the
right to rcallocate 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 terminated by mutual written consent of both parties. State may
terminatc this Agreement, in whole or in part, effective upon delivery of written notice to
Recipient, or at such later date as may be established by State, under any of the following
conditions.
1. [f Recipient fails to provide services called for by this Agreement within the time
~pecified herein or any extension thereof; or
2. [1' Rccipient 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 reccipt of written notice from State fails to correct such failurcs
within 1 () days or such longcr period as Statc may authorize; or
~. If State fails to rcceive funding, appropriations, limitations or other expenditure
auth\)rity sufficient to allow State, in thc exercise of its rcasonable administrative
discretion, to continue to make payments for pert()rmance of this Agreement; or
-+. The rCLJuisite local funding to continue the Project becomes unavailable to Recipient;
or
5. Federal or state I<l\\s. rules. regulations or guidelines are moditicd or interpreted in
such a \\ ay that the acti\itics described in Exhibit A of the Agreemcnt are no longer
~t1h,\\ ahle or no longer eligible for funding proposed by this Agrccment; or
P.lge 10 of 14
Misc. Contracts and Af,Tfcements
Agreement No. 24414
(5310) Capital- Vehiclc Purchase
6. The project would 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 Agrcement would have rcquired the approval of
State; or
X. The commencement, prosecution, or timely completion of the Project by Recipient is,
fix any reason, rendered improbable, impossible, illegal; or
9, Recipient is in default under any provision of this Agreement.
B. Any tennination of this Agreemcnt shall not prejudice any rights or obligations accrued to
thc parties prior to tennination.
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 gencrally
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
of 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 spccific Agreemcnt 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 State.
D. This Agreement may bc revised or amended by a supplemental written agreement between
the parties and executed with the same fomlalities as this Agreement.
E. This Agreement may be executed in several counterparts [facsimile or otherwise] all of
which when taken together shall constitutc one agreement binding on all parties,
not\vithstanding that all parties are not signatories to the same counterpart. Each copy of
this Agreement so executed shall constitute an original.
F. This Agrcement and attached exhibits constitute the entire agreement between the parties
on the subject matter hereof. There are no understandings, ilf,'Teemcnts, or represcntations,
oral or written, not specitied herein regarding this Agreement. No waiver, consent,
modification or change of tenns of this Agrecmcnt shall bind either party unless in writing
and signed by both parties and all nccessary approvals have been obtained. Such waiver,
cunscnt. Illodi fieation ur change, if mJde, shall be effectiyc only in the specific instance
and tllr the specitic purpose given. The failure of State to enforce any provision of this
Agreement shall not constitute a wain:r by State of that or any other provision.
Page 11 of 14
Misc. Contracts and Agreements
Agreement No. 24414
(5310) Capital- Vehicle Purchase
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET
-- ----- --,--~-- -- ~---,-:-
Project Budget I Total Project I Local Share Source of Agreement
~____~_n_ _ ~_~_ __ r;;-- Local Match ~mount
veh:cle ~~rchase $_62.000 ' $6,J67n______~:al fU~d~ \ $55,633
S62,O()O 1 S6367 _ nnn__ L~___~633
Project Description/Scope of Work
The sole purpose of this Grant Agreement is to provide funding to purchase the following vehicle
to support transportation of the general public and elderly and people with disabilities.
Vehicle Purchase: Purchase one (1) medium light-duty vehicle with approximately 12-14
ambulatory seats and two (2) securement stations and all equipment and supplies necessary to put
the vehicle into service. Associated costs incurred from the procurement process, delivery
charges, and post-delivery inspections are included in the reimbursable expenses associated with
this Grant Agreement.
For replacement purchases. the following vehicles have been approved for replacement to receive
funds for purchase in this Grant Agreement:
License Plate No.
E205512
Vehicle Identification No.
1 FDXE40S 1 WHC03218
V chicle Year/Make/Model
1998 Ford Small Bus
I f ReCIpient does not purchase from the State Price Agreement contracts, any Requests for
PrdPosals (RFP) to procure vehicles must he reviewed and approved by State prior to ordering.
Reporting Requirements: Recipient, by signing this Grant Agreement, will provide report
information as prescribed by ODOT on these vehicle(s) as long as they remain in public
transportation servIce. If a vehicle is transferred to another provider for public transportation,
Recipient agrees to notify ooaT if useful life standard has been met and title has been released
by OOOT. If ODOT retains title, Recipient must request pennission to transfer a vehicle prior to
its mccting fedcml use!tillifc standards.
Invoice Requirements: Submit a cover ktter documenting the total expenses for the delivcrabks
during the period cmcn:cI. ("dpieS of invoices must be submitted for all venclor charges.
Certitication forms attesting to prc-a\vard and post-delivery requirements must be provided
regarding PurchasLT's Requirements. Buy America, and Fedcral Motor Vehicle Safety Standards
and Altoona Bus Testing ('ertitication. Signature of the agency's designated representative is
rCLjuired.
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Misc. Contracts and Agreemcnts
Agrcement No. 24414
(5310) Capital- Vehicle Purchase
All purchases and installations must be completed prior to the expiration date of this Grant
\greemcnt. If an extension for time is required, a request must be received by ODOT at lcast 45
days prior to the expiration date.
On any non-accessiblc vehicle purchase, a Certificate of Equivalent Scrvice must be submitted
prior to final payment.
Expected order date: November 2007.
Expected delivery date: \lay 2008.
Page 13 of 14
Misc. Contracts and Agreements
Agrecment No. 24414
(5310) Capital- Vehicle Purchasc
EXHIBIT B
FINANCIAL INFORMATION
rhe infonnation below will assist auditors to preparc a rcport in compliance with the
requirements of the Officc of Management and Budget (OMB) Circular A-133.
This grant is financed by the funding source as indicated below:
Federal Program Total Federal Funding
Title $55,633.00
h:dcral Funds A vail able through:
i 49 U.s.c. ~ 531 () Capital Program
-I
i Federal Catalogue Number:
20.513
I
I
State Funding Agency
Oregon Department of Transportation
Public Transit Division
Mill Creek Building
555 13th Street NE, Suite 3
__ ___J Salem, OR 97301-4179
: Federal Funding Agency
i U.S. Department of Transportation
I
Fcdcral Transit Administration
Region X, Suite 3142
Federal Building
! 915 Second A venue
~t!<lttle, W A 981 71 m_____~_
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