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Res 1575 - Grant Agrmt #17742 COUNCIL BILL NO. 2030 RESOLUTION NO. 151:5 A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 17742 WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR AND CITY RECORDER 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 capital assistance funds for Fiscal Year 1999-2000 under Title 49, United States Code, Chapter 5311, Small City and Rural Areas 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 $121,135 for capital assistance for the City of Woodburn from Special Transportation Program transfers which are part of the FY 99-00 5311 Program of Projects, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 17742, 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 Special Transportation Program funds which are part of the FY 99-00 5311 Program of Projects for the purpose of supporting public transportation. Page 1- COUNCIL BILL NO. 2030 RESOLUTION NO. 1575 .--T' Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized to sign said agreement on behalf of the City. Approved as to form~.n-~ City Attorney :{ / -:;/!o 0 " I ' Date APPROVED: Passed by the Council March 13, 2000 Submitted to the Mayor March 14. 2000 Approved by the Mayor March 14, 2000 Filed in the Office of the Recorder March 14. 2000 ATTEST: ~ .~2t ccc~ ~/ Mary Ten nt, Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 2030 RESOLUTION NO. 1575 .--r.....--...-.... ., ,-"" ODOT Agreement Number: 177. Small City and Rural Areas (5311) STP Transfer PUBLIC TRANSIT DIVISION OREGON DEPARTMENT OF TRANSPORTATION ODOT GRANT AGREEMENT No. 17742 THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT"; and City of Woodburn, hereinafter referred to as "Recipient". Recipient enters into this Agreement with ODOT to secure financial assistance to complete the activities described in Exhibit B, attached hereto and by this reference made a part hereof. RECIT ALS 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 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 Oregon Revised Statutes (ORS), Oregon Administrative Rules, and Federal Transit Administration regulations such as those contained in ORS 323.455, ORS 391.800 through 391.830 and FTA Circular 9070.1E including all associated references and citations. From time to time these laws, rules and regulations may be amended and ODOT reserves the right to amend this Agreement if it is affected. ODOT will provide thirty days notice of impending changes and will prepare a supplemental Agreement incorporating the changes to be executed by the parties. The following documents are incorporated by reference and made part of this grant agreement: Agreement Obligations and General Provisions, Exhibits A and B, and Fiscal Year 2000 Annual List of Certifications and Assurances for Federal Transit Administration Grants.. These certifications and assurances are used in connection with all Federal assistance programs administered by FTA during Federal Fiscal Year 2000. These certifications and assurances include all annual certifications required by 49 U.S.C. 5311 Non-Urban Formula. 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. Payment shall not exceed $121,135, as described in Exhibit B, Project Description and Budget. 2. This Agreement is to begin on March 1,2000, or upon execution by all parties, whichever is later and shall expire on June 30, 2001. Page 1 of 15 " ODOT Agreement Number: 177'-. Small City and Rural Areas (5311) STP Transfer IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the day and year hereinafter written. The Oregon Transportation Commission on March 18,1999 approved Subdelegation Order No. 14, in which the Director delegates the authority to conduct the following day-to-day operations to the Public Transit Division Manager: 1. Approve and execute grant agreements, certifications and assurances, amendments and reports for receipt of funding for Federal Transit Administration Programs included in the STIP. 2. Execute Oregon Transportation Commission intergovernmental agreements and grants for special payments to local governments and other non-profit units an doperators of public transportation services for disbursement of state an federal funds for public transit programs. The Divison Manager will maintain a listng of all intergovernmental agreements and grants and submit a quarterly report to the OTC. City of Woodburn 270 Montgomery Street Woodburn OR 97071 Oregon Department of Transportation Public Transit Division 555 13th St. NE, Suite 3 Salem, Oregon 97301-4179 Name Martin W. Loring, Manager - Public Transit Division Title Date Date Recipients Legal Counsel Required on Feder:illy funded projects to validate signature authority of Recipient's representative Date Name Title Date Name Title Date Page 2 of 15 "-yo' "--'1---- ODOT Agreement Number: 177, Small City and Rural Areas (5311) STP Transfer A~reement Obligations and General Provisions I. RECIPIENT OBLIGATIONS A. General Requirements 1. Recipient shall conduct activities that substantially conform to the description in Exhibit B, Project Description and Budget. Recipient shall notify ODOT in writing of changes in these activities prior to performing any changes and will not perform any changes to the activities listed in Exhibit B without specific written approval from ODOT. 2. Recipient shall make purchases of any equipment, materials, or services pursuant to this Agreement under procedures consistent with Administrative rules (OAR Chapter 125) for the Oregon Department of Administrative Services and Oregon State Law and in conformance to FTA C4220.1D, Third Party Contracting Requirements, ensuring that . . . all applicable clauses required by Federal Statute, executive orders and their implementing regulations are included in each competitive procurement; . all procurement transactions are conducted in a manner providing full and open competition; . procurements exclude the use of statutorily or administratively imposed instate or geographic preference in the evaluation of bids or proposals (with exception of locally controlled licensing requirements); . contracts will not exceed a period of five years without prior approval of FT A, and; . Architectural & Engineering procurements are based on Brooks Act procedures unless the state has adopted a statute that governs such procurements. Recipient is responsible for submission of any draft sub-agreements and contracts associated with this grant to ODOT for review and approval. Best Practices Procurement Manual, a technical assistance manual prepared by the FT A, is available on the FT A website: www.fta.dot.gov 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 ofORS 279.312, 279.314, 279.316, 279.320, 279.555, and OAR Chapter 125 which hereby are incorporated by reference. Without limiting the generality ofthe foregoing, recipient expressly agrees to comply with (I) title VI of Civil Rights Act of 1963;(ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans 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. Page 3 of 15 ---T'" ODOT Agreement Number: l77'-. Small City and Rural Areas (53Il) STP Transfer 4. Recipient shall permit ODOT, 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 purchased by the recipient as part ofthe project, and/or transportation services rendered by recipient, sub-recipient and/or any subcontractor acting on behalf of the recipient. Recipient shall permit the above named persons to audit the books, records, and accounts of recipient relating to the project. 5. Recipient shall maintain all required records for at least three years after ODOT's final payment, final disposition of grant financed property or equipment, and all other pending matters have been resolved, whichever comes later. 6. Recipient shall defend, save and hold harmless the State of Oregon, including the Oregon Transportation Commission, the Department of Transportation, 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 ODOT 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 XI, Section 10 of the Oregon Constitution and in the Oregon Tort Claims Act, ORS 30.260 to 30.300. 7. Recipient acknowledges and agrees that the Federal Government, absent express written consent by the Federal Government, is not a party to this contract 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 contract) pertaining to any matter resulting from the underlying contract. 8. Recipient 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. 9. 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 sub-agreements. No member or delegate to the Congress ofthe United States or State of Oregon employee shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 10. In accepting this Agreement, Recipient 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 this Agreement by any state or federal agency. Recipient must provide notice to the State if at any time it learns that this certification is erroneous when submitted or if circumstances have changed (new personnel, indictments, convictions, etc.). Page 4 of 15 "Y' ..... .._........_............_--"-_.....-^-^--T.---~-._.__."'.. ODOT Agreement Number: 177. Small City and Rural Areas (53l1) STP Transfer II. 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, the Recipient will notify ODOT in writing of the delay and reason for delay. Contract amendment for time will be considered in extenuating circumstances. 12. Any recipient of grant funds, pursuant to this agreement with the State, shall assume sole liability for that recipient's breach of the conditions of the Grant, and shall, upon recipient's breach of grant conditions that requires the State to return funds to the Grantor, hold harmless and indemnify the State for an amount equal to the funds received under this agreement; or iflegallimitations 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 1. Annual OMB A-133 Audit. Recipients receiving Federal funds in excess of $300,000 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 ODOT, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, an annual audit covering the funds expended under this Agreement and shall submit or cause to be submitted, the annual audit of any subcontractor of Recipient responsible for the financial management of funds received under this Agreement. 2. Other Annual Audit. Recipient shall, at Recipient's own expense, submit to ODOT, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of any annual audit covering the funds expended under this Agreement by Recipient or any subcontractor of Recipient receiving funds as a result of this Agreement that is performed due to state law or regulation, or conducted as an independent activity. 3. Management letter. Recipient shall also, at Recipient's own expense, submit to ODOT, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of the management letter and/or report that accompanies an annual audit covering the funds expended under this Agreement by Recipient or any subcontractor of Recipient receiving funds as a result of this Agreement. 4. Audits. Recipient acknowledges and agrees that ODOT, 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 Agreement for the purpose of making audit, examination, excerpts, and transcripts. Recipient shall permit ODOT to audit and review Recipient's financial records, management and program systems, and any associated records. Page 5 of 15 r ODOT Agreement Number: 177.. Small City and Rural Areas (5311) STP Transfer 5. Pre-Award and Post-Delivery Review. Every Recipient who purchases rolling stock, other than sedans or unmodified vans, must certify that a pre-award and post-deliver review has been conducted in accordance with the Pre-Award and Post-Delivery Review Regulation, 49 CFR Part 663. This review ensures compliance to bid specifications, Buy America, and Federal Motor Carrier Safety Standards. C. Other Federal Requirements. One of the principles of contracting with Federal funds received indirectly from FT A is a recognition that, as a condition of receiving the funds, certain specific requirements must be met not only by the Recipient, but also by any sub- recipients and contractors. To the extent applicable, Federal requirements extend to the third party contractors and their contracts at every tier and sub-recipients and their sub- agreements at every tier. The specific requirements for particular grant funds is found in the Master Agreement that is signed and attested to by ODOT. This Master Agreement is incorporated by reference and made part of this Grant Agreement. Said Master Agreement is available upon request from Public Transit Division by calling (503) 986-3300. The following is not a complete list of Federal requirements, rather is a summary of various primary requirements associated with the type of transaction covered by this grant, as defined in Attachment A. 1. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 Stat 252; 42 USC 2000d) and the regulations of the United States Department of Transportation (49 CFR 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 ODOT 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 FTA regulation in Title 49 C.F.R. 27.9, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance" which implements the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, and 49 CFR parts 37 and 38. If non-accessible vehicles are being purchased for use by a public entity in demand responsive service for the general public, the State will obtain from the subrecipient a "Certification of Equivalent Service," which states that when viewed in its entirety the public entity's demand responsive service offered to persons with disabilities, including persons who use wheelchairs, meets the standard of equivalent service set forth in 40 CFR section 37.77(c). Recipient shall comply with the following service provisions, as appropriate: . Maintenance of accessible features . Procedures to ensure lift availability . Lift and securement use Page 6 of 15 ---r" ODOT Agreement Number: 177 Small City and Rural Areas (5311) STP Transfer . Announcements on vehicles of stops on fixed-route systems . Vehicle identification system . Service animals . Use of accessibility features . Public information/communication . Lift deployment at any designated stop . Service to persons using respirators or portable oxygen . Adequate time for boarding/deboarding . Training 2. 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. 5310; and to implement and manage the project. Recipient will certify to the state that it is in compliance with the Year 2000 issue: certifying to ODOT that data-sensitive embedded computer chips will continue to make date-related computations accurately on January 1, 2000 and beyond. A Y2K certification process designed by ODOT will require submission by Recipient to ODOT not later than June 30, 1999 (for current federal recipients) and as soon as possible for new recipients. 3. Recipient has, to the maximum extent feasible, coordinated with other transportation providers and users, including social service agencies authorized to purchase transit servIce. 4. Recipient has complied with the transit employee protective provisions of 49 U.S.C. 5333(b). 5. Recipient will comply with applicable provisions of 49 CFR part 605 pertaining to school transportation operations. "Tripper services" that are part ofthe routine schedule and are open to the general public are not considered to be school bus services. 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 ofthe Federal Transit Act of 1964, as amended. 7. Recipient will comply with the applicable provisions of 49 CFR part 26 related to Disadvantaged Business Enterprise. Each contract the grantee signs with the contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of ODOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate." Page 7 of 15 ...' ODOT Agreement Number: 177'-. Small City and Rural Areas (5311) STP Transfer 8. Recipient has certified to the state that it will comply with 49 CFR part 604 in the provision of any charter service provided with equipment or facilities acquired with FT A assistance. 9. Recipient and contractors receiving in excess of $ 100,000 in Federal funds must certify to ODOT that they have not and will not use Federal funds to pay for influencing or attempting to influence an office or employee of any Federal department or agency, a member or Congress, or an employee of a member of Congress in connection with obtaining any Federal grant, cooperative agreement or any other Federal award. Ifnon- federal funds have been used to support lobbying activities in connection with the project complete Standard Form LLL, "Disclosure Form to Report Lobbying" and submit the form to ODOT at the end of each calendar quarter in which there occurs an event that requires disclosure. Restrictions on lobbying do not apply to influencing policy decisions. Examples of prohibited activities include seeking support for a particular application or bid and seeking a congressional earmark. 10. Recipients, sub-recipients and their contractors with safety sensitive employees (except maintenance contractors) shall comply with the drug and alcohol testing regulations as defined by Prevention of Prohibited Drug Use in Transit Operations (49 CFT 653); Prevention of Alcohol Misuse in Transit Operations (49 CFT 654) and Procedures of Transportation Workplace Drug and Alcohol Testing Programs (49 CFR 40). Procedures include written policies, training, recordkeeping, and MIS annual reports submitted to ODOT. In addition, the Recipient agrees to comply with, and ensures the compliance of its employees, sub-recipients and contractors with, information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. 552. II. ODOT OBLIGATIONS A. ODOT shall reimburse eligible costs incurred in carrying out the project subject to the amounts shown in Exhibit B. Such reimbursement shall not exceed the Agreement Amount. B. ODOT certifies, at the time this agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this agreement within ODOT's current appropriation or limitation of current biennial budget. C. ODOT reserves the right to withhold payment of funds if there are unresolved audit findings, or inadequate information concerning recipient activities. ODOT reserves the rights to reallocate any portion of the Agreement Amount which, based on its estimate, will not be used by Recipient. Page 8 of 15 "'r ODOT Agreement Number: 177 Small City and Rural Areas (5311) STP Transfer III. GENERAL PROVISIONS A. Recipient, 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. B. Any recipient of grant funds, pursuant to this agreement with the state, shall assume sole liability for that recipient's breach of the conditions of the Grant, and shall, upon recipient's breach of grant conditions that requires the state to return funds to the grantor, hold harmless and indemnify the 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. C. This agreement may be terminated by mutual written consent. ODOT may terminate 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 ODOT, under any of the following conditions, but not limited to these conditions. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. I. If recipient fails to provide services called for by this agreement within the time specified herein or any extension thereof; or 2. If Recipient 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 ODOT fails to correct such failures within 10 days or such longer period as ODOT may authorize; or 3. IfODOT fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement; or 4. The requisite local funding to continue this project becomes unavailable to Recipient; or 5. Federal or State Laws, rules, regulation or guidelines are modified, changed, or interpreted in such a way that the financial assistance or purchase of equipment provided for in the Agreement is no longer allowable or is no longer eligible for funding proposed by this Agreement; or 6. Both parties agree that continuation of the Project would not produce results commensurate with the further expenditure of funds; or Page 9 of 15 -"'Y" ",....-. ODOT Agreement Number: 177.. Small City and Rural Areas (5311) STP Transfer 7. Recipient takes any action pertaining to this Agreement without the approval of ODOT and which under the provisions of this Agreement would have required the approval of ODOT; or 8. 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. D. Recipient acknowledges and agrees that ODOT, 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 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 ODOT. E. This Agreement may be revised or amended by a supplemental written Agreement between the parties and executed with the same formalities as this Agreement. F. This Agreement and attached and referenced 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 ofODOT to enforce any provision of this Agreement shall not constitute a waiver by ODOT of that or any other provision. Page 10 of 15 y' ,. '~~~-""""~-'-"'''''''~'''~'''-- ODOT Agreement Number: 177- Small City and Rural Areas (53l1) STP Transfer EXHIBIT A FY 1999 - 00 FINANCIAL INFORMATION The information below will assist auditors to prepare a report in compliance with the requirements of the Office of Management and Budget (OMB) Circular A-133. This grant is financed by the funding source(s) as indicated below: Federal Program State Program Title Title State funds available through ORS 323.455 Federal Funds Available through: and ORS 391.800 through 390.830. 49 U.S.C. 5311 Small City and Rural Areas Special Transportation Discretionary Fund Program Federal Catalogue Number: 20.509 Federal Grant Number: State Grant Number: OR180016056 N/A Total Federal Funding Total State Funding $121,135 N/A Federal Funding Agency State Funding Agency U.S. Department of Transportation Oregon Department of Transportation Federal Transit Administration Public Transit Division Region X Mill Creek Office Park Suite 3142 555 13th Street NE, Suite 3 Federal Building Salem, OR 97301-4179 915 Second Avenue Seattle, W A 98174 Page 11 of 15 T' ODOT Agreement Number: 177... Small City and Rural Areas (5311) STP Transfer Exhibit B Part I Project Description and Budget Project Description Agreement Local Total Amount * * Share I Small Transit Bus STIP Key # $121,135 $13,865 $135,000 09606/ City of Woodburn TOTAL $121,135.00 $13,865.00 $135,000.00 ** STP Transfers to 531l (89.73110.27% match) Page 12 of 15 Y' o-~...,.._.".._"..~._._,.....,_.........__~._~' . ..----r--..--...-......-.. ODOT Agreement Number: 177. Small City and Rural Areas (5311) STP Transfer EXHIBIT B Part II Depending on the purpose of funding as described in Exhibit B, Part I, some or all of the following provision apply. A. Operating Grants 1. Operating Grants are subject to a 50/50 grant match ratio meaning that the State contributes up to 50 percent of the approved project cost, not to exceed the Agreement Amount. In the event that actual cost differs from estimated cost, the following applies: a) Actual cost is less than estimated cost - The State shall contribute up to 50 percent of the actual cost. b) Actual cost is more than estimated cost - The State's contribution is limited to 50 percent of the actual cost or the Agreement Amount, which ever is less. The recipient may elect to contribute local money and continue the project, or discontinue the project. 2. To receive reimbursement as described on ODOT Obligations, paragraph A, 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. ODOT reserves the right to request such additional information as may be necessary to comply with federal or state reporting requirements. B. Capital Grants 1. Vehicle or other capital purchase a) ODOT may, with parties' mutual consent, purchase equipment on Recipient's behalf. b) This project is subject to an 89.73110.27% grant/match ratio meaning that ODOT contributes up to 89.73 percent of the approved project cost, not to exceed the Agreement amount. In the event that actual cost differs from estimated cost, the following applies: 1) Actual cost is less than estimated cost - The State shall contribute up to 89.73 percent of the actual cost. 2) Actual cost is more than estimated cost: The State's contribution is limited to 89.73 percent of the actual cost or the Agreement amount, which ever is less. c) Recipient shall be shown as the owner on the equipment title. ODOT shall be shown as the first security interest holder. The Governing Body shall be shown as the second security interest holder. If Recipient fails to show ODOT as the first security interest holder, Recipient shall pay any expenses to re-submit the necessary documents to DMV. Page 13 of 15 ---r ODOT Agreement Number: l77'-. Small City and Rural Areas (5311) STP Transfer c) Recipient shall bear the cost of insuring vehicles purchased under this agreement. Recipient shall maintain, in amounts and form satisfactory to ODOT, such insurance or self-insurance as will be adequate to protect Recipient, vehicle drivers and assistants, vehicle occupants, and protect equipment through the period of use. At a minimum, this shall include comprehensive and collision insurance adequate to repair or replace property and equipment if damaged or destroyed, liability insurance of $10,000 for property damage, $25,000 for bodily injury per person, $50,000 bodily injury per occasion, uninsured motorist protection, and personal injury protection as required by ORS Chapter 806. Recipient shall be responsible for all deductibles or self- insured retention. Recipient shall include the Oregon Department of Transportation, Public Transit Section as "Additional Insured", 2. Operations a) Recipient shall track and document performance statistics, and submit qU'!-rterly performance reports as specified by ODOT. b) Recipient shall use the equipment to meet the transportation needs of small-city and rural areas. Incidental use of the vehicle(s) (e.g., for meal delivery) is permissible to the extent that such use does not interfere with the primary use of the vehicle. c) Recipient shall permit ODOT, the US Department of Transportation, or their authorized representatives, to inspect all vehicles, real property, or equipment purchased by the Recipient or any subcontractor acting on its behalf as part of the project. d) Records of maintenance to manufacturer's specifications shall be kept. Recipient will have to either send copies of maintenance records to ODOT, and/or provide records for review at Recipient's site. Equipment shall be maintained to be clean, safe, and mechanically sound. e) Recipient shall ensure that all drivers of rolling stock have a valid Oregon driver's license and shall have passed a defensive driving course or bus driver's training course. 3. Disposal a) Recipient shall notify ODOT of its intent to dispose of project equipment. Recipient's interest in equipment is defined to be a share of the fair market value in direct proportion to Recipient's contribution toward purchase cost. b) Recipient shall follow ODOT's instructions regarding disposition which may include: Page 14 of 15 "Y' _........._'_.H...'_~...I~"_--.'__"'_.~M.._.....-'.,.,.".".""'_".-<-........., ODOT Agreement Number: 177 Small City and Rural Areas (5311) STP Transfer 1) Transfer of property to ODOT or another entity with compensation for Recipient's interest in the property; or, 2) Transfer to a separate entity with compensation for Recipient's interest; or, 3) Sale to the public with ODOT and Recipient dividing the proceeds of the sale according to their respective interest in the purchase cost. 4. Termination a) Upon disposition of all project property and equipment purchased, ODOT shall notify Recipient that agreement is terminated. b) For non-use of the equipment for more than ninety (90) consecutive calendar days, ODOT may, by written notice to Recipient, take possession and process its transfer or disposal. c) If this Agreement is terminated for cause Recipient shall deliver project property or equipment within twenty-four (24) hours to ODOT at its offices in Salem, or to another agreed upon location. ODOT shall transfer, sell or dispose of the property or equipment and distribute any funds due to Recipient. C. Planning Grants 1. Planning projects are subject to a 80/20 grant/match ratio meaning that the State contributes up to 80 percent of the approved project cost, not to exceed the Agreement Amount. In the event that actual cost differs from estimated cost, the following applies: a) Actual cost is less than estimated cost - The State shall contribute up to 80 percent of the actual cost. b) Actual cost is more than estimated cost - The State's contribution is limited to 80 percent of the actual cost or the Agreement Amount, which ever is less. The recipient may elect to contribute local money and continue the project, or discontinue the project. 3. To receive reimbursement as described in ODOT Obligations, paragraph A, recipient shall submit quarterly progress reports. ODOT reserves the right to request such additional information as may be necessary to comply with federal or state reporting requirements. Request for final payment shall include a detailed statement of revenues and expenditures for the projects, including documentation of local match contributions, and a copy of the final draft plan. 4. When consultants are used for planning projects, all third party contracts and agreements shall be submitted to ODOT for review and approval prior to advertisement and execution. Recipient shall submit a copy of all executed third party agreements to ODOT. Page 15 of 15 "-"'yo.. _ "