Res 1733 - Grant Agrmt #20836
COUNCIL BILL NO. 2469
RESOLUTION NO. 1733
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 20836 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
operating assistance funds for Federal Fiscal Year 2003 under Title 49, United States
Code, Chapter 5311, Small City and Rural Area 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 Area 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
$46,292 in operating expenses 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. 20836,
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 5311 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. 2469
RESOLUTION NO. 1733
Approved as to form~''Y? ;00
City Attorney
~... g - 2' 00 j
Date
APPROVED:
Ka
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
August 11, 2003
August 13, 2003
August 13, 2003
August 13, 2003
ATTEST: IY1.n.,AJ.--~
Ma!;-rQnant, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2469
RESOLUTION NO. 1733
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
ODOT GRANT AGREEMENT No. 20836
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,
hereinafter referred to as the "Project", attached hereto and by this reference made a part hereof.
RECIT ALS
1. By the authority granted in ORS 190.11 0 and 283.11 0, 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.
2. This Agreement is based upon, and is subject to, Oregon Revised Statutes (ORS), Oregon
Administrative Rules, and Federal Transit Administration (FT A) regulations such as those
contained in ORS 323.455, ORS 391.800 through 391.830 and FTA Circular 9040.1E
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.
3. The following documents, Agreement Obligations and General Provisions, Exhibits A:
Financial Information, and Exhibits B: Project Description and Budget are attached
hereto and by this reference made a part of this grant Agreement. The following document is
incorporated by reference: Fiscal Year 2003 Annual List of Certifications and Assurances
for Federal Transit Administration Grants and Cooperative Agreements. These
certifications and assurances are used in connection with all Federal assistance programs
administered by FTA during Federal Fiscal Year 2003. These certifications and assurances
include all annual certifications required by 49 USC 9 5311 Nonurbanized Area Formula
Program.
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. Estimated total project cost is $92,584.00. Maximum allowable reimbursement shall be
either 50% of allowable costs or $46,292.00, whichever is less.
2. This agreement is to begin on July 1, 2003 and shall expire, unless otherwise terminated,
on June 30, 2004.
Page 1 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
IN WITNESS WHEREOF, the parties have set their hands as of the day and year hereinafter
written.
The Oregon Transportation Commission on February 13, 2002, approved Delegation Order No.2,
which authorizes the Director to approve and execute agreements for day-to-day operations when
the work 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 January 30, 2002 the Director approved Subdelegation Order No. 14, which delegates the
authority to conduct the following day-to-day operations to the Public Transit Division Manager:
Execute Oregon Transportation Commission intergovernmental agreements and grants
for special payments 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 Manager will maintain a listing of all intergovernmental
agreements and grants and submit a quarterly report to the OTe.
City of Woodburn
270 Montgomery Street
Woodburn, OR 97070
Oregon Department of Transportation
Public Transit Division
555 13th S1. NE, Suite 3
Salem, Oregon 97301-4179
c:V~/
Signature (Legally designated representative)
Martin W. Loring
John C. Brown
Name (printed or typed)
City ^dminiotr~tor
Title
Manager
Title
Date
r/-(Z~3
Date
Recipient's Legal Counsel Date
(If required in local process only)
Name (printed or typed)
Signature
Name (printed or typed)
Title
Date
Page 2 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
Ae:reement Oblie:ations and General Provisions
I. RECIPIENT OBLIGATIONS
A. General Requirements
1. Recipient shall conduct activities in accordance with Exhibit B, Project
Description and Budget. Recipient shall notify ODOT in writing of changes in the
Project prior to performing any changes and will not perform any changes to the
Project 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 Oregon Administrative Rules
Chapter 125 for the Oregon Department of Administrative Services and Oregon
State Law and in conformance to FT A Circular 4220.1D, 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 in-
state 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 and engineering procurements are based on Brooks Act
procedures unless the State of Oregon has adopted a statute that governs
such procurements.
Recipient is responsible for submission of any draft sub-agreements and contracts
associated with this Agreement to ODOT for review and approval. Best Practices
Procurement Manual, a technical assistance manual prepared by the FT A, is
available on the FTA 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 of ORS 279.312, 279.314, 279.316,
279.320, and 279.555. Without limiting the generality ofthe foregoing, Recipient
expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii)
Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities
Act of 1990 and ORS 659A.142; (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.
4. Recipient shall maintain all required records for at least three years after ODOT's
final payment.
Page 3 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
5. To receive reimbursement as described in Section II, Paragraph A of ODOT
obligations, Page eight 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. ODOT 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 fiscal 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 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, ODOT , 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 shall perform the services 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 retirement contributions, workers' compensation, unemployment
taxes, and state and federal income tax withholdings.
8. 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. Recipient shall ensure that
each of its contractors complies with these requirements.
9. 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.
10. 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 of the United
States or State of Oregon employee shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.
Page 4 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
11. 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 ODOT if at any time it learns that this
certification is erroneous when submitted or if circumstances have changed (new
personnel, indictments, convictions, etc.).
12. Any recipient of grant funds, pursuant to this Agreement with ODOT, 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 ODOT to return funds to
the Federal Transit Administration, hold harmless and indemnify ODOT 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
1. 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, a copy
of its A-133 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. Recipients receiving less than $300,000 in Federal funds 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; and a copy of the management letter and any
report that accompanies the annual audit covering the funds expended under this
Agreement.
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 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 are 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
Page 5 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
Master Agreement is available upon request from Public Transit Division by calling
(503) 986-3300 or accessing the FT A website: www:fta.dot.gov/library/legal
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.
1. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 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.
2. Recipient shall comply with FTA regulations in Title 49 CFR 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.
3. Recipient has, or will have, the necessary legal, financial, and managerial
capability to apply for, receive, and disburse Federal assistance authorized for 49
USC ~ 5311; and to implement and manage the Project.
4. Recipient has, to the maximum extent feasible, coordinated with other
transportation providers and users, including social service agencies authorized to
purchase transit service.
5. Recipient has complied with the transit employee protective provisions of 49 USC
5333(b ).
6. Recipient will comply with applicable provisions of 49 CFR part 605 pertaining to
school transportation operations. "Tripper services" that are part of the routine
schedule and are open to the general public are not considered to be school bus
servIces.
7. Recipient will correct any condition which ODOT or FT A believes "creates a
serious hazard of death or injury" in accordance with Section 22 of the Federal
Transit Act of 1964, as amended.
8. Recipient will comply with the applicable provisions of 49 CFR part 26 related to
Disadvantaged Business Enterprises and report quarterly to ODOT. 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
Page 6 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
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."
9. Recipient has certified to ODOT 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.
10. 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 of 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 Recipient shall 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.
11. 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 Alcohol Misuse and Prohibited Drug Use
in Transit Operations (49 CFR part 655); and Procedures of Transportation
Workplace Drug and Alcohol Testing Programs (49 CFR part 40). 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 USC 552.
II. ODOT OBLIGATIONS
A. ODOT shall reimburse eligible costs incurred in carrying out the Project subject to the
amounts shown in the Terms of Agreement.
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 appropriated limitation within the current biennial budget.
C. ODOT reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate information concerning Recipient's activities. ODOT reserves
the right to reallocate any portion of the Agreement amount which ODOT reasonably
believes will not be used by Recipient within the Terms of Agreement.
Page 7 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
III. GENERAL PROVISIONS
A. 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. Any termination of this Agreement shall not prejudice any rights
or obligations accrued to the parties prior to termination.
1. 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. If ODOT fails to receive funding, or appropnatlOns, 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 the 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 activities described in Exhibit B of the
Agreement are no longer allowable or no longer eligible for funding proposed by
this Agreement; or
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
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.
B. 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.
Page 8 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
c. This Agreement may be revised or amended by a supplemental written agreement
between the parties and executed with the same formalities as this Agreement.
D. 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 of ODOT to enforce any provision of this Agreement shall not constitute a
waiver by ODOT of that or any other provision.
Page 9 of 11
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
EXHIBIT A
FY 2002 - 03 FINANCIAL INFORMATION
The information below will assist auditors to prepare a report in compliance with the
requirements ofthe Office of Management and Budget (OMB) Circular A-133.
Th'
t' fi
db th fi d'
() . d' t db 1
IS gran IS mance y e un mg source s as mIca e e ow:
Federal Program State Program Title
Title N/A
Federal Funds Available through:
49 USC 5311 Small City and Rural Areas
Program
Federal Catalogue Number:
20.509
Federal Grant Number: State Grant Number:
OR184020 N/A
Total Federal Funding Total State Funding
$46,292.00 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, Suite 3142 Mill Creek Building
Federal Building 555 13th Street NE, Suite 3
915 Second Avenue Salem, OR 97301-4179
Seattle, W A 98174
Pagel00fll
ODOT Agreement Number: 20836
Small City and Rural Areas (5311) Operating
Exhibit B
Part I
Project Description and Budget
Proj ect Description (1) Agreement Amount Local Total
Share
STIP Key # 11345 $46,292.00 $46,292.00 $92,584.00
Operating for City of
Woodburn
TOTAL $46,292.00 $46,292.00 $92,584.00
Pro.lect Description
Operating funds for City of Woodburn general public fixed route transportation service. Service
hours ate Monday-Friday, 9:00 a.m. to 5:00 p.m. The city also provides a complementary paratransit
demand responsive service that serves the general elderly disabled residents of the city as well as ADA
eligible riders. This dial-a-ride demand response service is subsidized by state Special Transportation
Fund support dedicated for elderly/disabled transportation service.
Performance Measures for FY 2003-04
Current Anticipated % Increase or Decrease
FY 2003 FY 2004
Total Passenger One- W av 34,476 38,000 1 % increase
E & D One-WavTrips 11, 179 12,300 1 % increase
Non- E & D One-Way Trips 11,176 12,300 1 % increase
Revenue Service Miles 75,686 82,600 No change
Revenue Operation Hours 5,678 6,200 1 % increase
Page 11 of 11