Res 1752 - Transit Grant
COUNCIL BILL NO. 2506
RESOLUTION NO. 1752
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 21575 WITH THE STATE
OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, the State of Oregon acting through the Oregon Transportation
Commission is authorized to enter into agreements and disburse funds for the purpose of
supporting public transportation pursuant to ORS 184.670 to 184.733, and
WHEREAS, the City of Woodburn applied for public transportation capital
assistance funds under Title 49, United States Code, Chapter 5310, Elderly and Persons
with Disabilities Capital 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 Elderly and Persons with Disabilities Capital 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
capital assistance for the City of Woodburn from Title 49, United States Code, Chapter
5310, Elderly and Persons with Disabilities Capital Program, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Grant Agreement No. 21575,
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 Title 49,
United States Code, Chapter 531 0, Elderly and Persons with Disabilities Capital Program
funds 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. 2506
RESOLUTION NO. 1752
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Approved as to form~'~ ~
City Attorney
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I
Date
APPR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ;tt~~~ ~
Ma~~ant, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2506
RESOLUTION NO. 1752
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April 26, 2004
Apri 1 27, 2004
April 28, 2004
April 28, 2004
ODOT Agreement Number: 21575
(5310) Capital
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
ODOT GRANT AGREEMENT No. 21575
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 190.110 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.
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 FT A Circular 9070.1 E
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 are attached hereto and by this reference
made a part of this grant Agreement. The following document is incorporated by reference:
Fiscal Year 2004 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 FT A during
Federal Fiscal Year 2004. These certi fications and assurances include all annual certi fications
required by 49 USC 9 5310 Elderly and Persons with Disabilities Capital 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 $50,000.00. Maximum allowable reimbursement shall be
either 89.73 % of allowable costs or $44,865, whichever is less.
2. This agreement is to begin on July 1, 2003 and shall expire, unless othetwise terminated, on
June 30, 2005.
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OOOT Agreement Number: 21575
(5310) Capital
3. It is mutually agreed and understood by ODOT and Recipient that Recipient may enter into
an agreement with one or more additional entities (SubRecipients) to complete the Project.
A. If SubRecipients are to be used, Recipient agrees to do so only through a signed written
agreement (Subagreement). Subagreements shall incorporate and pass through all of the
requirements of this Agreement to any SubRecipieq.t. Use of a Subagreement does not
relieve the Recipient of its responsibilities to carry out the terms and conditions of this
Agreement.
B. Recipient also agrees to provide OOOT with a copy of any signed Subagreement within
30 days of execution. Any substantial breach of a term or condition of a Subagreement by
a SubRecipient relating to funds covered by this Agreement must be reported by Recipient
to ODOT within 10 days of its being discovered.
The use of Subagreements shall not apply to procurements of goods and services supplied
by subcontractors. Recipients and SubRecipients shall follow procedures described in
Section I, Recipient Obligations, paragraph A (2) of this Agreement for procurement
contracts used to buy goods and services from subcontractors.
SIGNATURE PAGE TO FOLLOW
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ODOT Agreement Number: 21575
(5310) Capital
IN 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 the Director to approve and execute agreements for day-to-day operations when
the work is related to a project included in the Statewide Trar-sportation Improvement Program or
a line item in the biennial budget approved by the Commission.
On March 18, 2004 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 St.
Woodburn, OR 970171
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
~~~~
Signature (Legally designated representative)
John C. Brown
Name (printed or typed)
Martin W. Loring
Administrator
Title
Date
Recipient's Legal Counsel
(If required in local process only)
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Date
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I I Date
City Administrator
Title
'//~~
N. Robert Shields
Name (printed or typed)
Signature
Name (printed or typed)
Title
Date
Revised 03!04
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o DOT Agreement Number: 21575
(5310) Capital
A1!reement Obli1!ations and General Provisions
I. RECIPIENT OBLIGATIONS
A. General Requirements
4. 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.
5. 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 4220.1 E, 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 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 of ORS 279.312,279.314,279.316,
279.320 and 279.555, which hereby are incorporated by reference. Without
limiting the generality of the foregoing, Recipient expressly agrees to comply with
(i) Title VI of Civil Rights Act of 1964; (ii) Sections V and 504 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.
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ODOT Agreement Number: 21575
(5310) Capital
4.Recipient shall maintain all required records for at least three years after ODOT's
final payment.
5. To receive reimbursement as described in Section II, of this Agreement.
Recipient shall submit quarterly progress reports. Reports shall include a detailed
statement of revenues and expenditures for eath 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.
Notwithstanding the foregoing defense obligations under Paragraph 6, neither
Agency nor any attorney engaged by Agency shall defend any claim in the name
of the State of Oregon or any Agency of the State of Oregon, nor purport to act as
legal representative 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 Agency is prohibited from defending the State of Oregon, or that
Agency is not adequately defending the State of Oregon's interests, 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 reserves all rights to pursue any
claims it may have against Agency if the State of Oregon elects to assume its own
defense.
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.
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OOOT Agreement Number: 21575
(5310) Capital
8. All employers, including Recipient, that employ subject workers who work under
this Agreement in the State of Oregon shall comply with ORS 656.017 and provide
the required Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. Recipient shall ensure that each of its subcontractors
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.
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 OOOT if at any time it learns that this
certification is erroneous when submitted or if circumstances have changed (new
personnel, indictments, convictions, etc.).
12. Recipient shall permit OOOT, 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 of the 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.
13. Recipient may request that OOOT purchase equipment on Recipient's behalf, and
OOOT may so purchase if mutually agreed to. Recipient shall complete all
purchases of property or equipment prior to the expiration date of this Agreement.
[f local circumstances prevent the purchase by the specified date, at least 45 days
prior to the expiration of the Agreement, the Recipient will notify OOOT in
writing of the delay and provide a reason for the delay. Contract amendment for
time will be considered in extenuating circumstances.
14. Recipient shall be shown as the owner on the equipment title if Recipient is the
operator of the vehic1e(s) purchased under this Agreement. [f Recipient contracts
the operation of the vehicle(s) to a third party then the third party shall be shown as
the owner with the Recipient Iistcd as the second security interest holder. [n all
cases OOOT shall be shown as the first security interest holder on the vehicle title.
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ODOT Agreement Number: 21575
(5310) Capital
If Recipient fails to show ODOT as the first security interest holder, Recipient
shall pay any expenses to re-submit the necessary documents to Department of
Motor Vehicles.
15. 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 Division as "Additional Insured."
16. Recipient shall submit an annual vehicle inspection report to the ODOT - Public
Transit Division. Vehicle inspections shall be conducted by a vehicle maintenance
technician certified by a nationally recognized organization in the field of vehicle
service and maintenance. Reports shall be submitted on forms covering required
areas of inspection provided by ODOT - Public Transit Division.
17. 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
I. 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 undcr 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 expcnded
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ODOT Agreement Number: 21575
(5310) Capital
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.
3. Recipient shall save, protect and hold harmless ODOT from the cost of any audits
or special investigations performed by the Oregon Secretary of State's Audits
Division in response to allegations with respect to the funds expended under this
Agreement. Recipient's liability for any costs incurred under this provision is not
limited to the grant amount defined by the Terms of Agreement, and is binding
whether or not the allegations are subtantiated. It is also mutually agreed and
understood that any audit costs incurred as a result of allegations of fraud, waste or
abuse are ineligible for reimbursement under this or any other agreement between
Recipient and ODOT.
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
Master Agreement is available upon request from Public Transit Division by calling
(503) 986-3300 or accessing the FTA 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 FT A 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.
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OOOT Agreement Number: 21575
(5310) Capital
3. Recipient shall comply with 49 CFR part 663 regarding Pre-Award and Post-
Delivery reviews. Every Recipient who purchases rolling stock must certify that a
pre-award and post-deliver review has been conducted in accordance with FT A
requirements. This review ensures compliance to bid specifications, Buy America
requirements when purchase is over $100,000, and Federal Motor Carrier Safety
Standards.
4. Recipient shall comply with 49 CFR sections 37.77(c) and 37.105 regarding
"Certification of Equivalent Service". If non-accessible vehicles are being
purchased for use by a public entity in demand responsive service for the general
public, OOOT will obtain from the subRecipient the required certification 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.
Recipient shall comply with the following service provisions, as appropriate:
. Maintenance of accessible features
. Procedures to ensure lift availability
. Lift and securement use
. 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
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 OOOT 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.
7. 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 grantec signs with the contractor (and each subcontract the primc contractor
signs with a subcontractor) must include the following assurance:
The contractor. subRecipient 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
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OOOT Agreement Number: 21575
(5310) Capital
contract, which may result in the termination of this contract or such other
remedy, as the Recipient deems appropriate."
8. Recipient and contractors receiving in excess of $100,000 in Federal funds must
certify to OOOT that they have not and will not use Federal funds to pay for
influencing or attempting to influence an <;>ffice 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. If non-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 OOOT 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.
9. All construction projects and purchases of real estate, with the exception of
passenger shelters, shall have a restrictive covenant filed with the property deed.
The restrictive covenant will limit the use of the building and property to the stated
purpose specified in the scope of work associated with this Agreement
II. ODOT OBLIGATIONS
A. OOOT shall reimburse eligible costs incurred in carrying out the Project subject to the
amounts shown in the Terms of Agreement.
B. OOOT certifies, at the time this Agreement is executed, that sufficient funds are
available and authorized for expenditure to finance costs of this Agreement within
OOOT's current appropriated limitation within the current biennial budget.
C. OOOT reserves the right to withhold payment of funds if there are unresolved audit
findings, or inadequate information concerning Recipient's activities. OOOT reserves
the right to reallocate any portion of the Agreement amount which OOOT 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. 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 OOOT, 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
speci fled herein or any extension thereof; or
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OOOT Agreement Number: 21575
(5310) Capital
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 OOOT fails to
correct such failures within 10 days or such longer period as OOOT may authorize;
or
3. If OOOT fails to receive appropriations, limitations or other expenditure authority
sufficient to allow OOOT, in the exercise of its reasonable administrative
discretion, to continue to make payments for performance of this 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
OOOT and which under the provisions of this Agreement would have required the
approval ofODOT; 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 shall keep proper and complete books of record and account and maintain all
fiscal records related to this Agreement and the Project in accordance with generally
accepted accounting principles, generally accepted governmental accounting standards
and state minimum standards for audits of municipal corporations. Recipient shall
ensure that each of its SubRecipients and subcontractors complies with these
requirements. Recipient acknowledges and agrees that OOOT, 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 OOOT.
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
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OOOT Agreement Number: 21575
(5310) Capital
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 an~ 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. .
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ODOT Agreement Number: 21575
(5310) Capital
EXHIBIT A
FY 2002 - 03 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 N/A
Federal Funds Available through:
49 U.S.c. 5310 Elderly and Persons with
Disabilities Capital Program
Federal Catalogue Number:
20.513
Federal Grant Number: State Grant Number:
OR160029
STIP Key No. 11629 Total State Funding
Total Federal Funding
$44,865
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 A venue Salem, OR 97301-4179
Seattle, W A 98174
Revised 0.1/04
Page 13 of 14
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ODOT Agreement Number: 21575
(5310) Capital
Exhibit B
Project
Project Budget Agreement Local Share Source of Total Project
Amount Local Match
Vehicle Purchase $44,865 $5,135 Local funds $50,000
TOT ALS $44,865 $5,135 $50,000
Project Description/Scope of Work
The sole purpose of this grant agreement is to provide funding to purchase the following
vehicle(s) to support transportation of the general public and elderly and people with disabilities.
Vehicle Purchase: Purchase one modified van/mini-van with approximately 9 seats and at least
one securement and all equipment and supplies necessary to put the vehicle(s) into service.
Associated costs incurred from the procurement process, delivery charges, and post-delivery
inspections are included in the reimbursable expenses associated with this Agreement.
Invoice Requirements: Copies of invoices must be submitted for all vendor charges.
Certification forms attesting to pre-award and post-delivery requirements must be provided
regarding Purchaser's Requirements, Buy America, and Federal Motor Vehicle Safety Standards
and Altoona Bus Testing Certification.
On any non-accessible vehicle purchase, a Certificate of Equivalent Service must be submitted
prior to final payment.
Expected order date: May 2004.
Expected delivery date: October 2004.
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