Res 1555 - Grant Agrmt #17518
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COUNCIL BILL NO. 1994
RESOLUTION NO. 1555
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 17518 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 has applied for public transportation
operating 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
$35,204 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. 17518,
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.
Page 1-
COUNCIL BILL NO. 1994
RESOLUTION NO. 1555
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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~ ~ ~
City Attorney
Vf-q-Cj~
Date
Richard Jenning ,
Passed by the Council
September 13. 1999
September 14, 1999
September 14, 1999
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
September 14. 1999
ATTEST:
f1 ~
Mary ~nt, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. ~994
RESOLUTION NO. 1555
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ODOT Agreement Number: 1'1.
Small City and Rural Areas (5311) Operating
PUBLIC TRANSIT DIVISION
OREGON DEPARTMENT OF TRANSPORTATION
ODOT GRANT AGREEMENT No. 17518
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 "OnOT"; 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.
RECITALS
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 1999 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 1999. 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 $35,204, as described in Exhibit B, Project Description and Budget.
2. This Agreement is to begin on July 1, 1999, or upon execution by all parties, whichever is later
and shall expire on June 30, 2000.
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ODOT Agreement Number: 1/ _ _
Small City and Rural Areas (5311) Operating
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals as of the day and
year hereinafter written.
The Director delegates day-to-day authority to Deputy Directors, Division Managers, Branch and
Region Managers and their respective branch or region, which includes the authority to approve and
execute personal service contracts and intergovernmental agreements up to $75,000 to the following
ODOT managers when the work is related to a project included in the STIP or in other system plans
approved by the Oregon Transportation Commission (e.g. Oregon Aviation Plan, Oregon Traffic
Safety Performance Plan), or in a line item in the biennial budget approved by the Director. In the
event of an extended absence, a designee may be authorized, in writing, to sign contracts on their
behalf.
~.~
Name Richard en ings
Oregon Department of Transportation
Public Transit Division
555 13th St. NE, Suite 3
Salem, Oregon 97301-4179
Martin W. Loring, Manager - Public Transit
Division
Mayor 't / I ~ J'late'
Title ^ p /'-... D
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Recipients Legal Counsel
1-1-'14
Date
Date
~~~~
NameMary ennant
City Recorder
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, D te
Title
Name
Title
Date
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ODOT Agreement Number: 1 ',_ J
Small City and Rural Areas (5311) Operating
Agreement 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 QDOT 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.f?;ov
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
of the 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.
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,
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Small City and Rural Areas (5311) Operating
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
ofrecipient 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 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.
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.).
11. Recipient shall complete all purchases of property or equipment prior to the expiration
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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 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. 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-l33, 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.
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
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Small City and Rural Areas (5311) Operating
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
. Announcements on vehicles of stops on fixed-route systems
. Vehicle identification system
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. 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 of the 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 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.
8. 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. If non-
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
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particular application or bid and seeking a congressional earmark.
9. 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 OOOT. 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. OOOT 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. 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
ODOT's current appropriation or limitation of current biennial budget.
C. OOOT 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.
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 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
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Small City and Rural Areas (5311) Operating
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.
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. 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
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 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.
D. Recipient acknowledges and agrees that ODOT, the Secretary of State's Office ofthe
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
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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 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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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:
OR18X016056 N/A
Total Federal Funding Total State Funding
$35,204 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
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Exhibit B
Part I
Project Description and Budget
Project Description Agreement Local Total
Amount Share
Operating Expenses I City of $35,204 $35,204 $70,408
Woodburn*
TOTAL $35,204.00 $35,204.00 $70,408.00
*Operating expenses include administrative costs as well as direct operational costs.
Expenses eligible for reimbursement are for the time period July 1, 1999 through June 30, 2000.
Upon written agreement between ODOT and the Recipient, a portion of operations funding may be
reallocated to capital at any time during the agreement period.
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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 OOOT 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. OOOT 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) OOaT may, with parties' mutual consent, purchase equipment on Recipient's
behalf.
b) This project is subject to an 80/20 grant/match ratio meaning that OOaT
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:
1) Actual cost is less than estimated cost - The State shall contribute up to 80
percent of the actual cost.
2) 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.
c) Recipient shall be shown as the owner on the equipment title. aOaT 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 aoaT as the
first security interest holder, Recipient shall pay any expenses to re-submit the
necessary documents to OMV.
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c) Recipient shall bear the cost of insuring vehicles purchased under this
agreement. Recipient shall maintain, in amounts and form satisfactory to OOOT,
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 quarterly
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 OOOT,
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 OOOT 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 OOOT's instructions regarding disposition which may
include:
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ODOT Agreement Number: 1/.
Small City and Rural Areas (5311) Operating
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 80120 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.
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ODOT Agreement Number: 1',
Small City and Rural Areas (5311) Operating
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.
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