Res 1504 - Gr Agmt #16563
COUNCIL BILL NO. 1917
RESOLUTION NO. 1504
A RESOLUTION ENTERING INTO GRANT AGREEMENT NO: 16563 WITH THE STATE
OF OREGON AND AUTHORIZING THE MAYOR 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 capital
assistance funds for Fiscal Year 1998-99 under Title 49, United States Code, Chapter
53 and
WHEREAS. the State of Oregon, Department of Transportation, has been
designated to evaluate and select recipients of assistance and to coordinate grant
application. and
WHEREAS. the State of Oregon, Department of Transportation, has approved
the city application for $40.000 to provide 80% of the cost of a capital purchase 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: 16563,
which is affixed as Attachment n An 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 53 for the purpose of
supporting public transportation.
Section 2. That the Mayor of the City of Woodburn is authorized to sign said
agreement on behalf of the City.
Page 1-
COUNCIL BILL NO. 1917
RESOLUTION NO. 1504
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Approved as to form:l1'Y'(r- ~
City Attorney
r-;- :2 t - q~
Date
APPROVED: .1/.. ;J ~ l
NAN~IRKS:gy, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mar T ant, Recorder
City of Woodburn, Oregon
Page 2-
COUNCIL BILL NO. 1917
RESOLUTION NO. 1504
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July 27, 1998
July 28, 1998
July 28, 1998
July 28, 1998
EA Number: OR180015C56002
5311 Vehicle Purchase
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ODOT GRANT AGREEMENT No: 16563
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 OOOT to secure financial
assistance to complete the activities described in Exhibit A, 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 as
contained in ORS 323.455, ORS 391.800 through 391,830 and FTA Circular 9040,10
and 5010.1 B, From time to time these laws, rules and regulations may be amended
and ODOT reserves the right-tq ..qmend this Agreement if it is affected. ODOT will
provide thirty days notice of~irrip.~nding changes and will prepare a supplemental
Agreement incorporating the chahgesto'be executed by the parties,
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 $40,000, as described in Exhibit A, Project
Description and Budget.
2. This Agreement is to begin on July 1, 1998, or upon execution by all parties,
whichever is later and shall expire, unless otherwise terminated, pursuant to
this Agreement, on the date of disposal of the equipment purchased as
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EA Number: OR180015C56002
5311 Vehicle Purchase
described in Exhibit A. Purchase of equipment as described in Exhibit A must
be completed on or before June 30, 1999.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written,
The Oregon Transportation Commission on February 18, 1998, approved
Subdelegation Order No.2, in which the Director grants authority to the Branch and
Region Managers to approve and execute Agreements for projects included in the
Statewide Transportation Improvement Program,
Recipient: City of Woodburn
By
7'l~,.f/ :;Y~
Mayor
Date:
7 /~9/9r
,j /
Title:
Agency Address: 2"0 Montgomery street, Woodburn, OR 97071
STATE OF OREGON, by and through its Department of Transportation,
By: ~~ Date:~\1')11o
ctraig Gr. enle f
Title: Deputy Director, Transportation Development Branch
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EA Number: OR1800l5C56002
5311 Vehicle Purchase
I. RECIPIENT OBLIGATIONS
A. General Requirements
1. Recipient shall conduct activities that substantially conform to the
description in Exhibit A, 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 A without specific written approval from ODOT,
2. 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, 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 1964; (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.
3. 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.
4. 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,
5. 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,
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EA Number: OR180015C56002
5311 Vehicle Purchase
6. 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,
B. Audit Requirements
1. Annual Audit. Recipient shall, at Recipient's own expense, submit to
OOOT, Public Transit Section, 555 13th St. NE, Salem, OR 97310, 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. Said audit(s) shall meet the
standards for audits set out in OMB Circular A-133, Audits of States,
Local Governments, Non-profit Institutions. The Federal Transit
Administration (FTA) has not required an annual audit of a sub-recipient
when assistance is provided solely in the form of capital equipment
procured directly through OOOT.
2. Management letter. Recipient shall also, at Recipient's own expense,
submit to OOOT, Public Transit Section, 555 13th St. NE, Salem, OR
97310, 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.
3. Audits. Recipient acknowledges and agrees that OOOT, 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
OOOT to audit and review Recipient's financial records, management
and program systems, and any associated records,
4. Pre-Award and Post-Delivery Review, Every Recipient who purchases
rolling stock, other than sedans or unmodified vans, must certify that a
pre-award and post-deliver review has been conducted to assure
compliance with its bid specification, Buy America requirements, and
Federal Motor Vehicle Safety requirements as specified in the
"Conducting Pre-Award and Post-Delivery Reviews for Bus
Procurements" manual published in May, 1995 and 49 CFR Part 663.
Visual inspection and road testing is not required when purchasing
unmodified vans, cars, or ten or fewer buses. Purchase of more than
ten vehicles for the same Recipient requires in-plant inspection.
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EA Number: OR180015C56002
5311 Vehicle Purchase
C. Federal Requirements
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 Transportatioh (49 CFR 21, Subtitle A), issued pursuant
thereto. 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.
2. 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 party 37 and 38.
3, Recipient shall comply with FTA "Drug Free Workplace Requirement",
Title 49 C.F.R. 29,630
4. Recipient will manage and account for funds and property received
under this Agreement in accordance with the provisions of Office of
Management and Budget Circular A-102, "Uniform Administrative
Requirement for Grants-in-Aid to State and Local Governments", Office
of Management and Budget Circular A - 87, "Cost Principles for State
and Local Government", and 49 CFR Part 18,
5, 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 subagreements. No
member or delegate to the Congress of the United States of State of
Oregon employee shall be admitted to any share or part of this
Agreement or any benefit arising therefrom.
6. Recipient will correct any condition which State or FTA believes
"creates a serious hazard of death or injury" in accordance with
Section 22 of the Federal Transit Act of 1964, as amended,
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