Res 1406 - Agrmt "Small City"
COUNCIL BILL NO. 1785
RESOLUTION NO. H06
A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE STATE OF OREGON,
DEPARTMENT OF TRANSPORTATION KNOWN AS THE "SMALL CITY OPERATING
AGREEMENT" FOR FISCAL YEAR 1996-97 AND AUTHORIZING THE MAYOR AND THE
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 operating assistance funds for
Fiscal Year 1996-97 under Title 49, United States Code, Section 5311 of the Federal
Transit Laws, 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 $16,700 from such funds, NOW THEREFORE;
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with the State of
Oregon acting by and through its Department of Transportation to secure Federal funds
through Title 49, United States Code, Section 5311 of the Federal Transit Laws, for
operating assistance during fiscal year 1996-97. Said agreement is attached hereto and
by this reference incorporated herein.
Section 2. That the Mayor and City Recorder of the City of Woodburn be authorized
to sign said agreement on behalf of the City.
APprovedastofor~~ ~ -:$-- ~o~ 11-
City Attorney Date
Page 1 -
COUNCIL BILL NO. U~5
RESOLUTION NO. 6
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
March 24, 1997
March 25, 1997
March 25, 1997
March 25, 1997
Filed in the Office of the Recorder
ATTEST:
Page 2 -
COUNCIL BILL NO. 1785
RESOLUTION NO. 1406
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1996-97
SMALL CITY OPERATING AGREEMENT
CITY OF WOODBURN
THIS AGREEMENT is made and entered into by and between the State of Oregon,
acting by and through its Department of Transportation, Public Transit Section,
hereinafter referred to as "State" and City of Woodburn hereinafter referred to as
"Recipient".
Purpose
Recipient, having submitted an application which describes the budget and the
activities to be conducted, enters into this Agreement with State to secure financial
assistance to complete the Operation project as put forth in the Project Description and
Budget as shown in Exhibit A.
Effective Date and Duration
This contract shall become effective on July 1, 1996 (or on the date at which every
party has signed this Agreement) and shall expire, unless otherwise terminated or
extended on June 30, 1997. The time period stipulated between the beginning date
and the end date shall hereinafter be known as the Term of Agreement.
Consideration
State agrees to pay Recipient a sum not to exceed $16,700 hereinafter to be known as
the Agreement Amount, for accomplishment of work and allowable expenses.
Compliance
State and Recipient agree to comply with applicable obligations, requirements, and
provisions as stipulated in Exhibit A and Exhibit 8.
Attachments As Marked,
Attached Hereto And By This Reference Made A Part Hereof.
~Exhibit A-Project Description and Budget
o Special Transportation Discretionary Fund
o Section 531 0 ~ Section 5311
~Exhibit B-Recitals and Obligations,
0Exhibit C-Section 5333 Warranty
~Exhibit D-Disadvantaged Business
Enterprise Statement
DExhibit E-FY 1996-97 Certifications, and
Assurances, for Federal Transit
Administration Assistance Programs and
Signature Page
DExhibit F-FT A Master Agreement
[gIExhibit G-Auditor's Information
The terms of this Agreement shall not be waived, altered, modified, supplemented, or
amended, in any manner whatsoever, except by written instrument signed by the parties.
PAGE 1 OF2
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This Agreement is approved by the Manager of the Transportation Development Branch
under authority granted from the Oregon Transportation Commission. This authority is set
forth in the current Oregon Transportation Commission Delegation Order No.2, which
was adopted by the Oregon Transportation Commission on April 12, 1995 and which
became effective on May, 1995
Woodburn
270 Montgomery St.
Woodburn Oregon 97071
Oregon Department of Transportation
Public Transit Section
555 13th St. NE, Salem Oregon 97310
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V~'7( d _ .~ ..At>i.0
!' Name .
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Namn '
Title
Mayor
Date 3/25/97 Tit1erD73 /l;h~
Datti- ;;:' ,? )
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RECIPIENT's Legal Counsel
Date 3/25/97
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Name '
Title City Recorder Date 3/25/97
Name
Title Date
FOR OFFICE USE ONLY
Recipient's contact for this Agreement is:
State's contact for this Agreement is:
Name
Telephone
Name
John
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Exhibit A
PART I
FY 1996-97 CITY OF WOODBURN
SMALL CITY OPERATING ASSISTANCE AGREEMENT
PROJECT DESCRIPTION
I. This a Title 49 Section 5311 Operating Assistance Agreement to sustain the
public transportation related activities provided by Recipient.
II. Recipient shall submit to State reports in a format as supplied by State. State
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 project,
including documentation of local match contributions.
III. Costs incurred in carrying out the project, subject to the grant limitations as
shown below, are eligible for reimbursement based on reports submitted by
Recipient. The State will reimburse up to eighty (80) percent of Recipient's
administration expenses, and up to fifty (50) percent of the net operating deficit
of Recipient's project.
IV. In the event that the actual cost of the approved project differs from the
estimated cost of the project, State and Recipient shall abide by the following:
A. Actual Project Cost is Less Than Estimated Project Cost
1. The State will reimburse up to eighty (80) percent of Recipient's
administration expenses, and up to fifty (50) percent of the net
operating deficit of Recipient's project up to the limit of the grant as
set out in the Agreement Amount regardless of project's actual
cost.
B. Actual Project Cost is More Than Estimated Project Cost
1. Recipients may elect to:
a. contribute local money and continue the project. State shall
contribute no more than the amount specified as the
Agreement Amount; or,
b. discontinue the project.
V. Recipient shall operate equipment under this Agreement to meet the
transportation needs of the clientele identified in Recipient's Application for
Assistance. However, the equipment may be made available for use by others
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as space is available, provided this use does not interfere with use by identified
clientele.
VI. Recipient shall maintain, in amounts and form satisfactory to State, such
insurance or self insurance as will be adequate to protect Recipient, vehicle
drivers and assistants, vehicle occupants, and project equipment throughout the
period of use. Recipient shall bear the cost of said insurance. At a minimum,
this shall include comprehensive and collision insurance adequate to repair or
replace project property and equipment in the event it is 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 insurance as required by ORS Chapter 806. Recipient
shall be responsible for all deductibles or self-insured retentions. Recipient shall
include the Oregon Department of Transportation, Public Transit Section, as
Additional Insured on the above insurance policies.
VII. Recipient shall operate project facilities and/or equipment in a high level of
cleanliness, safety, and mechanical soundness.
VIII. All drivers of equipment shall have a valid Oregon driver's license and shall have
passed a defensive driving course or bus driver's training course. Drivers of
equipment designed to carry sixteen (16) or more passengers, including the
driver, shall have a valid Commercial Driver's License (CDL).
IX. When applicable, State shall provide Recipient with guidelines to assist with the
project, as requested by Recipient, including the applicable state and federal
rules, regulations, and laws.
X. Recipient, in accepting this Agreement, certifys that neither Recipient nor its
principals is presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participating in this Agreement by any state
or federal agency or department.
XI. Recipient receiving $100,000 or more in Federal funds shall comply with Title 31
U.S.C. Section 1352, which prohibits the use of Federal funds for lobbying any
official or employee of any Federal agency, or member or employee of
Congress. In addition, even though Recipient uses no Federal funds for
lobbying, Recipient shall disclose any lobbying of any official or employee of any
Federal agency, or member or employee of Congress in connection with Federal
assistance, and to comply with USDOT regulations, "New Restrictions on
Lobbying," Title 49 C.F.R. Part 20.
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Exhibit A
PART II
FY 1996-97 CITY OF WOODBURN
SMALL CITY OPERATION ASSISTANCE AGREEMENT
OPERATING GOALS AND BUDGET
I. The performance objectives. listed below are repeated from the Recipients
application. These objectives are advisory and will not be used as a basis for
payment for this Agreement.
Operating Goals
Service Hours: 5,932
Service Mileage: 87,200
Rides: 45,500
II. The figures listed below reveal the allocation of this grant.
Operating Budget
Administrative Allocation $ 9,700
Operation Allocation 7,000
Total Allocation $16,700
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Exhibit B
PART I
RECITALS
I. 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.
II. The Governor of the State of Oregon in accordance with a request by the
Federal Transit Administration ("FTA") has designated State to evaluate and
select projects and to coordinate the grant application.
III. State certifies that sufficient funds are available in the State's current budget to
finance costs of the contract, provided, however, that continuation of this
contract, or any extension, after the end of the fiscal period (June 31, 1997) in
which it is written, is contingent upon a new appropriation for the succeeding
fiscal period for the purpose of this contract.
IV. Title 49 U.S.C. Section 5310 provides capital assistance funding to private, non-
profit organizations that meet the special needs of persons who are elderly and
disabled where mass transportation services are unavailable, insufficient or
inappropriate.
V. Title 49 U.S.C. Section 5311 provides for assistance funding in non urbanized
areas.
VI. Special Transportation Discretionary Fund provides assistance funding to
governing bodies that meet the transportation needs of individuals who are
elderly and persons with disabilities pursuant to ORS 323.455 and ORS 391.800
through 391.830.
VII. This Agreement is based upon and is subject to Oregon Revised Statutes,
Oregon Administrative Rules, and when applicable, regulations issued by FTA
pursuant to the specific funding source(s) of this Agreement. These laws and
regulations are contained in ORS 323.455, ORS 391.800 through 391.830 and
FTA Circular 9070.1C. From time to time, these laws, rules and regulations may
be amended. State reserves the right to amend this Agreement if it is affected.
State will provide thirty (30) days notice of impending changes and will prepare a
supplemental agreement incorporating the changes to be executed by the
parties to this Agreement.
VIII. Information concerning the financial assistance and financial assistance source
used to finance this grant is shown in Exhibit G.
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PART II
RECIPIENT OBLIGATIONS
I. Recipient shall conduct activities which substantially conform to the description
contained in Exhibit A, Project Description and Budget. Recipient shall notify
State in writing of changes in these activities.
II. Recipient shall request, receive, and disburse funds authorized under this
Agreement to conduct and/or complete the project activities approved by the
State and the Oregon Transportation Commission as described in Exhibit A,
Project Description and Budget.
III. Recipient shall permit State, the Secretary of State of Oregon, the Comptroller
General of the United States, the Secretary of the United States Department of
Transportation, or their authorized representatives, upon reasonable notice, to
inspect all vehicles, real property, facilities, equipment purchased by Recipient
as part of the project, and/or the transportation' services rendered by Recipient,
and/or any subcontractor acting on Recipient's behalf as applicable. Recipient
shall permit the above named persons to audit the books, records, and accounts
of Recipient relating to the project.
IV. Recipient shall maintain all required records for at least three (3) years after
State's final payment, final disposition of grant-financed property or equipment,
and all other pending matters have been resolved, whichever comes later.
V. Recipient shall submit proposed third party agreements relating to provision or
operation of transit service to State for review. State shall cQncur, or otherwise
respond to Recipient, in writing within thirty (30) working days.
VI. Recipient's purchasing documents and contracts financed by this Agreement
must contain provision, clauses or conditions relating to the material below.
A. Contracts for more than $25,000 should contain provision for
administrative, contractual, or legal remedies in instances where
contractors violate or breach contract terms. These provisions should
provide for such sanctions and penalties as may be appropriate.
8. Contracts for more than $10,000, should contain provision for termination
for cause and for convenience by the Recipient including the manner by
which it will be effected and the basis for settlement.
C. Every public contract (purchases of supplies and equipment, public works
contracts, and contracts for personal services) must contain a clause or
condition that relates to the material below.
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1. All employers working under the contract are subject employers
that will comply with ORS 656.017 this prescribes the means by
which employers must "maintain assurance" that their subject
workers will receive compensation for compensable injuries under
the Workers' Compensation Law.
2. Notice of requirements and regulations pertaining to reporting.
3. Access by the State, Recipient, FT A, the Comptroller General of
the United States, or any of their duly authorized representatives to
any books, documents, papers, and records of the contractor which
are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
4. Retention of all required records for three (3) years after Recipient
makes the final payment and all other pending matters are closed.
VII. The Recipient specifically agrees that the provisions of ORS 279.312, 279.314,
279.316,279.320 and 279.733 shall govern the performance of this Agreement
and any subcontracts entered into under this Agreement.
VIII. 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, or actions
of whatsoever nature resulting from or arising out of the activities of Recipient or
its subcontractors, agents or employees under this contract. Recipient shall not
be required to indemnify the State for any such liability arising out of the
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.
IX. 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 shall complete all purchases of project property or
equipment prior to the ending date of this Agreement.
X. 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), 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.
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XI. Recipient shall Comply with FTA regulations 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 part 37 and 38.
XII. Recipient shall provide transportation services to persons who are elderly and
disabled that can be used effectively. Recipient will exclude no person on the
basis of a disability from the benefits of aid received under this Agreement, as
required in Title 49 C.F.R. Part 27.
XIII. Recipient, all subcontractors if an~, and all employers working under this
Agreement are subject employers under the Oregon Worker's Compensation
Law and shall comply with ORS 656.017, which requires employers to provide
worker's compensation coverage for all subject workers.
XIV. Recipient shall Comply with FTA "Drug-Free Workplace Requirements", Title 49
C.F.R. 29.630.
XV. 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 Governments", and 49 CFR Part 18.
XVI. 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 or State of Oregon employee shall be admitted to
any share or part of this Agreement or any benefit arising therefrom.
XVII. 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.
XVIII. This Agreement shall be executed by those officials authorized to execute this
agreement on the recipient's behalf. In the event Recipient's governing body
delegates signature of the agreement, Recipient shall attach to this Agreement a
copy of the motion or resolution which authorizes said officials to execute this
Agreement, and shall also certify its authenticity.
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XIX. Audit Requirements.
A. Audit. Recipient shall, at Recipient's own expense, submit to the audit
agency assigned by the State of Oregon, Executive Department,
Accounting Division an annual audit covering the monies 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 audit set out in ORB Circular A-128, Audits of
State and Local Governments or OMB Circular A-133, Audits of
Institutions of Higher Education and Nonprofit Organizations.
B. Pre-Grant-Award. Recipient shall permit State to conduct at State's own
expense a pre-grant-award audit of Recipient's financial and management
systems. Such pre-grant-award audit will ensure that Recipient's financial
management procedures -comply with the state and federal requirements
applicable to this Agreement. Funds available under this Agreement
cannot be requested by Recipient until such time as the pre-grant-award
audit has been completed.
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PART III
STATE'S OBUGA TIONS
I. State shall reimburse eligible costs incurred in carrying out the project subject to
the grant limitation set out in Exhibit A. Such reimbursement shall not exceed
the Agreement Amount. Reimbursement to Recipient shall be made on the
basis of a report which shall 'be compiled and submitted to State in the format
supplied by State. Said reimbursement may be subject to the satisfactory
completion of an audit of this grant. Project funds beyond those required to
match this grant shall be considered to be non-participating funds for the
purpose of federal-aid matching requirements.
II. State reserves the right to withhold payment of funds if all required reporting has
not been submitted, or if there are any unresolved audit findings.
III. State reserves the right to reallocate any portion of the Agreement Amount
which, based upon State's estimates, will not be used during the Term Of
Agreement.
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Part IV
GENERAL OBLIGATIONS
I, State and Recipient agree to comply with any additional provisions, clauses or
conditions as shown in Exhibit A.
II. This Agreement may be revised or amended by a supplemental written
agreement between the parties and executed with the same formalities as this
Agreement.
III. Termination.
A. The State may terminate the project and cancel the agreement in whole or
in part whenever:
1. The requisite st~te and/or federal funding becomes
unavailable through failure of appropriation or otherwise; or,
2. The requisite local funding to continue this project becomes
unavailable to Recipient; or,
3. Federal or State Laws, rules, regulations 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,
4. Both parties agree that continuation of the Project would not
produce results commensurate with the further expenditure
of funds.
B. The State may, by written notice to Recipient, terminate the Project and
cancel the agreement for any of the following reasons:
1. Recipient takes any action pertaining to this Agreement
without the approval of State and which under the provisions
of this Agreement would have required the approval of
State; Of,
2. The commencement, prosecution, or timely completion of
the Project by Recipient is, for any reason, rendered
improbable, impossible, or illegal; or,
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3. Federal or State laws, rules, regulations or guidelines are
modified, changed, or interpreted in such a way that the
financial assistance provided for in this Agreement is no
longer allowable or is no longer eligible for funding proposed
by this Agreement; or,
4. Recipient is in default under any provision of this Agreement.
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Exhibit C
SPECIAL SECTION 5333 WARRANTY
The following language shall be made part of the contract of assistance with the State
or other public body charged with allocation and administration of funds provided under
49 U.S.C., Section 5311:
A. General Application
The Oregon Department of Transportation (State) agrees that, in the absence of
waiver by the Department of Labor, the terms and conditions of this warranty, as
set forth below, shall apply for the protection of the transportation related
employees of any employer providing transportation services assisted by the
Project ("Recipient"), and the transportation related employees of any other..
surface public transportation providers in the transportation service area of the
project.
The State shall provide to the Department of Labor and maintain at all times
during the Project an accurate, up-to-date listing of all existing transportation
providers which are eligible Recipients of transportation assistance funded by the
Project in the transportation service area of the Project, and any labor
organizations representing the employees of such providers.
Certification by the State to the Department of Labor that the designated
Recipients have indicated in writing acceptance of the terms and conditions of
the warranty arrangement will be sufficient to permit the flow of Section 5311
funding in the absence of a finding of non-compliance by the Department of
Labor.
B, Standard Terms and Conditions
(1) The Project shall be carried out in such a manner and upon such terms
and conditions as will not adversely affect employees of the Recipient and
of any other surface public transportation provider in the transportation
service area of the Project. It shall be an obligation of the Recipient and
any other legally responsible party designated by the State to assure that
any and all transportation services assisted by the Project are contracted
for and operated in such manner that they do not impair the rights and
interests of affected employees, The term "Project." as used herein, shall
not be limited to the particular facility, service, or operation assisted by
Federal funds, but shall include any changes, whether organizational,
operational, technological, or otherwise, which are a result of the
assistance provided. The phrase "as a result of the Project" shall when
used in this arrangement, include events related to the Project occurring
in anticipation of, during, and subsequent to the Project and any program
of efficiencies or economies related thereto; provided, however, that
volume rises and falls of business, or changes in volume and character of
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(2) (a)
(2) (b)
employment brought about by causes other than the Project (including
any economies or efficiencies unrelated to the Project) are not within the
purview of this arrangement.
An employee covered by this arrangement, who is not dismissed,
displaced or otherwise worsened in this position with regard to his
employment as a result of the Project, but who is dismissed, displaced
otherwise worsened solely because of the total or partial termination of
the Project, discontinuance of Project services, or exhaustion of Project
funding shall not be deemed eligible for a dismissal or displacement
allowance within the meaning of paragraphs (6) and (7) of the Model
agreement or applicable provisions of substitute comparable
arrangements.
Where employees of a Recipient are represented for collective
bargaining purposes, all Project services provided by that Recipient
shall be provided under and in accordance with any collective
bargaining agreement applicable to such employees which is then
in effect.
The RECIPIENT or legally responsible party shall provide to all
affected employees sixty (60) days' notice of intended actions
which may result in displacement or dismissals or rearrangements
of the working forces. In the case of employees represented by a
union, such notice shall be provided by certified mail through their
representatives, The notice shall contain a full and adequate
statement of the proposed changes, and an estimate of the number
of employees affected by the intended changes. and number and
classifications of any jobs in the Recipient's employment available
to be filled by such affected employees.
(2) (c) The procedures of this subparagraph shall apply to cases where
notices involve employees represented by a union for collective
bargaining purposes. At the request of either the Recipient or the
representatives of such employees negotiations for the purposes of
reaching agreement with respect to the application of the terms and
conditions of this arrangement shall commence immediately. If no
agreement is reached within twenty (20) days from the
commencement of negotiations, any party to the dispute may
submit the matter to dispute settlement procedures in accordance
with paragraph (4) of this warranty. The foregoing procedures shall
be complied with and carried out prior to the institution of the
intended action.
(3) For the purpose of providing the statutorily required protections including those
specifically mandated by 49 U.S.C, Section 53111, the State will assure, as a
Such protective arrangements shall include, without being limited to. such provisions as may be necessary
for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and
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condition of the release of funds, that the Recipient agrees to be bound by the
terms and conditions of the National (Model) Section 5333 Agreement executed
July 23, 1975, identified below2, provided that other comparable arrangements
may be substituted therefor, if approved by the Secretary of Labor and certified
for inclusion in these conditions.
(4) Any dispute or controversy arising regarding the application, interpretation, or
enforcement of any of the provisions of this arrangement which cannot be settled
by and ,between the parties to any final and binding disputes settlement
procedure acceptable to the parties, or in the event they cannot agree upon such
procedure, to the Department of Labor or an impartial third party designated by
the Department of Labor for final and binding determination. The compensation
and expenses of the impartial third party, and any other jointly incurred
expenses, shall be borne equally by the parties to the proceeding and all other-
expenses shall be paid by the party incurring them. In the event of any dispute
as to whether or not a particular employee was affected by the Project, it shall be
his obligation to identify the Project and specify the pertinent facts of the Project
relied upon. It shall then be the burden of either the Recipient of these
conditions to prove that factors other than the Project affected the employees.
The claiming employee shall prevail if it is established that the Project had an
effect upon the employee even if other factors may also have affected the
employee.
(5) The Recipient or other lega.lly responsible party designated by the State will be
financially responsible for the application of these conditions and will make the
necessary arrangements so that any employee covered by these arrangements,
or the union representative of such employee, may file claim of violation of these
arrangements with the Recipient within sixty (60) days of the date he is
terminated or laid off as a result of the Project, or within eighteen (18) months of
the date his position with respect to his employment is otherwise worsened as a
result of the Project. In the latter case, if the events giving rise to the claim have
occurred over an extended period, the 18-month limitation shall be measured
from the last such event. No benefits shall be payable for any period prior to six
(6) months from the date of the filing of any claim.
(6) Nothing in this arrangement shall be construed as depriving any employee of any
rights or benefits which such employee may have under existing employment or
benefits) under existing collective bargaining agreements or otherwise; (2) the continuation of collective
bargaining rights; (3) the protection of individual employees against a worsening of their positions with
respect to their employment; (4) assurances of employment to employees of acquired mass transportation
systems and priority of reemployment of employees terminated or laid off; and (5) paid training and
retraining programs, Such arrangements shall include provisions protecting individual employees against a
worsening of their positions with respect to their employment which shall in no event provide benefits less
than those established pursuant to Section 5(2)(1) of the Act of February 4, 1887 (24 State. 379). as
amended.
2
For purposes of this warranty arrangement, paragraphs (1); (2); (5); (15); (22); (23); (24); (26); (27); (28);
and (29) of the Model Section 5333 Agreement, executed July 23, 1975 are to be omitted.
C-3
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collective bargaining agreements, nor shall this arrangement be deemed a
waiver of any rights of any union or of any represented employee derived from
any other agreement or provision of federal, state or local law.
(7) In the event any employee covered by these arrangements is terminated or laid
off as a result of the Project, he shall be granted priority of employment or
reemployment to fill any vacant position within the control of the Recipient for
which he is, or by training or retraining within a reasonable period, can become
qualified. In the event training or retraining is required by such employment or
reemployment, the Recipient or other legally responsible party designated by the
State shall provide or provide for such training or retraining at no cost to the
employee.
(8) The Recipient will post, in a prominent and accessible place, a notice stating that-
the Recipient has received federal assistance under the Federal Transit Act and
has agreed to comply with the provisions of 49 U.S.C. Section 5311. This notice
shall also specify the terms and conditions set forth herein for the protection of
employees. The recipient shall maintain and keep on file all relevant books and
records in sufficient detail as to provide the basic information necessary to the
proper application, administration, and enforcement of these arrangements and
to the proper determination of any claims arising thereunder.
(9) Any labor organization which is the collective bargaining representative of
employees covered by these arrangements, may become a party to these
arrangements by serving written notice of its desire to do so upon the Recipient
and the Department of Labor. In the event of any disagreement that such labor
organization represents covered employees. or is otherwise eligible to become a
party to these arrangements, as applied to the Project, the dispute as to whether
such organization shall participate shall be determined by the Secretary of Labor.
(10) In the event the Project is approved for assistance under the Act, the foregoing
terms and conditions shall be made part of the contract of assistance between
the federal government and the State or recipient of federal funds; provjded,
however, that this arrangement shall not merge into the contract of assistance,
but shall be independently binding and enforceable by and upon the parties
thereto, and by any covered employee or his representative, in accordance with
its terms, nor shall any other employee protective agreement merge into this
arrangement, but each shall be independently binding and enforceable by and
upon the parties thereto. in accordance with its terms.
c, Waiver
As a part of the grant approval process, either the Recipient or other legally
responsible party designated by the State may in writing seek from the Secretary
of Labor a waiver of the statutorily required protections. The Secretary will waive
these protections in cases, where at the time of the requested waiver, the
Secretary determines that there are no employees of the Recipient or any other
surface public transportation providers in the transportation service area who
C-4
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could be potentially affected by the project. A 30-day notice of proposed waiver
will be given by the Department of Labor and in the absence of timely objection,
the waiver will become final at the end of the 30-day notice period. In the event
of timely objection, the Department of Labor will review the matter and determine
whether a waiver shall be granted. In the absence of waiver, these protections
shall apply to the Project.
C-5
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Exhibit D
DISADVANTAGED BUSINESS ENTERPRISES (DBE)
POLICY STATEMENT
I. It is ODors intent to establish and implement a program to encourage the
utilization of disadvantaged businesses enterprises (DSE's) by the Public Transit
Section by creating for such businesses the maximum possible opportunity to
compete for and participate in federally-funded public transit-related contracting
activities.
A. Through the DBE Program, the Public Transit Section:
1. Expresses its strong commitment to provide maximum opportunity
to disadvantaged businesses in contracting;
2. Informs all employees, government agencies and the general
public of its intent to implement this policy statement; and,
3. Assures conformity with applicable federal regulations as they exist
or may be amended,
II. It is the policy of the Public Transit Section to provide equal opportunity to all
persons to access and participate in the projects, programs and services of the
Public Transit Section. The Public Transit Section, its contractors, and
subcontractors will not discriminate against any person or firm on the basis of
race, color, national origin, sex, sexual orientation, age, religion, physical
handicap, political affiliation or marital status.
III. The policies, .practices and procedures established by the DBE Program shall
apply to all parts of the Public Transit Section and project areas except as
expressly provided in the DSE Program.
IV. The objectives of the DSE Program shall be:
A. To assure that provisions of the DSE Program are adhered to by all Public
Transit Section employees, contractors, and USDOT subrecipients and
contractors; and,
B. To initiate and maintain efforts to increase DBE Program participation by
disadvantaged businesses.
V. The Public Transit Section accepts and agrees to the statements of 49 CFR
23.43(a)(1) and (2). These statements will be included in all USDOT
agreements with USDOT subrecipients and in all USDOT-assisted contracts
between the Public Transit Section or USDOT subrecipients and any contractor.
0-1
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VI. Contractors, subcontractors and subrecipients of the Public Transit Section
accepting contracts or grants under the DBE Program which are USDOT-
assisted shall be advised that failure to carry out the requirements set forth in 49
CFR 23.42(a) shall constitute a breach of contract and, after notification by the
Public Transit Section, may result in termination of the agreement or contract by
the Public Transit Section or such remedy as the Public Transit Section deems
appropriate.
VII. A Disadvantaged Business Liaison Officer, appointed by the Manager of the
Public Transit Section, administers the DBE program. In addition to the
responsibilities of the Liaison Officer, all program managers shall have the
responsibility to assure implementation of the DBE Program.
VIII. Directory
A. A directory of DBEs as certified by ODOT shall be maintained by the
Liaison Officer to facilitate identifying such businesses with capabilities
relevant to general contracting requirements and particular solicitations.
B. The directory shall be available to contract bidders and proposes in their
efforts to meet DBE Program requirements.
IX, DBE-Owned Banks
A. The Public Transit Section will seek to identify DBE-owned banks and
make the greatest feasible use of their services.
8, In add,ition, the Public Transit Section will encourage prime contractors,
subcontractors and consultants to utilize such services by sending them
brochures and service information on certified DBE Banks.
X, Affirmative Action and Equal Opportunity Procedures
A. The Public Transit Section shall use affirmative action techniques to
facilitate DBE and participation in contracting activities. These techniques
include:
1. Arranging solicitations, time for presentation of bids, quantities
specifications and delivery schedules so as to facilitate the
participation of DBEs;
2. Referring DBEs in need of management assistance to established
agencies that provide direct management assistance to such
businesses; .
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3. Carrying out information and communications programs on
contracting procedures and specific contracting opportunities in a
timely manner, with such programs being bilingual where
appropriate;
4. Distribution of copies of the DSE Program to organizations and
individuals concerned with DSE Programs;
5. Periodic reviews with program managers to insure that they are
aware of the DBE Program goals and desired activities on their
parts to facilitate reaching the goals;
6. Public Transit Sections efforts toward and success in meeting DBE
goals for section contracts shall be factors considered during
annual performance evaluations of the program managers;
7. Monitor and insure that Disadvantaged planning centers and likely
DBE contractors are receiving requests for bids, proposals and
quotes;
8. Study the feasibility of certain USDOT-assisted contracts and
procurements being set aside for DSE participation;
9. Distribution of lists to potential DSE contractors of the types of
goods and services which the Public Transit Section regularly
purchases;
10. Specifying purchases by generic title rather than specific brand
name whenever feasible; and,
11. Establish an interdepartmental; contract management committee:
a) Which will meet regularly to monitor and discuss, among
other issues, potential DBE participation in contracts.
b) In an effort to become more knowledgeable regarding DBE
resources. the committee shall also invite potential DSE
contractors to attend selected meetings.
c) Requiring that at least one DSE vendor gr contractor be
contacted for all contract awards which are not exempt form
the Public Transit Sections contract selection procedures
and which are:
0-3
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(1) for more than $500 but not more than $15,001 for
personal services contracts, and
(2) for more than $2,500 but not more than $10,001 for
personal services contracts
d) The Liaison officer may waive this requirement if he/she
determines that there are no DBEs on the certification list
capable of providing the service or item.
8. For contracts over the dollar amounts indicated in this section, all known
DBEs in the business of providing the service(s) or item(s) required shall
be mailed bid or proposal information.
C. The Public Transit Section Manager, or his/her designee, may establish
and implement additional affirmative action techniques which are
designed to facilitate participation of DBEs in the Public Transit Section's
contracting activities.
XI, Certification of Disadvantaged Business Eligibility
A. To participate in the DBE Program as a DBE; contractors, subcontractors
or joint ventures must have been certified by an authorized certifying
agency as described in Subsection B. of this section.
B. The Public Transit Section will not perform certification or recertification of
businesses or consider challenges to socially and economically
disadvantaged status.
C, The Public Transit Section will rely upon the certification and
recertification processes established by the Office of Minority, Women,
and Emerging Small Business (OMWESB) and will utilize OMWESB's list
in determining whether a prospective contractor or subcontractor is
certified as a DBE.
D. A prospective contractor or subcontractor must be certified as a DBE by
OMWESB and appear on OMWESB's certification list, prior to the
pertinent bid opening or proposal submission date to be considered by the
Public Transit Section to be an eligible DSE and be counted toward
meeting goals.
E. Prospective contractors or subcontractors which have been denied
certification may appeal such denial to OMWESB pursuant to applicable
law. Such appeal shall not cause a delay in any contract award by the
Public Transit Section.
0-4
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F. Decertification procedures for USDOT-assisted contractor or potential
contractors will comply with the requirements of Appendix G, "Section by
Section Analysis" of the July 21, 1983, Federal Register, Vol. 45, No. 130,
p. 45287, and will be administered by the agency which granted
certification.
G. Challenges to certification or to any presumption of social or economic
disadvantage with regard to the USDOT -assisted portion of the DBE
Program, as provided for in 49 CFR 23.69, shall conform to and be
processed under the procedures prescribed by OMWESB. That.
challenge procedure provides that:
1. Any third party may challenge the socially and economically
disadvantaged status of any individual (except an individual who
has a current 8(a) certification from the Small Business
Administration) presumed to be socially and economically
disadvantaged if that individual is an owner of a firm certified by or
seeking certification from the certifying agency as a disadvantaged
business. The challenge shall be made in writing to the recipient.
2. With its letter, the challenging party shall include all information
available to it relevant to a determination of whether the challenged
party is in fact socially and economically disadvantaged.
3. The recipient shall determine, on the basis of the information
provided by the challenging party, whether there is reason to
believe that the challenged party, whether there is reason to
_ believe that the challenged party is in fact not socially and
economically disadvantaged.
4. If the recipient determines that there is not reason to believe that
the challenged party is not socially and economically
disadvantaged, the recipient shall so inform the challenging party in
writing, This terminates the proceeding.
5. If the recipient determines that there is reason to believe that the
challenged party is not socially and economically disadvantaged,
the recipient shall begin a proceeding as provided in paragraphs 8,
4, 5, and 6 of this section,
6. The recipient shall notify the challenged party in writing that his or
her status as a socially and economically disadvantaged individual
has been challenged. The notice shall identify the challenging
party and summarize the grounds for the challenge. The notice
0-5
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shall also require the challenged party to provide to-the recipient,
within a reasonable time, information sufficient to permit the
recipient to evaluate his or her status as a socially and
economically disadvantaged individual.
7. The recipient shall evaluate the information available to it and make
a proposed determinati.on of the social and economic disadvantage
of the challenged party. The recipient shall notify both parties of
this proposed determination in writing, setting forth the reasons for
its proposal. The recipient shall provide an opportunity to the
parties for an informal hearing, at which they can respond to this
proposed determination in writing and in person.
8. Following the informal hearing, the recipient shall make a final
determination. The recipient shall inform the parties in writing of
the final determination, setting forth the reasons for its decision.
9. During the pendency of a challenge under this section, the
presumption that the challenged party is a socially and
economically disadvantaged individual shall remain in effect.
XII. Annual Disadvantaged Business Goals:
A. The Public Transit Section shall, each June, establish annual DSE goals
for the ensuing fiscal year, Such annual goals shall be established
separately for construction contracts, labor and materials contracts,
personal services contracts, procurement contracts and USDOT-assisted
contracts regardless of type.
S, Annual goals will be established taking into consideration the following
factors:
1. Projection of the number and types of contracts to be awarded by
the Public Transit Section;
2. Projection of the number, expertise and types of DBEs likely to be
available to compete for the contracts;
3. Past results of the Public Transit Section's efforts under the DBE
Program; and,
4. Existing goals of other local USDOT recipients and their experience
in meeting these goals.
D-6
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5. Annual goals for USDOT-assisted contracts must be- approved by
the United States Department of Transportation.
C, The Public Transit Section will publish notice that the USDOT-assisted
contract goals are available for inspection when they are submitted to
USDOT or other federal agencies. They will be available for 30 days
following publication of notice. Public comment will be accepted for 45
days following publication of the notice,
XIII. Contract Goals
A. The annual goals established for construction contracts shall apply as
individual goals for construction contracts over $50,000.
B. The Liaison Officer may set a contract goal for any contract other than
construction contracts over $25,000.
1. The setting of such contract goal shall be made in writing prior to
the solicitation of bids for such contract.
2. Contract goals for contracts other than construction contracts over
$50,000 shall be at the discretion of the Liaison Officer and shall
not be tied, necessarily, to the annual goal for such contract type.
C. Even though no DBE goals are established at the time that bid/proposal
documents are drafted. the Liaison Officer may direct the inclusion of a
clause in any RFP or bid documents for any contract described in this
section which requires that the prime contractor, prior to entering into any
subcon~racts, make good faith efforts, as defined in Section XIII, to
achieve DBE participation in the same goal amount as the current annual
goal for that contract type.
D. Contract goals may be complied with pursuant to Section X/II or XVI. The
extent to which DBE participation will be counted toward contract goals is
governed by the latter section,
XIV, Contract Award Criteria
A. To be eligible for award of contracts containing a DBE goal, prime
contractors must either meet or exceed the specific goal for DSE
participation, or prove that they have made good faith ef(Qrts to meet the
goal prior to the time bids are opened or proposals are due.
B. Bidders/Proposers are required to utilize the most current list of DBEs
certified by Office of minority, Women and Emerging Small Business
0-7
I ---....------~._._~-~
(OMWESB) in all of the bidders/proposers good faith efforts solicitations.
The address where certified lists may be obtained shall be incluaed in all
applicable bid/proposal documents.
C. All invitations to bid or request for proposals on contracts for which goals
have been established shall require all bidders/proposers to submit with
their bids and proposals a statement indicating that they will comply with
the contract goal or that they have made good faith efforts as defined in
Section XIII to do so.
D. To document the intent to met the goals, all bidders and proposers shall
complete and endorse a disadvantaged Business Program Compliance
form and include said form with bid or proposal documents. The form
shall be provided by the Public Transit Section with bid/proposal;
solicitations.
E. Agreements between a bidder/proposer and a DBE in the DBE promises
not to provide subcontracting quotations to other bidders/proposers are
prohibited.
F. Apparent low bidders/proposers shall, by the close of the next working
day following bid opening (or proposal submission date when no public
opening is had), submit to the Public Transit Section detailed DBE
Utilization forms listing names of DBEs who will be utilized and the nature
and dollar amount of their participation. This form will be binding upon the
bidder/proposer,
G. Within five working days of bid opening or proposal submission date, such
bidders!proposers shall submit to the Public Transit Section signed Letters
of Agreement between the bidder/proposer and DBE subcontractors and
suppliers to be utilized. A sample Letter of Agreement will be provided by
the Public Transit Section, The DBE Utilization forms shall be provided by
the Public Transit Section with bid/proposal documents.
H. An apparent low bidder/proposer who states in its bid/proposal that the
DBE goals were not met but that good faith efforts were performed shall
submit written evidence of such good efforts within two working days of
bid opening or proposal submission. The Public Transit System reserves
the right to determine the sufficiency of such efforts.
I. Except as provided in paragraph G of this section, apparent low bidders or
apparent successful proposers who state in their bids/proposals that they
will meet the goals or will show good faith efforts to meet the goals, but
who fail to comply with paragraph D or E of this section, shall have their
0-8
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bids or proposals rejected and shall forfeit any required bid security or bid
bond.
J. In that event the next lowest bidder or, for personal services contracts, the
firm which scores the second highest shall, within two days of notice of
such ineligibility of the low bidder, submit evidence of goal compliance or
.good faith effort as provided above.
K. This process shall be repeated until a bidder or proposer is determined to
meet the provisions of this section or until the Public Transit Section
determines that the remaining bids are not acceptable because of amount
of bid or otherwise.
L. The Liaison officer, at his/her discretion, may waive minor irregularities in
a bidder's or proposer's compliance with the requirements of this section
provided, however, that the bid or proposal substantially complies with
public bidding requirements as required by applicable law. '
XV, Determination of Good Faith Efforts
A. Bidders or Proposers on USDOT-assisted contracts to which DBE goals
apply must, to be eligible for contract award, comply with the applicable
contract goal or show that good faith efforts have been made to comply
with the goal. Good faith efforts should include at least the following
standards established in the amendment to 49 CFR 23.45(h), Appendix A,
dated Monday. April 27, 1981. A showing of good faith efforts must
include written evidence of at least the following:
1 . ~ttendance at any pre-solicitation or pre-bid meetings that were
scheduled to the Public Transit Section to inform disadvantaged
business enterprises of contracting and subcontracting or material
supply opportunities available on the project;
2, Advertisement In trade association, general circulation,
disadvantaged and trade-oriented, if any and through a
disadvantaged-owned newspaper or disadvantaged owned trade
publication concerning the subcontracting or material supply
opportunities at least 10 days before bids or proposals are due;
3. Written notification to a reasonable number but no less than five
DBE firms that their interest in the contract is solicited. Such efforts
should include the segmenting of work to be subcontracted to the
extent consistent with the size and capability of DBE firms in order
to provide reasonable subcontracting opportunities. Each bidder
should send solicitation letters inviting quotes or proposals from
0-9
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DSE firms, segmenting portions of the work and specifically
describing, as accurately as possible, the portions of the work for
which the quotes or proposals are solicited from DBE firms and
encouraging inquiries for further details. Letters that are general
and do not describe specifically the portions of the work for which
quotes or proposals are desired are discouraged, as such letters
generally do not bring responses. It is expected that'such letters
will be sent in a timely manner so as to allow DBE sufficient
opportunity to develop quotes or proposals for the work described;
4. Evidence of follow-up to initial solicitations of interest, including the
following:
a) The names, addresses, telephone numbers of all DBE
contacted;
b) A description of the information provided to DBE firms
regarding the plans and specifications for portions of the
work to be performed, and,
c) A statement of the reasons for non-utilization of DBE firms, if
needed to meet the goal;
5. Negotiation in good faith with DBE firms. The bidder shall not,
without justifiable reason, reject as unsatisfactory bids prepared by
any DSE firms;
6. Where applicable. the bidder must provide advice and assistance
,to interested DSE firms in obtaining bonding, lines of credit or
insurance required by the Public Transit Section or the bidder;
7. Overall, the bidder's efforts to obtain DBE participation must be
reasonably expected to produce a level of participation sufficient to
meet the Public Transit Section's goals; and,
8. The bidder must use the services of minority community
organizations. minority contractor groups, local, state, and federal
minority business assistance offices and other. organizations
identified by the Executive Department's Advocate for minority and
Women and Emerging Small Business that provide assistance in
the recruitment and placement of DBEs.
0-10
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.
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XVI. Replacement of DBE Contractors
A. Prime contractors shall not replace a DBE subcontractor with another
subcontractor, either before contract award or during contract
performance, without the Public Transit Section's approval. Prime
contractors who replace a DBE subcontractor shall replace such a DBE
subcontractor with another certified DBE subcontractor or make good faith
efforts as described in the preceding section to do so.
XVII. Reports & Records
A. The Public Transit Section shall develop and maintain a record keeping
system to identify and assess DBE contract awards, prime contractor's
progress in achieving goals and affirmative action efforts. Specifically, the
following records will be maintained:
1. Awards to DBEs by number, percentage and dollar amount;
2. A description of the types of contracts awarded; and,
, 3. The extent to which goals were exceeded or not met and reason
therefor.
B, All DBE records will be separately maintained. Required DBE information
will be provided to federal agencies and administrators on request.
C. The Liaison Officer shall prepare reports, at least semiannually, on DBE
participation to include the following:
-
1, The number of contracts awarded;
2. Categories of contracts awarded;
3. Dollar value of contracts awarded;
4, Percentage of the dollar value of all contracts awarded to DBE
firms in the reporting period; and,
5. The extent to which goals have been met or exceeded.
XVIII. Counting Disadvantaged Business Participation Toward Meeting Goals:
A. DBE participation shall be counted toward meeting the goals on each
contract as follows:
0-11
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1. Subject to the limitations indicated in paragraphs- 2 through 8
below, the total dollar value of a prime contract or subcontract to be
performed by DBEs is counted toward the applicable goal for
contract award purposes as well as annual goal compliance
purposes;
2. The total dollar value of a contract to a disadvantaged business
owned and controlled by both disadvantaged males and non-
disadvantaged females is counted toward the goals for
disadvantaged businesses and women, respectively, in proportion
to the percentage of ownership and control of each group in the.
business; .
3. The total dollar value of a contract with a disadvantaged business
owned and controlled by disadvantaged women is counted toward
either the disadvantaged business goal or the goal for women, but
not to both. The Public Transit Section shall choose the goal to
which the contract value is applied;
4. The Public Transit Section shall count toward its goals a portion of
the total dollar value of a contract with an eligible joint venture
equal to the percentage of the ownership and control of the
disadvantaged business partner in the joint venture;
5. The Public Transit Section shall count toward its goals only the
expenditures to DSEs that perform a commercially useful function
in the work of a contract. A DBE is considered to perform a
commercially useful function when it is responsible for execution of
,a distinct element of the work of a contract and carrying out its
responsibilities by actually performing, managing and supervising
the work involved. To determine whether a DBE is performing a
commercially useful function, the Public Transit Section shall
evaluate the amount of work subcontracted, industry practices and
other relevant factors;
6. Consistent with normal industry practices, a DBE may enter into
subcontracts. If a DBE contractor subcontracts a significantly
greater portion of the work than would be expected on the basis of
normal industry practices, the DBE shall be presumed not to be
performing a commercially useful function. The DSE may present
evidence to the Public Transit Section to rebut this presumption.
The Public Transit Section's decision on the rebuttal of this
presumption is subject to review by USDOT for USDOT-assisted
contracts;
0-12
7. A DBE which provides both labor and materials ma{ count toward
its disadvantaged business goals expenditures for materials and
supplies obtained from other than DSE suppliers and
manufacturers, provided that the DBE contractor assumes the
actual and contractual responsibilities for the provision of the
materials and supplies;
8. The Public Transit Section shall count its entire expenditure to a
DSE manufacturer (i.e. a supplier that produces goods from raw
materials or substantially alters them before resale;)
9. The Public Transit Section shall count toward the goals 60 percent
of its expenditures to DBE suppliers that are not manufacturers,
provided that the DBE supplier performs a commercially useful
function in the supply process; and,
10, When USDOT funds are passed-through by the Public Transit
Section to other agencies, any contracts made with those funds
and any DSE participation in those contracts shall only be counted
toward the Public Transit Section's goals.
11, Likewise, any USDOT funds passed-through to the Public Transit
Section from other agencies and then' used for contracting shall
count only toward that agency's goals.
12. Project managers responsible for administration of pass-through
agreements shall include the following language in those
agreements:
-
a) Policy. It is the policy of the Department of Transportation
that disadvantaged business enterprises as defined in 49
CFR Part 23 shall have the maximum opportunity to
participate in the performance of contracts financed in whole
or in part with federal funds under this agreement.
Consequently, the DSE requirements of 49 CFR Part 23
apply to this agreement.
b) DBE Obligation. The recipient or its contractor agrees to
ensure that disadvantaged business enterprises as defined
in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts
financed in whole or in part with federal funds provided
under this agreement. In this regard, all recipients or
contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that
0-13
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-................
disadvantaged business enterprises have the maximum
opportunity to compete for and perform contracts,
c) SUBRECIPIENTs and their contractors shall not discriminate
on the basis of race, color, national origin or sex in the
award and performance of USDOT-assisted contracts.
B. DBE participation shall be counted toward meeting annual goals as
follows:
1. Except as otherwise provided below, the total dollar value of any
contract which is to be performed by a DBE is counted toward
meeting annual goals.
2. The provisions of paragraphs A2 through A8 of this section,
pertaining to contract goals, shall apply equally to annual goals.
XIX. Compliance and Enforcement
A. The Public Transit Section shall reserve the right, at all times during the
period of any contract, to monitor compliance with the terms of this
program and the contract and with any representation made by a
contractor prior to contract award pertaining to DBE participation in the
contract.
B. The Liaison Officer may require, at any stage of contract completion,
documented proof from the contractor of actual DBE participation.
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Exhibit G
FY 1996-97 CITY OF WOODBURN
SMALL CITY OPERATING ASSISTANCE AGREEMENT
FINANCIAL INFORMATION
The information below will assist auditors prepare a report in compliance with the
requirements of Office of Budget and Management (OMB) Circular A-128 and OMB
Circular A-133
This grant is financed by one or more of the funding sources as indicated below:
Federal Program
Title
Federal Funds available through:
Title 49 CFR Section 5311
Federal Catalogue Number:
20.509
Federal Grant Number:
DOR-18-0013= $16,700
Total Federal Funding= $16,700
Federal Funding Agency
U.S. Department of Transportation
Federal Transit Administration
Region X
Suite 3142
Federal Building
915 Second Avenue
Seattle, Washington 98174
State Program
Title:
State funds available through ORS 323.455
and ORS 391.800 through ORS 390.830.
State Grant Number:
Total State Funding
*
State Funding Agency:
Oregon Department of Transportation
Transportation Branch
Public Transit Section
Mill Creek Office Park
555 13th Street NE
Salem Oregon 97310
*Auditors may cite these totals in their audits from these sources.
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