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Res 1812 - Grant Agr No. 22587 COUNCil Bill NO. 2594 RESOLUTION NO. 1812 A RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 22587 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, the State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733, and WHEREAS, the City of Woodburn applied for public transportation capital assistance funds under Title 49, United States Code, Chapter 5310, Elderly and Persons with Disabilities Capital Program, and WHEREAS, the State of Oregon, Department of Transportation, has been designated to evaluate and select recipients of assistance from federal funds available under the Elderly and Persons with Disabilities Capital Program, to coordinate grant applications and to administer the disbursement of the federal assistance, and WHEREAS, the State of Oregon, Department of Transportation, has approved capital assistance for the City of Woodburn from Title 49, United States Code, Chapter 5310, Elderly and Persons with Disabilities Capital Program, NOW THEREFORE; THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into Grant Agreement No. 22587, which is affixed as Attachment IIAII and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to secure Title 49, United States Code, Chapter 5310, Elderly and Persons with Disabilities Capital Program funds for the purpose of supporting public transportation. Section 2. That the City Administrator of the City of Woodburn is authorized to sign said agreement on behalf of the City. Page 1- ~OUNCIL BILL NO. 2594 RESOLUTION NO. 1812 1'l Approved as to for:;7f) .~ ~ City Attorney /0- '2 (,- LeoS Date APPR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder October 24 t 2005 October 26t 2005 October 26t 2005 October 26t 2005 ATTEST: ~~ City of Woodburn, Oregon PAGE 2 - COUNCIL BILL NO. 2594 RESOLUTION NO. 1812 T"f State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance PUBLIC TRANSIT DIVISION OREGON DEPARTMENT OF TRANSPORTATION ST ATE GRANT AGREEMENT No. 22587 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 "State," and City of Woodburn hereinafter referred to as "Recipient." Recipient enters into this Agreement with State to secure financial assistance to complete the activities described in Exhibit A, hereinafter referred to as the "Project," attached hereto and by this reference made a part hereof. RECITALS 1. By the authority granted in Oregon Revised Statutes (ORS) 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform. The State of Oregon acting through the Oregon Transportation Commission is authorized to enter into agreements and disburse funds for the purpose of supporting public transportation pursuant to ORS 184.670 to 184.733. 2. This Agreement is based upon, and is subject to, ORS, Oregon Administrative Rules (OAR), and Federal Transit Administration (FT A) regulations such as those contained in ORS 323.455, ORS 391.800 through 391.830 and FfA Circular 9070.1E including all associated references and citations. From time to time these laws, rules and regulations may be amended; and State reserves the right to amend this Agreement if it is affected. State will provide thirty days notice of impending changes and will prepare a supplemental agreement incorporating the changes to 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. Estimated total Project cost is $ 57,500.00. Maximum allowable reimbursement shall be either 89.73% of allowable costs or $ 51,595.00, whichever is less. 2. This Agreement shall begin on July 01, 2005 and shall expire, unless otherwise terminated, on June 30,2007. 3. It is mutually agreed and understood by State and Recipient that Recipient may enter into an agreement with one or more additional entities (subrecipients) to complete the Project. A. If subrecipients are to be used, Recipient agrees to do so only through a signed written agreement (subagreement). Subagreements shall incorporate and pass through all of the requirements of this Agreement to any subrecipient. Use of a subagreement does not relieve the Recipient of its responsibilities to carry out the terms and conditions of this Agreement. r State Agreement Number 22587 (5310) Capital- Vehicle Purchase and Preventive Maintenance B. Recipient also agrees to provide State with a copy of any signed subagreement within 30 days of execution. Any substantial breach of a term or condition of a subagreement by a subrecipient relating to funds covered by this Agreement must be reported by Recipient to State within 10 days of its being discovered. C. The use of subagreements shall not apply to procurements of goods and services supplied by subcontractors. Recipients and subrecipients shall follow procedures described in Section I, Recipient Obligations, paragraph A (2) of this Agreement for procurement contracts used to buy goods and services from subcontractors. The following documents, Agreement Obligations and General Provisions, Exhibit A: Project Description and Budget, Exhibit B: Financial Information, Exhibit C: Reimbursement Invoice Forms and Exhibit C, Attachment 1: Reimbursement Request for Preventive Maintenance are attached hereto and by this reference made a part of this Agreement. The following document is incorporated by reference: Fiscal Year 2005 Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements. These certifications and assurances are used in connection with all Federal assistance programs administered by FTA during Federal Fiscal Year 2005. These certifications and assurances include all annual certifications required by 49 USC ~ 5310 Elderly Persons and Persons with Disabilities Program. SIGNATURE PAGE TO FOLLOW 2 T State Agreement Number 22587 (5310) Capital- Vehicle Purchase and Preventive Maintenance IN WITNESS WHEREOF, the parties have set their hands as of the day and year hereinafter written. The Oregon Transportation Commission on June 18, 2003, approved Delegation Order No.2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On March 18, 2004, the Director approved Subdelegation Order No. 14, which delegates the authority to conduct the following day-to-day operations to the Public Transit Division Administrator: Execute Oregon Transportation Commission intergovernmental agreements and grants for special payments to local governments and other non-profit units and operators of public transportation services for disbursement of state and federal funds for public transit programs. The Division Administrator will maintain a listing of all intergovernmental agreements and grants and submit a quarterly report to the OTC. City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Oregon Department of Transportation Public Transit Division 555 13th St. NE, Suite 3 Salem, Oregon 97301-4179 ~~ ~ Signature (Legally designated representative) r7!~ Martin W. ring . ,1n'1n ~ _ Rro'N'.., Name (printed or typed) City Administrator Title /tJ;b;;~ , Date Administrator Title 16/2fi!-~ ate Recipient's Legal Counsel Date (If required in local process only) Name (printed or typed) Signature Name (printed or typed) Title Date 3 State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance Ae:reement Oblie:ations and General'Provisions I. RECIPIENT OBLIGATIONS A. General Requirements 1. Recipient shall conduct activities in accordance with Exhibit A, Project Description and Budget. Recipient shall notify State in writing of changes in the Project prior to performing any changes and will not perform any changes to the Project listed in Exhibit A without specific written approval from State. 2. Recipient shall make purchases of any equipment, materials, or services pursuant to this Agreement under procedures consistent with OAR Chapter 125 for the Oregon Department of Administrative Services and ORS and in conformance to FfA Circular 4220. IE, Third Party Contracting Requirements. ensuring that: a. all applicable clauses required by Federal Statute, executive orders and their implementing regulations are included in each competitive procurement; b. all procurement transactions are conducted in a manner providing full and open competition; c. procurements exclude the use of statutorily or administratively imposed in-state or geographic preference in the evaluation of bids or proposals (with exception of locally controlled licensing requirements); d. contracts will not exceed a period of five years without prior approval of FT A; and Recipient is responsible for submission of any draft subagreements and contracts associated with this Agreement to State for review and approval. Best Practices Procurement Manual, a technical assistance manual prepared by the FT A, is available on the FT A website: <www.<fta.dot.gov>. 3. Recipient agrees to comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270, 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) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 4 State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance 4. Recipient shall maintain all required records for at least three years after State's final payment. 5. To receive reimbursement as described in Section II, Paragraph A, of this Agreement. Recipient shall submit quarterly progress reports. Reports shall include a detailed statement of revenues and expenditures for each quarter, including documentation of local match contributions. State reserves the right to request such additional information as may be necessary to comply with federal or state reporting requirements. The reporting periods are based on the state fiscal year. Quarter 1 is July through September. Quarter 2 is October through December. Quarter 3 is January through March. Quarter 4 is April through June. Reports are due to State, Public Transit Division, 555 13th St. NE Suite 3, Salem OR 97301 no later than 45 days after the last day of the quarter. 6. Recipient shall defend, save and hold harmless the State of Oregon, including the Oregon Transportation Commission, State, 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 State 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. Notwithstanding the foregoing defense obligations under Paragraph 6, neither Recipient nor any attorney engaged by Recipient shall defend any claim in the name of the State of Oregon or any Agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may. at anytime at its election assume its own defense and settlement in the event that it determines that Recipient is prohibited from defending the State of Oregon, or that Recipient is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Recipient if the State of Oregon elects to assume its own defense. 8. Recipient shall perform the services under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement, including but not limited to retirement contributions, workers' compensation, unemployment taxes, and state and federal income tax withholdings. 9. All ~mployers, including Recipient, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under s .,. State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventi ve Maintenance ORS 656.126. Recipient 'Shall ensure that each of its subcontractors complies with these requirements. 10. Recipient acknowledges and agrees that the Federal Government, absent express written consent by the Federal Government, is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Recipient, contractor or any other party (whether or not a party to the Agreement) pertaining to any matter resulting from the underlying Agreement. 11. 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. 12. 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 State if at any time it learns that this certification is erroneous when submitted or if circumstances have changed (new personnel, indictments, convictions, etc.). 13. Recipient shall permit State, the Secretary of State, the Comptroller General of the United States, the US Department of Transportation, or their authorized representative, upon reasonable notice, to inspect all vehicles, real property, facilities, equipment purchased by the Recipient as part of the project, and/or transportation services rendered by Recipient, subrecipient and/or any subcontractor acting on behalf of the Recipient. Recipient shall permit the above named persons to audit the books, records, and accounts of Recipient relating to the project. 14. Recipient shall complete all purchases of property or equipment prior to the expiration date of this Agreement. If local circumstances prevent the purchase by the specified date, at least 45 days prior to the expiration of the Agreement, the Recipient will notify State in writing of the delay and provide a reason for the delay. Contract amendment for time will be considered in extenuating circumstances. 15. Recipient shall be shown as either the owner on the equipment title or if Recipient contracts the operation of the vehicle(s) to a third party then the third party may be shown as the owner or lessee with the Recipient listed as the second security interest holder or lessor. In all cases State shall be shown as the first security interest holder on the vehicle title. If Recipient fails to show State as the first security interest holder, Recipient shall pay any expenses to re-submit the necessary documents to Driver and Motor Vehicle Services (DMV). 16. Recipient shall bear the cost of insuring vehicles purchased under this Agreement based on risk assessment. Recipient shall maintain, in amounts and form satisfactory to State, such insurance or self-insurance as will be adequate to protect Recipient, (, T State Agreement Number 22587 (5310) Capital- Vehicle Purchase and Preventive Maintenance 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 $50,000 for property damage, $200,000 for bodily injury per person, $500,000 bodily injury per occasion, uninsured motorist protection, and personal injury protection as required by ORS Chapter 806. Recipient shall be responsible for all deductibles or self-insured retention. Recipient shall include the Oregon Department of Transportation, Public Transit Division as "Additional Insured." 17. Recipient shall submit an annual vehicle inspection report to the State, Public Transit Division. Vehicle inspections shall be conducted by a vehicle maintenance technician certified by a nationally recognized organization in the field of vehicle service and maintenance. Reports shall be submitted on forms covering required areas of inspection provided by State, Public Transit Division. l8. Any Recipient of grant funds, pursuant to this Agreement with State, shall assume sole liability for that Recipient's breach of the conditions of this Agreement, and shall, upon Recipient's breach of conditions that requires State to return funds to the Federal Transit Administration, hold harmless and indemnify 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. Recipients receiving Federal funds in excess of $500,000 are subject to audit conducted in accordance with Office of Management and Budget (OMB) Circular A- 133, Audits of States, Local Governments. Non-profit Institutions. Recipient, if affected by this requirement, shall at Recipient's own expense, submit to State, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of its A- 133 annual audit covering the funds expended under this Agreement and shall submit or cause to be submitted, the annual audit of any subcontractor of Recipient responsible for the financial management of funds received under this Agreement. 2. Recipients receiving less than $500,000 in Federal funds shall, at Recipient's own expense, submit to State, Public Transit Division, 555 13th St. NE, Suite 3, Salem, OR 97301-4179, a copy of any annual audit covering the funds expended under this Agreement by Recipient or any subcontractor of Recipient receiving funds as a result of this Agreement; and a copy of the management letter and any report that accompanies the annual audit covering the funds expended under this Agreement. 3. Recipient shall save, protect and hold harmless State from the cost of any audits or special investigations performed by the Oregon Secretary of State's Audits Division in response to allegations with respect to the funds expended under this Agreement. Recipient's liability for any costs incurred under this provision is not limited to the grant amount defined by the Terms of Agreement, and is binding whether or not the 7 T State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventi ve Maintenance allegations are substantiated. It is also mutually agreed and understood that any audit costs incurred as a result of allegations of fraud, waste or abuse are ineligible for reimbursement under this or any other agreement between Recipient and State. C. Other Federal Requirements One of the principles of contracting with Federal funds received indirectly from the Ff A is recognition that, as a condition of receiving the funds, certain specific requirements must be met not only by the Recipient, but also by any subrecipients and contractors. To the extent applicable, Federal requirements extend to the third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. The specific requirements for particular grant funds are found in the Master Agreement that is signed and attested to by State. This Master Agreement is incorporated by reference and made part of this Agreement. Said Master Agreement is available upon request from State by calling (503) 986-3300 or accessing the Ff A website:<www:fta.dot.gov>. The following is not a complete list of Federal requirements. Rather it is a summary of various primary requirements associated with the type of transaction covered by this Agreement. 1. Recipient shall comply with Title VI of the Civil Rights Act of 1964 (78 State 252,42 USC ~ 2000d) and the regulations of the United States Department of Transportation (49 CPR 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 State on at least an annual basis the following information: any active lawsuits or complaints, including dates, summary of allegation, status of lawsuit or complaint including whether the parties entered into a consent decree. 2. Recipient shall comply with Ff A regulations in 49 CPR 27 Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance which implements the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990,49 CPR 37, and 49 CPR 38. 3. Recipient shall comply with 49 CPR 663 regarding pre-award and post-delivery reviews. Every Recipient who purchases rolling stock and/or facilities must certify that a pre-award and post-delivery review has been conducted in accordance with Ff A requirements. This review ensures compliance to bid specifications including seismic considerations, Buy America requirements when purchase is over $100,000 and Federal Motor Carrier Safety Standards as applicable to the type of project. 4. Recipient shall comply with 49 CFR 37.77(c) and 49 CFR 37.105 regarding "Equivalent Service Standard." If non-accessible vehicles are being purchased for use by a public entity in demand responsive service for the general public, State will obtain from the subrecipient the required certification which states that when viewed in its entirety the public entity's demand responsive service offered to persons with disabilities, including persons who use wheelchairs, meets the standard of equivalent service. H .,. State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance Recipient shall comply with the following service provisions, as appropriate: a. Maintenance of accessible features b. Procedures to ensure lift availability c. Lift and securement use d. Announcements on vehicles of stops on fixed-route systems e. Vehicle identification system f. Service animals g. Use of accessibility features h. Public information/communication 1. Lift deployment at any designated stop J. Service to persons using respirators or portable oxygen k. Adequate time for boardingldeboarding l. Training 5. Recipient has, to the maximum extent feasible, coordinated with other transportation providers and users, including social service agencies authorized to purchase transit service. 6. Recipient will correct any condition which State or Ff A believes "creates a serious hazard of death or injury" in accordance with Section 22 of the Federal Transit Act, as amended. 7. Recipient will comply with the applicable provisions of 49 CPR 26 related to Disadvantaged Business Enterprises and report quarterly to State. Each contract Recipient signs with the contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the peifonnance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of State-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the tennination of this contract or such other remedy, as the Recipient deems appropriate. 8. Recipient and contractors receiving in excess of $100,000 in Federal funds must certify to State that they have not and will not use Federal funds to pay for influencing or attempting to influence an office or employee of any Federal department or Agency, a member of Congress, or an employee of a member of Congress in connection with obtaining any Federal grant, cooperative agreement or any other Federal award. If non-federal funds have been used to support lobbying activities in connection with the project Recipient shall complete Standard Form LLL, Disclosure Fonn to Report Lobbying and submit the form to State at the end of each calendar quarter in which there occurs an event that requires disclosure. Restrictions on lobbying do not apply to influencing policy decisions. Examples of prohibited activities include seeking support for a particular application or bid and seeking a congressional earmark. f) T State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance II. STATE OBLIGATIONS A. State shall reimburse eligible costs incurred in carrying out the Project subject to the amounts shown in the Terms of Agreement. B. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within State's current appropriation or limitation of the current biennial budget. C. State reserves the right to withhold payment of funds if there are unresolved audit findings, or inadequate information concerning Recipient's activities. State reserves the right to reallocate any portion of the Agreement amount which State reasonably believes will not be used by Recipient within the Terms of Agreement. III. GENERAL PROVISIONS A. This Agreement may be terminated by mutual written consent of both parties. State 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 State, under any of the following conditions. 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 State fails to correct such failures within 10 days or such longer period as State may authorize; or 3. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement; or 4. The requisite local funding to continue the Project becomes unavailable to Recipient; or 5. Federal or state laws, rules, regulations or guidelines are modified or interpreted in such a way that the activities described in Exhibit A of the Agreement are no longer allowable or no longer eligible for funding proposed by this Agreement; or 6. The project would not produce results commensurate with the further expenditure of funds; or 7. Recipient takes any action pertaining to this Agreement without the approval of State and which under the provisions of this Agreement would have required the approval of State; or to T State Agreement Number 22587 (5310) Capital- Vehicle Purchase and Preventive Maintenance 8. The commencement, prosecution, or timely completion of the Project by Recipient is, for any reason, rendered improbable, impossible, illegal; or 9. Recipient is in default under any provision of this Agreement. B. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the parties prior to termination. C. Recipient shall keep proper and complete books of record and account and maintain all fiscal records related to this Agreement and the Project in accordance with generally accepted accounting principles, generally accepted governmental accounting standards and state minimum standards for audits of municipal corporations. Recipient shall ensure that each of its subrecipients and subcontractors complies with these requirements. Recipient acknowledges and agrees that State, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Recipient which are directly pertinent to the specific Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. D. This Agreement may be revised or amended by a supplemental written agreement between the parties and executed with the same formalities as this Agreement. E. This Agreement and attached 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 State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 11 State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance Exhibit A Project Description and Budget Project Budget Total Project Local Share Source of Agreement Local Match Amount Estimates: Vehicle $52,500 $5,392 Local funds $47,108 Purchase & Preventive $ 5,000 $ 514 $ 4,486 Maintenance TOTALS $57,500 $5,905 $51,595 Project Description/Scope of Work The sole purpose of this Grant Agreement is to provide funding for the following projects to support transportation of the general public and elderly and people with disabilities. Vehicle Purchase: Purchase one modified van/mini-van, with approximately 7 seats and 2 wheelchair securement stations and all equipment and supplies necessary to put the vehicle(s) into service. Associated costs incurred from the procurement process, delivery charges, and post-delivery inspections are included in the reimbursable expenses associated with this Grant Agreement. Invoice Requirements: Copies of invoices must be submitted for all vendor charges. Certification forms attesting to pre-award and post-delivery requirements must be provided regarding Purchaser's Requirements, Buy America, and Federal Motor Vehicle Safety Standards and Altoona Bus Testing Certi fication. On any non-accessible vehicle purchase, a Certificate of Equivalent Service must be submitted prior to final payment. Expected order date: November 2005 Expected delivery date: May 2006 Preventive Maintenance: This Grant Agreement provides maintenance funding on vehicles used to provide client or public transportation. Maintenance should be performed to ensure the fleet is maintained (per manufacturer's recommendations) in good condition and that vehicles may pass an annual inspection. Preventive maintenance includes the foHowing: oil changes; tune-ups; tires and tire maintenance; annual vehicle inspections, scheduled or routine maintenance; and associated parts, supplies and labor. This category of project does not include the costs associated with major repairs and major component replacement (such as engine or transmission rebuilds or replacements). Invoice Requir~ments: For in-house mechanics, Recipient may list labor costs on Attachment 1 of Exhibit C, Sample Reimbursement Request Form. Copies of invoices must be submitted for aH 12 State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance vendor provided maintenance and all' parts. In-kind match is allowed for labor on maintenance and/or rehabilitation, if otherwise allowed and not used as a match for any other grant or contract. Attachment 1 of Exhibit C may be used for Reimbursement Requests. If Recipient chooses to create or use an alternate form of invoice, all of the information contained in Attachment 1 of Exhibit C must be included. Exclusions: Maintenance in this Grant Agreement will not include repairs resulting from motor vehicle accidents, or repairs charged to warranty or service agreements, or that are otherwise paid for in other grants or contracts. Maintenance reimbursed in this Grant Agreement is only for vehicles providing transportation services to the general public or special publics such as seniors and people with disabilities. This agreement does not allow maintenance for staff vehicles, vehicles used for business of the agency, or maintenance vehicles. J.) State Agreement Number 22587 (5310) Capital - Vehicle Purchase and Preventive Maintenance EXHIBIT B 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-I33. This grant is finance Federal Program Title Federal Funds Available through: 49 U.S.c. 5310 Capital Program d by the funding source as indicated below: Federal Grant Number: OR160031 STIP Key No. 14309&13689 Total Federal Funding $51,595.00 Federal Catalogue Number: 20.513 Federal Funding Agency U.S. Department of Transportation Federal Transit Administration Region X, Suite 3142 Federal Building 915 Second Avenue Seattle, W A 98174 State Funding Agency Oregon Department of Transportation Public Transit Division Mill Creek Building 555 13th Street NE, Suite 3 Salem, OR 97301-4179 14 ~ State Agreement Number 22587 (5310) Capital- Vehicle Purchase and Preventive Maintenance Exhibit C ODOT Public Transit Division 2005-2007 Discretionary Grant Reimbursement Invoice and Request Form Agency: Grant No. FEIN (Federal tax ID no.): This Payment Covers: Quarter/Month(s): _ Fiscal Year: Original Grant Amount S Prior Payments S Balance of Grant S ~e~nrungofQuarte~ Total Expenses this period S Match (1) S Source of Match: Other (Explain) Total Reimbursement: S Balance of Grant (End of S Quarter) (1) Attach documentation of in-kind match. Contractin 0 ortunities this eriod 2 S Contracting opporturuties to Disadvantaged S Business Ente rise BE firms 3 (2) Type and dollar amount of contracting opportunity entered into this period. (3) Type of opportunity and name of DBE firm(s). I certify that this request is accurate and is not being billed for or reimbursed in any other grant, warranty, insurance or contract: Authorized Agency Signature Date ype or Print Name of Authorized Agency Signature Phone Number 15 ~ Cf.l o~ Z .~ I..c:: v Cl) u:> 1- _ c<:l c<:l .-;:: b go ~U U......., :::;0 - i...:("f) ~~ E ::s Z ..... c v E ... v V I-< ~ ~ V ..... c<:l ..... V) ... C1) jj 0 c: as CO Q c: C1) c: - CO C1) 2: c: C1) > C1) ... I In C1) ~ C1) ... c: C1) E C1) In ... ~ E - C1) a: I ~ ... c: C1) E .r:. 0 CO "8 ~ "C t. .., G) C E I :! ~ .. G) ::I " .a ~ E &! Q. 0. ... a: .a ~ Ql (I) 0 ~ Ql- " :5e:... .. -~Ql as eel C):5 s::. =...0 (,) "OQl>. 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