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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 6, 2008
DATE: July 28, 2008
FROM: Judith Ure Administrative Services 541-330-4627
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document No. 2008-434, an Intergovernmental Agreement
between the Oregon Department of Transportation and Deschutes County for specialized transportation
services.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Department of Transportation (ODOT) provides funding for certain agencies to purchase
transportation services for older adults and people with disabilities. Prior to January 1, 2007, ODOT
secured some of these services within Deschutes County through a direct contract with the Central
Oregon Council on Aging (COCOA). Since that time, however, the Attorney General has reviewed the
rules governing this program and determined that only governmental agencies are eligible to receive
and disburse funding allocated for this purpose. As a result, ODOT has asked Deschutes County to
serve in the role of direct contractor in order to administer a sub -agreement which will allow the
services to be purchased by a qualified agency on a reimbursement basis.
The attached agreement, which will be effective from July 1, 2008 through June 30, 2009, replaces a
prior agreement (document #2007-631) which was intended for the period of July 1, 2007 through June
30, 2009. During the first year of that period, COCOA transferred responsibility for transportation
services to COIC. However, COIC has elected not to administer this particular project and the sib -
agreement will revert to COCOA for the current fiscal year. If the Board of Commissioners appi oves
the attached agreement, staff will prepare a sub -contractor agreement with COCOA which will fiirther
specify the terms and documentation required for reimbursement.
FISCAL IMPLICATIONS:
Up to $15,000 will be passed from ODOT through Deschutes County to COCOA in fiscal year 2008-
09. Revenue and expenditures are budgeted in Fund 120 Grant Projects/Department 08 County
Commissioners.
RECOMMENDATION & ACTION REQUESTED:
Authorize Chair's signature of Document No. 2008-434 between ODOT and Deschutes County.
ATTENDANCE: Judith Ure, Management Analyst.
DISTRIBUTION OF DOCUMENTS:
Return signed documents (2 originals) to Judith Ure, Administrative Services, 541-330-4627.
Department: !Administrative Services
Phone #:
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
July 21, 2008
Contact Person:
Judith Ure
Contractor/Supplier/Consultant Name:
541-330-4627
Public Transit Division
Goods and/or Services: Purchased transportation services.
Background & History: See attached.
Agreement Starting Date:
July 1, 2008
Annual Value or Total Payment:
Up to $15,000
Ending Date:
June 30, 2009
U Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
U RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
U Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact:
Title:
Judith Ure
Management Analyst
Phone #:
Department Director Approval:
Signature
541-330-4627
Distribution of Document: Return signed documents to Judith Ure.
Date
Official Review:
County Signature Required (check one): El BOCC El Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
7/22/2008
The Oregon Department of Transportation (ODOT) provides funding for certain agencies to
purchase transportation services for older adults and people with disabilities. Prior to January 1,
2007, ODOT secured some of these services within Deschutes County through a direct contract with
the Central Oregon Council on Aging (COCOA). Since that time, however, the Attorney General
has reviewed the rules governing this program and determined that only governmental agencies are
eligible to receive and disburse funding allocated for this purpose. As a result, ODOT has asked
Deschutes County to serve in the role of direct contractor in order to administer a sub -agreement
which will allow the services to be purchased by a qualified agency on a reimbursement basis.
The attached agreement, which will be effective from July 1, 2008 through June 30, 2009,
replaces a prior agreement (document #2007-631) which was intended for the period of July 1,
2007 through June 30, 2009. During the first year of that period, COCOA transferred
responsibility for transportation services to COIC. However, COIC has elected not to administer
this particular project and the sub -agreement will revert to COCOA for the current fiscal year. If
the Board of Commissioners approves the attached agreement, staff will prepare a sub -contractor
agreement with COCOA which will further specify the terms and documentation required for
reimbursement.
Misc. Contracts and Agreements
Agreement No. 24303
STG Purchase Service
STATE GRANT AGREEMENT
PUBLIC TRANSIT DIVISION
SPECIAL TRANSPORTATION FUND
DISCRETIONARY PROGRAM
DESCHUTES COUNTY
STATE GRANT AGREEMENT NO. 24303
THIS AGREEMENT is made and entered into by and between THE STATE OF
OREGON, acting by and through its Department of Transportation, Public Transit
Division, hereinafter referred to as "State," and DESCHUTES COUNTY, hereinafter
referred to as "Recipient, and collectively referred to as the "Parties."
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 governments 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 and Oregon Administrative
Rules (OAR) such as those contained in ORS 323.455 and ORS 391.800 through
391.830.
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. Under such Authority, Recipient enters into this Agreement with State to secure
financial assistance to perform activities, hereinafter referred to as "Project,"
described in "Exhibit A," attached hereto and by this reference made a part hereof
2. The total Project cost is estimated at $16,717.00, which is subject to change. The
maximum allowable reimbursement shall be either 89.73% of allowable costs or
$15,000.00, whichever is Tess.
3. This grant has a 10.27% local matching requirement.
4. The term of this Agreement will begin on July 1, 2008, or upon execution by all
Parties, whichever date is later, and will terminate on June 30, 2009, unless
extended by an executed amendment.
DC -2008-04 34
Deschutes County/State of Oregon
Agreement No. 24303
5. 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 under any of the following conditions:
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.
b. Recipient also agrees to provide State with a copy of any signed subagreement
within thirty (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 ten (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.
6. The following documents: Exhibit A: Project Description and Budget and Exhibit
B: Financial Information are attached hereto and by this reference made a part of
this Agreement.
RECIPIENT OBLIGATIONS
A. General Requirements
1. Recipient shall conduct Project activities in accordance with Exhibit A, Project
Description and Budget. Recipient shall notify State in writing of changes to
the Project. Recipient shall not perform any changes to the Project listed in
Exhibit A without specific written approval from State.
2. Recipient shall submit quarterly progress and financial reports, unless an
alternative reporting schedule is mutually agreed upon by Recipient and State.
State reserves the right to request such additional information as may be
necessary to comply with state reporting requirements.
3. 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, and 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 forty-five (45) days after the last day of the quarter, or on a
schedule agreed upon by both Recipient and State.
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Deschutes County/State of Oregon
Agreement No. 24303
4. Recipient shall submit a letter with documentation to Public Transit Division to
request payment for all qualifying expenses. The documentation must include:
a. The total of the costs submitted for payment,
b. The five(5) digit State agreement number associated with the request, and
c. The source of matching funds.
5. 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.
a. Procurements of rolling stock, facilities and personal services at any dollar
and all procurements greater than $75,000 threshold shall be subject to
State approval prior to solicitation.
b. Recipient is responsible to obtain State approval of the procurement
process prior to solicitation, which approval shall not be unreasonably held.
6. Recipient shall 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 2796.220, 2796.225,
279B.230, 279B.235 and 2796.270 incorporated herein by reference and
made a part hereof; 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.
7. Recipient shall permit State, the Secretary of State, 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.
8. 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, and 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,
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Deschutes County/State of Oregon
Agreement No. 24303
Section 10 of the Oregon Constitution and in the Oregon Tort Claims Act, ORS
30.260 to 30.300.
9. Notwithstanding the foregoing defense obligations under the paragraph above,
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
government 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.
10. Recipient, and any contractors, 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 activities under this Agreement including, but not limited to, retirement
contributions, workers' compensation, unemployment taxes, and state and
federal income tax withholdings.
11.All employers, including Recipient, that employ subject workers under this
Agreement in the State of Oregon shall comply with ORS 656.017 and provide
the required Workers' Compensation coverage unless such employers are
exempt under ORS 656.126. Recipient shall ensure that each of its
subcontractors complies with these requirements.
12. 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.
13.Any recipient of grant funds, pursuant to this Agreement with State, shall
assume sole liability for that Recipient's breach of the conditions of the
Agreement, and shall, upon Recipient's breach of such conditions, 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.
Page 4 of 12
Deschutes County/State of Oregon
Agreement No. 24303
B. Audit Requirements
1. Recipients shall submit to State any annual audit covering the funds expended
under this Agreement by Recipient or subrecipient receiving funds as a result
of this Agreement, and a copy of the management letter as well as any report
and appendices that accompany the annual audit covering the funds
expended under this Agreement. The audit report shall be submitted in its
entirety at Recipient's own expense to State, Public Transit Division, 555 13U1
St. NE, Suite 3, Salem, OR 97301-4179. Audit reports for subcontractors shall
be available upon request.
2. 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 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.
STATE OBLIGATIONS
A. State shall reimburse eligible costs incurred in carrying out the Project subject to
the amounts shown in the Terms of Agreement. Eligible costs are the
reasonable and necessary costs incurred by the Recipient or subrecipient in
completing the Project as defined by Exhibit A and that are not excluded from
reimbursement by State, either by the Agreement or by exclusion as a result of
financial review or audit. Expenses that are ineligible include expenses
associated with lobbying, personal expenses and expenses not directly
associated with the Project or that are incurred inappropriately, e.g., failure to
follow the terms of the Agreement when procuring goods and services.
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.
Page 5 of 12
Deschutes County/State of Oregon
Agreement No. 24303
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 iri
accordance with its terms, and after receipt of written notice from State fails
to correct such failures within ten (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
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
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Deschutes County/State of Oregon
Agreement No. 24303
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 six (6) 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 may be executed in several counterparts (facsimile or
otherwise), all of which when taken together shall constitute one agreement
binding on all parties, notwithstanding that all parties are not signatories to the
same counterpart. Each copy of this Agreement so executed shall constitute an
original.
F. 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.
THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
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.
Page 7 of 12
Deschutes County/State of Oregon
Agreement No. 24303
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.
SIGNATURE PAGE TO FOLLOW
Page 8 of 12
Deschutes County/State of Oregon
Agreement No. 24303
DESCHUTES COUNTY, by and through STATE OF OREGON, by and through its
its
Department of Transportation
By By
(Legally designated representative) Public Transit Division Administrator
Name Michael R. Ward
(printed)
Date Date
APPROVAL RECOMMENDED
By By
Date Date
APPROVED AS TO LEGAL
SUFFICIENCY By
By
Recipient Legal Counsel (If required) Date
Date
Agency Contact:
Judith Ure
Deschutes County
1130 Harriman
Bend Oregon 97701
541-388-6570
State Contact:
Jean Palmateer
ODOT Public Transit Division
55513th Street NE, Suite 3
Salem Oregon 97301
503-986-3472
Jean.m.palmateer@odot.state.or.us
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General (If Over
$100,000)
Date:
Page 9 of 12
Deschutes County/State of Oregon
Agreement No. 24303
EXHIBIT A
PROJECT DESCRIPTION AND BUDGET
Purpose and Project Description
The purpose of this Agreement is to provide funding for Recipient to complete the
following project:
Central Oregon Council on Aging (COCOA) purchase of transportation services for
older adults and people with disabilities as needed to access nutrition and other
programs sponsored by COCOA in Bend.
To the extent possible, Recipient will coordinate the delivery of transportation services
with other public and private transportation providers to enhance regional services and
to avoid duplication of services.
Recipient is encouraged to generate program income to help defray program costs.
Recipient may not use grant -acquired assets to compete unfairly with the private sector.
Project Accounting, Budget and Match
Generally accepted accounting principles and the Recipient's accounting system
determine those costs that are to be accounted for as operating costs. Recipient may
not count the same costs twice if they have multiple agreements for which these costs
may be eligible.
Sources of funding that may be used as match for this Agreement include local funds;
Special Transportation Formula Funds; service contract revenue, advertisement and
other earned income; cash donations; and, verifiable in-kind contributions that are
integral to the project budget. In-kind contributions claimed as match will be reported on
a form provided by ODOT. Recipient will not use fares as match.
Project Expense
Purchased Service
$16,717
TOTAL
$16,717
Project Revenue
Grant funds awarded for this project
$15,000
Donations and other agency income
1,717
TOTAL
$16,717
Source of Matching Share
Donations and other agency income
$1,717
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Deschutes County/State of Oregon
Agreement No. 24303
Project Performance Measures
The following measures are established to evaluate the performance of the service:
1. Individuals served: This measure will identify the numbers of individuals served by
the project, called an Unduplicated Passenger Count (UPC). UPC is defined as the
actual or estimated number of individuals served who are older adults and people
with disabilities that are provided transportation services, not including personal care
attendants and non-paying escorts.
No specific goal is established for this project. Recipient will report the UPC as
available. The methodology for identifying the UPC is at the discretion of the
Recipient.
2. Ridership: The actual or estimated one-way passenger trips provided to older adults
and people with disabilities. A passenger trip is a unit of service counted each time a
passenger enters the vehicle, is transported and then exits the vehicle. Each
different destination would constitute a passenger trip.
A ridership goal is established for this project:
Page 11 of 12
FY 06-07
(current)
FY 07-08 (estimated)
FY 08-09 (estimated)
Trips
0
0
4500
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Deschutes County/State of Oregon
Agreement No. 24303
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-133.
This grant is financed by the funding source as indicated below:
State Program Title:
State funds available through ORS 323.455 and ORS 391.800 through ORS 390.830.
Special Transportation Discretionary Fund.
State Grant Number:
24303
Total State Funding:
$15,000.00
State Funding Agency:
Oregon Department of Transportation
Public Transit Division
Mill Creek Building
555 13th Street NE, Suite 3
Salem OR 97301-4179
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