OHIO DEPARTMENT OF TRANSPORTATION
OFFICE OF TRANSIT
49 USC SECTION 5310
CATALOG FOR DOMESTIC ASSISTANCE NO. 20.513
This Contract for Project No. «Project_» is made by and between the State of Ohio, Department of Transportation (ODOT), and the Grantee, «Name».
In consideration of the mutual covenants, promises, representations and warranties set forth herein the parties agree as follows:
ARTICLE I
DEFINITIONS
Act: the Federal Transit Act.
Administrator: the Administrator of the Office of Transit of ODOT.
Applicant: a Private Nonprofit Corporation which provides or will provide transportation services to Elderly Persons and Persons with Disabilities and which submits an Application.
Application: a request by an Applicant for funding under Section 5310 of the Act, containing all necessary information and meeting all necessary requirements set forth in the Criteria and submitted to ODOT or the appropriate Metropolitan Planning Organization.
C.F.R.: the Code of Federal Regulations.
Capital Item: a vehicle or peripheral equipment as defined in the Proposed Project Budget of the application.
Contract: this Contract, which is identified herein, Federal Grant No. «Federal_Grant_Number»
Criteria: the information provided to Applicants for Grant Funds in the ODOT publication entitled Specialized Transportation Program Criteria, Application Instructions and Application for Fiscal Year «State_Fiscal_Year».
Disadvantaged Business Enterprise (DBE): a firm owned and managed by a socially and economically disadvantaged individual(s) as defined in 49 C.F.R. Part 26.
Delivery Checklist: the document completed at the time of vehicle delivery.
Director: the Director of ODOT.
Disposition: the process by which a Capital Item is released from the Project operating and reporting requirements of the Grant Contract by ODOT. This process may lead either to a sale of a Capital Item or redefinition of its use.
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Elderly Persons and Persons With Disabilities: riders who are either sixty years of age or older or who by reason of illness, injury, age, congenital malfunctions, or other permanent or temporary incapacity or disability, are unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected.
Fair Market Value: current value of an item.
Federal Share: an amount provided by the FTA which is equal up to 80 percent of the Total Project Cost.
FTA: Federal Transit Administration of U.S. DOT.
Geographical Area: city(s), village(s) or county(s) in which transportation service will be provided.
Grant Contract: an agreement between ODOT and the Grantee specifying that up to 80 percent of the Total Project Cost will be from Federal funds and a minimum of 20 percent from local funds, and that the Grantee will carry out the Project as it is set forth in its Application.
Grant Funds: grant funds provided through the Program.
Grantee: an Applicant whose Project is selected by ODOT and FTA to receive Program funds and is identified herein.
Local Share: an amount provided by the Grantee equal to a minimum of 20 percent of the Total Project Cost which must be from non Department of Transportation sources.
MPO: a Metropolitan Planning Organization within an Urbanized Area that has been designated to carry out transportation planning and to act as a forum for cooperative decision making by local elected officials.
Nonurbanized Area: any small urban or rural area not included in an Urbanized area.
ODOT: the Ohio Department of Transportation.
Office: the Office of Transit in ODOT, which administers the Program.
Private Nonprofit Corporation: an Ohio not-for-profit corporation as defined in Chapter 1702 of the Ohio Revised Code.
Private Transportation Provider: any private for profit operator, including but not limited to taxi companies, bus companies and paratransit operators.
Program: the FTA Transportation Program for Elderly Persons and Persons with Disabilities as authorized by 49 USC Section 5310 and administered by the Ohio Department of Transportation’s Office of Transit as the Specialized Transportation Program.
Program Manual: the Specialized Transportation Program manual provided by ODOT to the Grantee.
Project: the project funded by this Contract and described in Article II.
Project Contractor: an independent supplier of service, whether private for profit or private nonprofit, which has an agreement with the Grantee to provide transportation or related services.
Project Director: Contact person designated by the Grantee.
Project Equipment: a vehicle and its ancillary equipment which are designed to provide transportation services to meet the special needs of Elderly Persons and Persons With Disabilities.
Project Life: a period of time the capital item is operated or used under grant contract until Disposition is approved.
Public Body: a county, municipality, public transportation provider, county board of MR/DD, or similar municipal or county board or department which is certified by ODOT to coordinate transportation services.
Public Transportation Provider: any county or municipality-supported transit system, regional transit authority and county transit board.
Service Area: the service area of the Grantee as described in the Grantee's Application.
Standard Assurances: the assurances required of the Grantee by the Criteria and made by the Grantee in its Application.
State: the State of Ohio.
Urbanized Area: an "urbanized area" as designated by the U.S. Bureau of the Census.
US DOT: the United States Department of Transportation.
Useful Life: the minimum accumulation of miles and/or number of years a Capital Item must be operated or used before it is eligible for Disposition, excluding time stockpiled or otherwise unavailable for service.
Vendor: the bidder from whom ODOT purchases a Capital Item.
ARTICLE II
PROJECT SCOPE
SECTION 1. PURPOSE OF CONTRACT:
1.1 The purpose of this Contract is to provide funding for the purchase of a Capital Item, and the operation of the Capital Item, by the Grantee.
1.2 The Grant Funds shall be administered in accordance with this Contract and shall be used to pay up to eighty percent of the cost of the Capital Item purchased under this Contract.
SECTION 2. PROJECT DESCRIPTION:
2.1 Upon delivery of the Capital Item to the Grantee, the Grantee shall undertake and complete the Project as described in its Application with all practicable dispatch. The Capital Item shall be used in a sound, economical and efficient manner for the provision of transportation services to Elderly Persons and Persons With Disabilities. Transportation service shall be provided for the duration of the Useful Life of the Capital Item unless the Grantee provides the Administrator with detailed maintenance and repair records which document, to the satisfaction of ODOT, that said Useful Life has ended.
2.2 The estimated Capital Item costs for the purposes of this Contract are as follows:
PROJECT EQUIPMENT
DESCRIPTION(S)
TOTAL COST FEDERAL SHARE LOCAL SHARE
«Description» «Total_Contract_Amount» «Federal_Contract_Amount» «Local_Share»
SECTION 3. GRANT FUNDS:
3.1 ODOT agrees to administer the Federal Share and the Local Share of the cost of the Capital Item.
SECTION 4. METHOD OF PAYMENT BY THE PARTIES:
4.1 Upon notification by ODOT, the Grantee shall within 30 days, remit the Local Share as stated in Section 2.2 to ODOT. Checks shall be made payable to: Treasurer, State of Ohio. Upon notification to ODOT that the Vendor has delivered a Capital Item which meets the specifications set forth in the purchase order initiated by ODOT, ODOT shall initiate the requisition for payment of the cost of a Capital Item to the Vendor.
SECTION 5. PROJECT ADMINISTRATION:
5.1 The vendor will deliver a title with the agency listed as the owner of the vehicle and ODOT listed as the first lienholder which secures the Federal Share of the cost of the Capital Item. If needed for insurance purposes only, the Grantee may register the title to the Capital item in two names, provided, however, the second name shall be in the name of a public body only and ODOT shall remain as first lienholder. Grantee shall deliver any re-issued original title to ODOT and shall obtain a memorandum title from the Grantee’s home county Clerk of Courts.
5.2 The Grantee shall permit ODOT or any of its agents to review any agreements between the Grantee and any Project Contractor pertaining to the Project. The Grantee shall also permit ODOT or any of its agents to inspect a Capital Item at any time. The Grantee is responsible for fully allocating the costs of items covered in this contract when using these items as the basis for preparing service proposals.
5.3 ODOT shall have the right to conduct an inspection of a Capital Item at any time. Any difference existing in the quantities or types of Capital Items as determined by the physical inspection and the quantities or types of Capital Items reflected on the records maintained by ODOT shall be investigated to determine the cause of the difference. The Grantee shall, at the time of the physical inspection and as otherwise requested by ODOT, verify the current utilization of and current need for the Capital Item.
SECTION 6. USE AND MODIFICATION OF PROJECT EQUIPMENT:
6.1 Project Equipment shall be used only in the following ways:
(a) By the Grantee in the manner described in its Application or, during the periods when the Project Equipment is not needed for the Project, for services to Elderly Persons and Persons With Disabilities outside the Grantee's Service Area;
(b) By Private Nonprofit Organizations in coordinated services for Elderly Persons and Persons With Disabilities, if the service proposed by the Grantee in its Application can still be provided;
(c) By a Private Transportation Provider, by lease or other contractual agreement with the Grantee, for the services described in the Application;
(d) By a Public Transportation Provider or governmental entity, by lease or other contractual agreement with the Grantee, for the services described in the Application; and
(e) For the transportation of the general public, on a space available basis, after the needs of the Elderly Persons and Persons With Disabilities are met, if transportation of the general public is incidental to the primary use of the Project Equipment.
6.2 All of the above listed in paragraph 6.1 require ODOT's prior written approval if the services were not a part of the Grantee's original Application.
6.3 When Project Equipment is operated or used by any agent other than the Grantee, the Grantee shall be deemed responsible for the control and operation of the Project Equipment unless transfer of the control and operation of the Project Equipment to another entity has been authorized by ODOT.
6.4 The Grantee shall maintain Project Equipment in accordance with maintenance and inspection schedules as provided by the manufacturer and in the Program Manual. The Grantee agrees that US DOT and ODOT may withhold financial assistance from the Grantee if the Grantee fails to correct any condition in the Project Equipment which creates a hazard of death or injury. The Grantee hereby agrees that ODOT shall have the right to require the Grantee to restore Project Equipment or to pay for damage to Project Equipment caused by the abuse or misuse of such property.
6.5 The Grantee shall not modify or permit the modification of Project Equipment in any manner without the prior written concurrence of ODOT. ODOT hereby reserves the right to require the Grantee to restore Project Equipment to its original condition or pay for damage to Project Equipment caused by unauthorized modification of such property. Any cost of modification and/or restoration of the Project Equipment shall be paid by the Grantee.
SECTION 7. DISPOSITION OF A CAPITAL ITEM:
7.1 ODOT will approve disposition of a vehicle or other equipment when the useful life standards have been met for that particular item or prior to useful life if extraordinary circumstances are involved. All requests for disposition must be made in writing.
7.2 If ODOT does not believe that a vehicle meets the disposition criteria the Grantee is offered three options: 1) to repay a prorated amount based on straight line depreciation of the federal share based on the vehicle's original purchase price; 2) require the agency to continue operating the vehicle until the mileage reflects a reasonable usage rate; or 3) transfer the vehicle to another agency.
7.3 The Grantee shall not execute any lease, pledge, mortgage, lien, or other contract touching or affecting the Federal Share in any project facilities or equipment, nor shall it obligate itself in any other manner, with any third party with respect to the Project facilities and equipment, unless such lease, pledge, mortgage, lien, contract, or other obligation is either in conformance with the standards of FTA guidelines or is otherwise expressly authorized in writing by ODOT; nor shall the Grantee or any organization that obtains facilities or equipment through this Contract, by any act or omission of any kind, impair its continuing control over the use of Project facilities or equipment.
SECTION 8. REQUIRED INSURANCE COVERAGE:
8.1 The Grantee shall purchase and maintain, throughout the Project life, property insurance upon the Project Equipment which shall protect US DOT, ODOT, the State, and the Grantee, if listed as an owner for loss or damage, including fire or theft, to the Project Equipment. Such insurance shall be maintained upon the Project Equipment in an amount which is equal to eighty percent of its Fair Market Value.
8.2 Additionally, if the Project Equipment is a vehicle, the Grantee shall purchase and maintain, throughout the Project Life, vehicle liability and collision insurance which shall protect US DOT, ODOT, the State and the Grantee from claims for damage to property and bodily injury, including death, which may arise from or in connection with operation of the vehicle by the Grantee or by anyone directly or indirectly associated with the Grantee. The minimum amount of liability insurance the grantee shall maintain is $500,000 per occurrence and $500,000 in the aggregate; $100,000 for bodily injury to or death of any one person arising out of any one accident and the sum of not less than $300,000 for bodily injury to or death of more than one person in any one accident; and for the sum of $50,000 for damage to property arising from any one accident.
8.3 If the Project Equipment is to be located in an area identified by the Secretary of the United States Department of Housing and Urban Development as an area having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, 42 U.S.C., Sections 4011 et. seq., the Grantee shall purchase flood insurance upon the Project Equipment in an amount which is equal to eighty percent of its Fair Market Value.