Metro - Safe Routes to School Program Coordintaor RTO Grant No. 933346 VMetro
600 NE Grand Avenue
Grant Agreement Portland, 97232-2736
503-797-17070 0
Metro Grant 933346
Project: Safe Routes to School
THIS AGREEMENT is between Metro, a metropolitan service district organized under the laws of the State of Oregon and
the Metro Charter, located at 600 N.E. Grand Avenue, Portland, Oregon 97232-2736, and City of Tigard referred to
herein as "Grantee," located at 13125 SW Hall Blvd., Tigard, Oregon 97223.
A. Recitals
1. Metro and its Regional Travel Option's(RTO)program is the recipient of Federal Transit Administration ("FTA")
Congestion Mitigation and Air Quality(CMAQ) and Surface Transportation Program (STP) grant funds, and wishes to
enter into this Agreement with the Grantee, utilizing these federal funds.
2. Metro considers the Grantee to be a subrecipient of federal funds. Funding for this project is obtained from a Grant
Agreement between Metro and the FTA, utilizing Congestion Mitigation and Air Quality(CMAQ) or Surface Transportation
Program (STP)funds, CFDA No. 20.507. As federal funds are involved in the Agreement, Exhibit C—Federal Clauses,
Attachments A and B and Exhibit D—Department of Labor Clauses are attached hereto and by this reference made a part
of this Agreement as if set forth in full.
3. The Regional Travel Options Program, hereinafter referred to as the"RTO Program" is a program of Metro designed
to assist local governments and non-profit agencies in managing demand on the transportation system and increasing use
of travel options.
4. Metro selected Grantee, through a competitive process, to receive partial funding for the purpose of supporting
the City of Tigard's project—Safe Routes to School, This project will fund a full-time Safe Routes to School (SRTS)
Coordinator position in the City of Tigard for fiscal years 2016 and 2017. The Coordinator will be the hub of Citywide and
Tigard-Tualatin School District(TTSD)efforts to promote walking and bicycling for school and other trips. By working
directly with individual schools, Tigard SRTS will reinforce the City's commitment to being "The most walkable community
in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives." The program will
also be a model to other cities in the Portland Metro region, demonstrating how a citywide program offers in-depth and
personalized encouragement and outreach that can effectively shift travel behaviors. This project is expected to further
the RTO effort toward accomplishing Regional Transportation Plan modal target of 40% non-SOV trips or higher, by the
year 2040. The work plan elements outlined here are elements of a much larger Grantee work plan that is being partially
funded using requested METRO RTO grant dollars for Metro fiscal years 15 -16 and 16-17.
B. Effective Date and Duration
The beginning date of this Agreement is July 1, 2015, and shall remain in effect until and including June 30, 2017 unless
terminated or extended as provided in this Agreement. Costs incurred on or after July 1, 2015 which are deemed
allowable costs for this project, will be reimbursed once all parties have signed this Agreement and Metro has been
presented with the appropriate invoice and documentation.
C. Scope of Work
Grantee shall provide all services and materials specified in the attached "Exhibit A—Scope of Work,"which is
incorporated into this Agreement by this reference as if set forth in full. Grantee in accordance with the Scope of Work
shall provide all services and materials, in a competent and professional manner. To the extent that the Scope of Work
contains additional Agreement provisions or waives any provision in the body of this Agreement, the Scope of Work shall
control.
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Form 5011-A
VMetro
600 NE Grand Avenue
Grant Agreement Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
D. Compensation
The total Agreement amount is ONE HUNDRED SIXTY SEVEN ONE HUNDRED SIXTY EIGHT AND NO/100'n•5
DOLLARS ($167,168.00). This amount includes(1) FTA GRANT funds to be dispersed to Grantee not to exceed ONE
HUNDRED FIFTY THOUSAND AND NO/100th's DOLLARS ($150,000.00; (2) Grantee's non federal local match of
SEVENTEEN THOUSAND ONE HUNDRED SIXTY EIGHT AND NO/100' s DOLLARS ($17,168.00).
E. Payment
1. All invoice payments are conditional upon Metro's Project Manager approval of the Quarterly Progress Reports.
Grantee shall present cost reports, reimbursement requests and progress reports to Metro's RTO Project Manager on a
quarterly basis.
2. Qualified costs are direct project costs, incurred by the Grantee and personal services contractor(s) during the term of
this Agreement that are eligible for federal funds. Metro shall reimburse Grantee for qualified costs for work described in
Exhibit A, in accordance with:
• Uniform Guidance—Super Circular
3. Invoices shall display one hundred percent(100%)of the total project costs incurred during the period of the invoice,
and identify any required matching amounts, if applicable. If Metro requests documentation, including without limitation
copies of receipts for expenditures, timesheets, or system-generated accounting reports documenting the actual expense,
Metro must receive the documentation before Metro makes payment.
F. Subcontracts
1. Grantee shall not enter into any subcontract for any of the Services required by this Agreement without Metro's prior
written consent. Upon approval by Metro of a subcontract, the parties will amend the Agreement to include provisions
related to the subcontract.
2. Metro's consent to any subcontract shall not relieve Grantee of any of its duties or obligations under this Agreement.
Payment under the terms of this Agreement will be made to the Grantee and subcontractors have no right to payment
directly from the Metro.
3. Grantee is solely responsible for paying Grantee's subcontractors and nothing contained herein shall create or be
construed to create any contractual relationship between any subcontractor and Metro.
G. Records Maintenance—Access
1. Grantee shall maintain all fiscal records relating to this Agreement in accordance with generally accepted accounting
principles("GAAP"). In addition, Grantee shall maintain any other records pertinent to this Agreement in such a manner as
to clearly document Grantee's performance.
2. Grantee acknowledges and agrees that Metro,the FTA, the Comptroller General of the United States and/or their duly
authorized representatives shall have access to such fiscal records and other books, documents, timesheets, papers, plans
and writings of Grantee that are pertinent to this Agreement to perform examinations and audits and make excerpts and
transcripts.
3. Grantee shall retain and keep accessible all such fiscal records, books, documents,timesheets, papers, plans, and
writings for a minimum of six(6) years, or such longer period as may be required by applicable law, following final payment
and termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this
Agreement, whichever date is later.
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VMetro
600 NE Grand Avenue
Grant Agreement Portland, 97232-2736
503-797-17070 0
Metro Grant 933346
H. Indemnity
Grantee is an independent contractor and assumes full responsibility for the performance of the Scope of Work and the
content of its work and performance. Grantee agrees to indemnify and defend Metro and hold Metro, its agents,
employees and elected officials harmless from any and all claims, demands, damages, actions, losses, and expenses,
including attorney's fees at trial and on appeal, arising out of or in any way connected with its performance of this
Agreement.
I. Termination
Metro may terminate this Agreement after providing Grantee seven (7)days'written notice. In the event of termination,
Grantee shall be entitled to payment for qualified costs incurred before the date of termination. Metro shall not be liable for
indirect or consequential damages. Termination by Metro shall not waive any claim or remedies it may have against
Grantee.
J. Insurance
1. Grantee shall purchase and maintain at Grantee's expense,the following types of insurance,covering Grantee, its
employees, and agents:
a) The most recently approved ISO(Insurance Services Office) Commercial General Liability policy, or its
equivalent, written on an occurrence basis,with limits not less than $1,000,000.00 per occurrence and
$1,000,000.00 aggregate. The policy will include coverage for bodily injury, property damage, personal injury,
contractual liability, premises and products/completed operations. Grantee's coverage will be primary as
respects Metro.
b) Automobile insurance with coverage for bodily injury and property damage and with limits not less than minimum
of$1,000,000.00 per occurrence.
C) Workers' Compensation insurance meeting Oregon statutory requirements including Employer's Liability with
limits not less than $500,000.00 per accident or disease.
2. Metro, its elected officials, departments, employees, and agents shall be named as ADDITIONAL INSUREDS on
Commercial General Liability and Automobile policies.
3. Grantee shall provide to Metro thirty(30) days'written notice of any material change or policy cancellation.
4. Grantee shall provide Metro with a Certificate of Insurance complying with this article upon return of the Grantee's
signed Agreement to Metro. The Certificate of Insurance shall identify the Metro Grant number(933346).
K. Right to Withhold Payments
Metro shall have the right to withhold from payments due Grantee such sums as necessary, in Metro's sole opinion,to
protect Metro against any loss, damage or claim which may result from Grantee's performance or failure to perform under
this Agreement or the failure of Grantee to make proper payment to any suppliers or subcontractors.
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Form 5011-A
VMetra
600 NE Grand Avenue
Grant Agreement Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
L. Federal,State,and Local Law Compliance
1. Grantee shall comply with the public contracting provisions of ORS chapters 279A, 279B and 279C and the recycling
provisions of ORS 27913.025 to the extent those provisions apply to this Agreement. All such provisions required to be
included in this Agreement are incorporated herein by reference. Grantee shall comply with all applicable requirements of
state civil rights and rehabilitation statutes, rules and regulations.
2. This Agreement is subject to a financial assistance agreement between Metro and the Federal Transit Administration
(FTA). Grantee shall comply with all applicable federal laws, regulations, executive orders, rules, policies, procedures and
directives, whether or not expressly set forth in this Agreement, including but not limited to the following, which are
incorporated into and made a part hereof:
• the terms and conditions applicable to a"recipient"set forth in the October 1, 2014 FTA Master Agreement[FTA MA
21]or most recent between Metro and the FTA
• FTA Circular 5010.1 D, Grant Management Requirements
• FTA Circular 4220.1 F, 3`d Party Procurement Requirements
• Uniform Guidance—Super Circular
3. Grantee also shall comply with federal, state, and local laws, statutes, and ordinances relative to, but is not limited to,
non-discrimination, safety and health, environmental protection,waste reduction and recycling, fire protection, permits, fees
and similar subjects.
M. Discrimination Prohibited
No recipient or proposed recipient of any services or other assistance under the provisions of this Agreement or any program
related to this Agreement may be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity funded in whole or in part with the funds made available through this Agreement on the
grounds of race, color, or national origin,42 U.S.C. §2000d (Title VI), or on the grounds of religion, sex, ancestry, age, or
disability as that term is defined in the Americans with Disabilities Act. For purposes of this section, "program or activity" is
defined as any function conducted by an identifiable administrative unit of the Grantee receiving funds pursuant to this
Agreement.
N. Ownership of Documents and Credit to Metro
1. All documents of any nature including, but not limited to, reports, drawings, works of art and photographs, produced by
Grantee pursuant to this Agreement are the property of Metro, and it is agreed by the parties that such documents are works
made for hire. Grantee hereby conveys, transfers, and grants to Metro all rights of reproduction and the copyright to all such
documents.
2. Grantee shall ensure that all communications tools related to work performed under this Agreement including without
limitation brochures and advertisements, include language found in Exhibit B—"Partnership Requirements"which is
attached hereto and by this reference made a part of this Agreement as if set forth in full.
O. Project Information
Grantee shall share all project information and fully cooperate with Metro, informing Metro of all aspects of the project
including actual or potential problems or defects. Grantee shall abstain from releasing any information or project news
without the prior and specific written approval of Metro.
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Form 501 1-A
VMetro
600 NE Grand Avenue
Grant Agreement Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
P. Independent Contractor Status
1. Grantee shall bean independent Contractor for all purposes and shall be entitled only to the compensation provided for
in this Agreement. Under no circumstances shall Grantee be considered an employee of Metro.
2. Grantee shall provide all tools or equipment necessary to carry out this Agreement, and shall exercise complete control
in achieving the results specified in the Scope of Work.
3. Grantee is solely responsible for its performance under this Agreement and the quality of its work;for obtaining and
maintaining all licenses and certifications necessary to carry out this Agreement; for payment of any fees, taxes, royalties, or
other expenses necessary to complete the work except as otherwise specified in the Scope of Work; and for meeting all
other requirements of law in carrying out this Agreement.
4. Grantee shall identify and certify tax status and identification number through execution of IRS form W-9 prior to
submitting any request for payment to Metro.
Q. Assignment
Grantee may not assign or transfer this Agreement without written permission from Metro.
R. Choice of Law
The situs of this Agreement is Portland, Oregon. Any litigation over this Agreement shall be governed by the laws of the
State of Oregon and shall be conducted in the Circuit Court of the State of Oregon for Multnomah County, or, if jurisdiction is
proper, in the U.S. District Court for the District of Oregon.
S. No Waiver of Claims
The failure to enforce any provision of this Agreement shall not constitute a waiver by Metro of that or any other provision.
T. Modification
Notwithstanding and succeeding any and all prior agreements or practices, this Agreement constitutes the entire Agreement
between the parties, and may only be expressly modified in writing, signed by both parties.
U. Severability
If any clause, sentence or any other portion of the terms and conditions of this Grant Agreement becomes illegal, null or
void for any reason, the remaining portions will remain in full force and effect to the fullest extent permitted by law.
V. No Special or Consequential Damages
Grantee expressly waives any claims against Metro regarding the Scope of Work under this Agreement. Metro's liability
under this Agreement shall be limited to payment of the Grant Funds, to the extent that Grantee has fully and completely
complied with all terms and conditions of this Agreement. In no event shall Metro be liable for and the Grantee specifically
releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages
(in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope
of Work or this Agreement, however caused, whether or not arising from Metro's sole,joint or concurrent negligence.
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Revised March 2013
Form 5011-A
VMetro
600 NE Grand Avenue
Grant Agreement Portland, 97232-2736
503-797-17070 0
Metro Grant 933346
GRANTEE, BY EXECUTION OF THIS AGREEMENT TO AGREE, HEREBY ACKNOWLEDGES THAT GRANTEE HAS
READ THIS AGREEMENT TO AGREE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
Cityof
Tigard Metro
By: /6'1 By: ^
Printed: MO r4l'A L• yV Irk Printed: /rk.s-+('ryt 1, Lo/l`y
Title: L 1N Mia q, Title: 19, JV, F-)I^fAi AS-
Date: �• 10, -2015 Date: 61301is
DUNS#: 8D l CfD �)4`.
Federal ID (EIN)#: — (/'5)A"-TLJ
Grantee Congressional District:
Grantee Geographic location:
Name of Title VI Officer:
Fiscal Year:
Percentage of annual revenue (previous F )from all federal sources:
Accounting software: 1
Provide:
Copy of most recent A-133 audit
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Revised March 2013
Form 5011-A
Metro
Exhibit A — Scope of Work 600and,OR97232-NE Grand e
Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
Part 1. Scope of Work
Project Description
This project will fund a full-time Safe Routes to School (SRTS) Coordinator position in the City of Tigard for fiscal years
2016 and 2017. The Coordinator will be the hub of Citywide and Tigard-Tualatin School District(TTSD) efforts to promote
walking and bicycling for school and other trips. By working directly with individual schools, Tigard SRTS will reinforce the
City's commitment to being "The most walkable community in the Pacific Northwest where people of all ages and abilities
enjoy healthy and interconnected lives". The program will also be a model to other cities in the Portland Metro region,
demonstrating how a citywide program offers in-depth and personalized encouragement and outreach that can effectively
shift travel behaviors.
Background
Between 1969 and 2004, the percentage of school-age children who walked or biked to school dropped from roughly 50
to 15%, nationally. Similarly, the proportion of Tigard residents commuting by foot has decreased 29% in recent years.
This program addresses this issue and ties into citywide efforts to promote walking and bicycling as viable modes of
transportation in Tigard. Such improvements will have a far-reaching impact, as 85% of the City of Tigard is within a half-
mile of a school. By focusing on students'travel, the program will reach families throughout Tigard and help establish
transportation habits from an early age. SRTS programs have proven effectiveness in shifting school trips to walking and
bicycling.
Tigard is not unusual in having schools near arterials and collectors that are difficult to cross, and local streets around
schools with inadequate sidewalks, signage, pedestrian and bicycle safety devices, or bike parking. Currently, access to
schools in Tigard does not fit with the City's strategic vision. Initiating a SRTS program at four schools acknowledges the
work that needs to be done, and a commitment to do it. The City has made significant investments in order to realize its
vision and will continue to prioritize infrastructure that improves safety and access for people on foot and on bikes. The
City of Tigard will build on this momentum and has committed to realigning its Capital Improvement Plan (CIP)to support
safe walking and bicycling routes to schools.
Several other departments and organizations within Tigard are currently hosting events and conducting outreach around
walking and bicycling.
This year, City has begun working with elementary middle schools in the TTSD to reestablish walking and biking to school
as a way of life in Tigard. City staff are currently working with TTSD, school staff, parents, and police to develop Action
Plans and encourage Parent-Student Organizations (PSOs)to support SRTS activities such as Walk& Roll to School Day
and Walking School Buses. The City is currently working with three schools during the 2014-15 school year:
Templeton Elementary: A walk audit was held on November 20, 2014 to observe conditions at Templeton as
part of the Action Plan development process. The PSO was actively involved in the audit, and some parents have started
an informal Walking School Bus program with students in their neighborhood.
Metzger Elementary: In September 2014, the City partnered with neighbors, staff, and volunteers on a new bike
and pedestrian path connecting Metzger Elementary School and the Learning Tree Child Care Center. The school hosted
International Walk & Roll to School Day in October 2014 and the PE teacher has shown interest in providing bicycle safety
education to students.
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VMetro
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Exhibit A — Scope of Work 600Nnd,OR 7232-2
Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
Deer Creek: While outside the City limits, Deer Creek Elementary has many students from Tigard. School staff
are working with Washington County SRTS, City of Tigard, and TTSD to plan a walk audit and identify safety
improvements.
In addition, staff have been meeting with principals and PSOs at Durham Elementary, Alberta Ryder, and Twality Middle
School. Staff attended and spoke with parents at back to school nights, but lacked outreach materials and resources to
engage parents around discussions of transportation options. Staff have also met with TTSD, Tigard Public Library, Tigard
Bicycle/Pedestrian Subcommittee,Washington County SRTS, and Washington County Bicycle Transportation Coalition,
Bicycle Transportation Alliance, and SRTS National Partnership staff to discuss their support of education efforts and the
RTO grant.
This project will expand the reach by enabling staff to develop and implement Action Plans at all schools in Tigard, as well
as establishing avenues for coordination such as a SRTS Task Force and a formal SRTS Champion program that will
continue the program in the future.
Project Goals/Expected Outcomes
The Tigard SRTS Program will hire a SRTS Coordinator in the City of Tigard for fiscal years 2016 and 2017 to establish
SRTS education, encouragement, and outreach programs at the nine City of Tigard Tigard-Tualatin School District
(TTSD) schools. The specific targeted outcomes of this project include:
• Reduce the number of driving trips to schools in the City of Tigard, while improving safety for students and their
families.
• Educate students and their parents about the benefits of walking and bicycling as well as how to walk and bicycle
safely.
• Improve traffic safety and circulation by working with the City of Tigard, TTSD, and school stakeholders to
develop school action plans and amend capital improvement plans.
• Identify SRTS Champions at all schools, to help build the program and sustain activities after the grant has
expired.
These outcomes will be achieved by coordination with partners at Washington County, TTSD, the City of Tualatin,the
SRTS National Partnership and the schools themselves.
Promote Walking and Bicycling
Encouragement and outreach activities will promote active transportation modes to families in Tigard by educating them
on the best route and by overcoming safety concerns. Events such as International Walk & Roll to School Day and
activities like Walking School Buses enable students to walk or bike to school with a group, alleviating parents' concerns.
Parents'traffic safety concerns deter 40%of students from walking or biking to school in the US, but traffic control
measures and safe crossings alleviate these concerns.' Improvements identified through the walk audits will be prioritized
for the City's CIP to provide the infrastructure for safe walking and bicycling routes to school.
Educate Families about Safe Walking and Bicycling
The primary role of the new SRTS Coordinator will be to create an outreach strategy, convene a Task Force, and
coordinate with parent and school SRTS Champions to coordinate and implement SRTS activities throughout Tigard. The
Coordinator will work with outside groups, such as the Washington County Bicycle transportation Commission,
Washington County SRTS group, Bicycle Transportation Alliance, and the SRTS National Partnership to work together on
regional issues, maintain best practices locally, and share local successes.
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600 NE Grand Avenue
Exhibit A — Scope of Work Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
Improve Traffic Safety and Circulation
The program will formalize and support existing City efforts towards improving walkability in Tigard, enabling City staff to
complete Action Plans for all schools in the Tigard-Tualatin School District(TTSD) and begin implementation. It will also
fund educational programming that will teach students how to walk and bicycle safely, reducing injuries and encouraging
parents to allow their children to walk and bicycle to school.
Build a Sustainable Program
This program lays out the groundwork for an ongoing partnership between the City and TTSD, establishing priorities and
avenues for coordination that will continue after grant funding expires. In particular, the monthly Task Force will serve as a
regular avenue for local and regional coordination between education/encouragement, engineering, enforcement, and
evaluation implementers. In addition, the SRTS Champion program lays out strategies for identifying, maintaining, and
replacing parent volunteers as they naturally transition. Finally, the walk audits at all schools, completed through the grant,
will identify and prioritize infrastructure improvements. The list of priority improvements will inform the City's CIP, and will
institutionalize safety improvements.
Evaluation Plan
A robust evaluation is planned for the Tigard SRTS Program, to demonstrate the program impacts and benefits to
community members as well as other jurisdictions that may be interested in developing SRTS programs locally.
Data collection will follow approved NC-SRTS methodologies and will include:
Hand tallies at all schools each fall and spring to provide the most reliable and accurate student commute mode
split information.
Parent surveys in fall 2015 and again in spring 2017 to compare before and after perceptions of the benefits of
active transportation and barriers to walking and bicycling.
Student and parent participation in SRTS activities and events, to indicate the number of people reached by
the program and number of events offered. Surveys or evaluation forms will be used to solicit success stories or other
feedback, which can be used to gauge interest and perceptions about the program.
The data will be combined into a report that will track program progress toward goals. Results will be presented for the
overall program as well as highlights at each school. The report will be a resource for educating the public about the
benefits of SRTS in Tigard and how the community as a whole profits from the programming. The evaluation will also
identify which activities and events are popular and which may need to be improved or changed. This will help program
staff refine education and encouragement efforts to better serve the community.
Project Staff
The primary project team members are summarized below. For key project team members, the table shows the percent of
time that they will work on this project. To reflect the varying activities over the course of the project, this is indicated as a
range or at the level during the individual's primary involvement. The grant will enable the hiring of a full-time SRTS
Coordinator, who will be the conduit of information between City staff, school staff, parents, teachers, and others.
In addition to the primary project staff, the project manager will enlist the support of other staff members who have
relevant expertise, experience, or responsibilities. The total hours that these individuals will dedicate to the project are
marginal. However, their expertise will inform various phases of the project, such as holding walk audits, identifying
infrastructure improvements, developing graphics and the project website, and reaching out to county and regional staff.
Their assistance will ensure coordination between existing trail or street projects and maintenance to benefit SRTS efforts.
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OMA/MB 9 of 49
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600 NE Grand Avenue
Exhibit A — Scope of Work Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
Table 1. City Project Team
Years of % of
Staff Name,Title Pro-ect Role FExperience Time
Primary Staff
Kenny Asher, Community Development Program Director 20 7%
Director
TBD SRTS Coordinator TBD 100
Secondary Staff
Buff Brown, Senior Transportation Planner School Action Planner 10%
Cheryl Caines, Associate Planner School Action Planner 9 3%
John Floyd, Associate Planner School Action Planner 10 3%
Gary Pagenstecher, Associate Planner School Action Planner 16 3%
Meghan Vehrey, Graphic Designer Graphic Designer 4%
Amber Bell, Library Library Coordination 1%
Rudy Owens, Communications Strategist SRTS Communications 8 4%
Nancy Lof, Web Services Coordinator SRTS Web Coordinator 6 3%
Tim Lehrbach, Permit Center Specialist School Action Planning 3 4%
Note: The City shall notify Metro in writing of any staffing change(s) within ten(10)business days of such change.
Agreement to any changes in staff working on grant programming shall be approved by Metro. Metro shall notify the City
in writing of acceptance of staff changes.
Major Project Tasks
Task 1. Project Management
1.1 Hire SRTS Coordinator
The City will use Attachment A. Job Posting to solicit applications for the Tigard SRTS Coordinator position. The Posting
will be publicized throughout the community and regional networks, such as through the SRTS-National Partnership
newsletter to maximize exposure.
Deliverables
• SRTS Coordinator hired, by July 31, 2015
1.2 Stakeholder Outreach Plan
The SRTS Coordinator will develop an Outreach Plan to identify stakeholders and outreach methods. This will include a
strategy for convening the SRTS Task Force(see Task 1.3). The Coordinator will list existing groups or organizations that
may support the Tigard SRTS efforts, such as TTSD, the Tigard Public Library, the Tigard Bicycle/Pedestrian
Subcommittee, local bicycle shops or major employers, and other community groups such as business associations. The
Coordinator will consider methods of informing parents and community members about the SRTS program activities and
events.
The Outreach Plan will include a schedule of activities throughout the Grant period and identify deadlines for key events,
such as back-to-school, International Walk &Roll to School Day, Family Bike Festival, and a spring event.
Deliverables
• Outreach Plan, by September 30, 2015
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VMetro
Exhibit A — Scope of Work 600 NE Grand OR 7232-2
Avenue
Portland,OR 97232-2736
503-797-1700
Metro Grant 933346
1.3 SRTS Task Force
The SRTS Coordinator will identify project participants, including City of Tigard, City of Tualatin, TTSD, Washington
County, SRTS-National Partnership, and school staff, parents, teachers, and other stakeholders who may be interested in
participating. Staff will conduct direct outreach to stakeholders and current community volunteers to establish the Tigard
SRTS Task Force, as well as working with individual schools to identify and retain parent and teacher volunteer School
Champions.
During Year 1, the Task Force will be charged with developing a shared vision, goals, and objectives for the program, and
identifying community resources and capacity that can be leveraged in support of this program. During Year 2 of the
program, the Task Force will identify major activities and commitments within a 1-5 year time frame. Throughout both
years, the Task Force will be asked to review and comment on major strategic questions and products.
Deliverables
• SRTS Task Force roster, by October 31, 2015
• SRTS Task Force meeting agendas and minutes, ongoing
1.4 Promotional Materials
The SRTS Coordinator will work with City staff to develop a unique'brand'that reflects the City of Tigard's commitment to
the program. The visual materials will reflect the program goals and objectives, tying the SRTS program to broader City
initiatives and strategies and reaching beyond the SRTS safety messaging. For example, Tigard's recently adopted long-
term strategic plan vision to become "The most walkable community in the Pacific Northwest where people of al/ages and
abilities enjoy healthy and interconnected lives"will serve to support and enhance SRTS messaging. The brand and
consistent graphic design will formalize and legitimize the program.
After the brand is developed, the SRTS Coordinator will create a brochure and regular newsletters that publicize the
program at schools and educate the public about the benefits of SRTS programs. These may list suggestions for safe
walking, bicycling, and driving with students, as well as resources for parents who may be interested in volunteering.
Sample informational brochures include: ODOT's Back to School Information, Portland SRTS brochure, and Pico Rivera
SRTS. Newsletter samples include: Portland SRTS newsletter and Alameda County SRTS newsletters. An informational
handout has been developed for this grant, and is provided as Attachment B.
The City will set up a SRTS page on its website, which will highlight the SRTS brochure and upcoming events. The page
will include information about ongoing activities, opportunities to volunteer, tips for safe walking, bicycling, and driving, and
school action plans and maps as they are completed. Sample websites for SRTS programs include: Eugene's SRTS,
Portland SRTS, Alameda County SRTS, Marin County SRTS, Safe Routes Philly, and Elmhurst District 205 SRTS.
Deliverables
• Draft and final Tigard Safe Routes to School Program visuals, by August 31, 2015
• Printed program material guidelines and messaging, including appropriate colors and typestyles, that coordinate
with existing City of Tigard branding), by August 31, 2015
• Tigard SRTS web page, by August 31, 2015
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Task 2. Student Education & Encouragement
In addition to specific education and encouragement activities listed below, the SRTS Coordinator will encourage
classroom teachers to integrate active transportation promotion into other lessons. For example, the hand tally could be
implemented as part of a math class, or students in a science class could calculate their emissions from getting to school
to understand the impact of their transportation decisions. The National Highway Traffic Safety Administration (NHTSA)
has ideas for SRTS classroom activities. More resources are available from ECO2school, Streets education, and the
Alameda County SRTS's Educator's Guide.
Task 2.1 Citywide Walk& Roll to School Day
Kicking off the school year with a citywide coordinated event will help launch the program and generate excitement at new
schools. An event bringing in the new year will also energize students at the four schools already engaged with SRTS.
International Walk and Roll to School Day, held the first Wednesday in October, will be a catalyst for SRTS activities.
The SRTS Coordinator will work with the Task Force to identify volunteers, plan events, coordinate distribution of
resources, and solicit media attention to publicize the Walk& Roll to School Day. The City will issue a press release and
help coordinate media attention at Walk& Roll to School Days throughout Tigard.
The City will make use of multiple Walk & Roll to School Day resources publically available, including International Walk
Bike to School, ODOT's Monthly Walk Bike Incentives, and Portland's Walk and Bike Challenge Month.
Deliverables
• Walk & Roll to School Day coordination, October 2015 and 2016
• Walk & Roll to School Day packet of materials for volunteers, by September 30, 2015
Task 2.2 Student Incentives Programs
The SRTS Coordinator will work with the Task Force and SRTS Champions to develop a toolkit of incentive campaigns
that will be offered at all schools, allowing flexibility for each school. The SRTS Coordinator will assemble a toolkit of
resources for SRTS Champions, potentially including:
• Timeline of responsibilities and deadlines
• Sample outreach text copy for school newsletters and PA announcement
• Fliers, posters, or banners announcing the event
• Suggestions for spreading the word, such as through a meet&green table
• Volunteer sign-up sheets
• Incentive give-aways
• Suggestions for activities to enhance the event
In addition to the major events days, schools will be encouraged to select a day each week or an entire week or month for
additional Walk & Roll events, such as Walk and Roll Wednesdays, or Bike and Walk Fridays, Walktober, Bike Month, etc.
Encouragement programs will make use of readily-available resources, such as the Monthly Walk and Bike Themes
available from the Oregon SRTS website, as well as the May Walk + Bike Challenge, Fire Up Your Feet, and Marin
SRTS's Walk & Roll Guidebook.
Recognizing that SRTS efforts are more effective when schools and volunteers have the flexibility to implement activities
and events particularly interesting to them, the SRTS Coordinator will support volunteers in developing and establishing a
range of programs. The Coordinator will also work with Twality and Fowler Middle Schools to identify and modify activities
to appeal to middle schools students. For example, while elementary school students may be encouraged to participate
with small incentives such as stickers or stamps, middle school students may benefit from larger raffle items, such as
sneakers, umbrellas, or bike lights.
Finally, the SRTS Coordinator will work with local businesses and the PSOs to solicit incentives to offer participating
students and families. Incentives as simple as coffee and muffins can encourage parents to walk to school and visit with
other parents, while larger donations can be sponsorship and advertising opportunities for local businesses. The
Coordinator will also take advantage of free incentives, such as those available through the Oregon SRTS program.
Deliverables
• Parent and school volunteer schedule with incentive programs to promote walking and bicycling, ongoing
Revised May 2013
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Exhibit A — Scope of Work Por Grand Avenue
Portlaann d,OR 97232-2736
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Task 2.3 Student Pedestrian Education
Pedestrian traffic safety education is an essential component of a SRTS program and builds important skills that enable
students to feel natural traveling by foot. The SRTS Coordinator and TTSD PE teachers will become trained through
ODOT's free train-the-trainers education, and will provide pedestrian safety education to third grade classrooms using the
Oregon SRTS's Neighborhood Navigators curriculum. The coordinator will organize and facilitate the training, and help
interested teachers serve all schools in the program.
Deliverables
• In-class pedestrian education for all third grade students, by November 30, 2015
Task 2.4 Student Bicycle Education
Bicycle safety education is particularly beneficial for middle school students, who can travel further than younger students
and who may be trusted to get to school on their own. This age group can make decisions about bicycling on low-traffic
streets, if they are aware of the proper rules of the road and comfortable riding a bicycle while being aware of their
surroundings.
The student education component will include in-classroom lessons and on-bicycle'bike rodeos' focused on middle
school students. To minimize the logistics for moving the bike fleet and training teachers, Tigard will purchase a 40-bike
fleet, a trailer, tools, helmets, and pursue a maintenance contract with a local bike shop to support the education. TTSD
has agreed to store the trailer when not being used for training.
In the first year of the grant, the City will work with the Bicycle Transportation Alliance(BTA)to train TTSD teachers in
their Walk + Bike Youth Education curriculum. The goal will be for all sixth grade students to receive the 10-lesson Safe
Routes for Kids curriculum, generally taught in one-hour lessons over the course of 10 consecutive school days or two-
hour lessons over the course of 5 consecutive days. Program includes in-class and on-the-bike instruction, a fleet of
bikes and helmets, parent release forms, pre and post-tests to evaluate progress, and a graduation ride. PE teachers at
those schools will attend and participate in the lessons and become trained to teach the course to the remaining PE
classes themselves, and at all classes in following years.
In addition, a PE teacher at Metzger Elementary is currently providing bicycle education, but is renting the BTA's fleet,
which will no longer be available. The bicycle fleet purchased through the grant will be made available to Metzger and
other elementary schools that may want to provide bicycle education or hold bicycle events independent of grant funding.
Deliverables
• Bike education program for all sixth grade students at Twality and Fowler Middle Schools, by May 31, 2016
sustained by the PE teachers at the schools
Task 3. Parent Education & Encouragement
Task 3.1 SRTS Champion Program
A robust SRTS Champion program will be developed to identify, support, and nurture volunteers at each participating
school. Champions will have clear responsibilities and support from the SRTS Coordinator to lead implementation efforts
at their school. The program will be designed to foster participation from multiple volunteers and to set up expectations for
finding replacement Champions as needed. Sample SRTS Champion materials are available from the Alameda County
SRTS Program.
Deliverables
• Materials for the SRTS Champion program, ongoing. Materials may include:
o Agreement form between the Champion and the City, outlining roles and expectations
o Packet of materials about the Tigard SRTS program, timeline of events, SRTS goals and resources,
suggested activities, sample outreach text, and volunteer forms
o Training materials to recruit interested parents, teachers, and school staff to kick-off the school year
o Recognition program to reward participating SRTS Champions at the end of the school year, such as a
barbeque or pizza party with small awards
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Exhibit A — Scope of Work Portland,OR 97232-2736
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Metro Grant 933346
Task 3.2 Parent Education
Parent trainings educate parents about the SRTS program, benefits of participating, and how they can get involved.
Trainings will provide parents with information they will need to safely walk and bicycle with their children to school and
will address common concerns parents may have. The trainings will also highlight specific SRTS activities, such as
Walking School Buses and Bike Trains, which can overcome parents' concerns about supervision, traffic safety, and
stranger danger. One education presentation will be held at each school each year.
More parents can attend educational activities if childcare is provided.A parallel bike skills workshop can be held to that
will not only entertain children, but also teach them valuable bicycling skills and rules of the road.
Deliverables
• Parent Education Trainings(one per school per year; 18 total), ongoing, ideally in the fall
• Walking School Bus/Bike Train outreach and encouragement, ongoing
Task 3.3 Family Bike Safety Festival
An annual Family Bike Safety Festival will serve families at all schools. A free bike rodeo will be provided offer a bicycle
safety check, a helmet pledge, skills stations, and an obstacle course. The SRTS Coordinator will solicit incentives and
give-aways, such as helmets, and will partner with local bike shops to provide repairs. This event will be a visible way of
encouraging families to get their bikes out of storage, and may be modeled on other events, such as the Santa Monica
Family Bike Fest.
This event should include other groups in the area, such as the Washington County Bicycle Transportation Coalition
(BTC), who is offering a bicycle summer camp in Tigard during summer 2015, and the Bicycle Transportation Alliance.
Deliverables
• Annual Family Bike Safety Festival, spring/summer 2016 and 2017
Task 4. Engineering
Task 4.1 School Improvement and Action Plans
The SRTS Coordinator will organize and lead walk audits and development of school Action Plans at all schools in Tigard,
in coordination with City staff. To kick off the Action Plan development, the Coordinator will meet with school staff to
identify specific areas of concern or concerning behaviors. Contacts at four schools have already been established to
begin work on the Action Plans for each school. A walk audit will be held to observe circulation and drivers',walkers', and
bicyclists' behaviors during morning drop-off. School, District, and City staff, as well as the SRTS Coordinator, police,
parents, and the school community,will be invited to attend and share their observations. At schools on the border or
outside of Tigard, staff will work with Washington County staff to determine improvements on County roads. The County
is currently inventorying County roads within a mile of Metzger,Alberta Rider, and Deer Creek Elementary Schools.
The City anticipates initiating Action Plans for four schools prior to the grant funding, and will be developing Plans for the
remaining six schools as part of the grant-funded efforts. The City will make use of resources for developing Action Plans
on the Oregon SRTS Website as well as technical assistance from Washington County staff.
Using the information compiled from the Action Plans and community feedback, City staff will develop a map for each
school that shows the bicycle and pedestrian facilities and access within a mile or less of the school. The map will show
crossing guard locations, crosswalks, traffic signals, sidewalk locations, trails, bike parking, and other facilities. Example
suggested route maps include Portland SRTS Recommended Route Map and Pico Rivera CA Suggested Route Map.
Deliverables
• Conduct walk audits at eight schools, ongoing
• Develop Action Plans and School Improvement Plans at eight schools, ongoing
• Develop Suggested Route Maps at all schools, by fall 2016
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Exhibit A — Scope of Work Portland,OR 97232-2736
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Metro Grant 933346
Task 4.2 Action Plan Implementation
The SRTS Coordinator will work with City staff and the SRTS Task Force to begin implementation of the school Action
Plans. Simple and inexpensive recommendations, such as maintaining vegetation to improve visibility, or re-painting, may
be possible for the City to prioritize in existing maintenance activities. The SRTS Coordinator will provide technical
assistance on sidewalk and trails projects that will benefit school commutes. The Coordinator will support other staff in
Community Development and Public Works in evaluation capital improvement projects for their impact on school travel.
Other longer-tem improvements may require development as part of a larger planned construction or redevelopment
project, which will be coordinated through the Task Force and the Tigard Transportation Advisory Committee. Finally, the
SRTS Coordinator may prepare grant applications to fund more expensive improvements that would benefit the
community.
Deliverables
• Prioritized Action Plan recommendations, ongoing
• Coordination for implementation of Action Plan, ongoing
Task 5. Evaluation
The evaluation approach will conform to the National Center for Safe Routes to School guidelines and will include the
student hand tallies, parent surveys, and participation tracking previously discussed.
Task 5.1 Hand Tallies
The SRTS Coordinator will work with teachers at each school to administer the tallies to their classrooms in the fall and
spring each year of the program. Tally methodology will follow the National Center for SRTS (NC-SRTS) recommended
data collection methods, and tallies will be entered into the Data Center to be used by regional and statewide evaluation
efforts. While the NC-SRTS methodology requires tallies from only two classrooms per grade per school, this effort will
collect information from as many classrooms as possible.
Deliverables
• Hand tallies from classrooms at participating schools, fall and spring each year
Task 5.2 Parent Surveys
To comply with best practices and other evaluation efforts, the Tigard SRTS program will be evaluated using the NC-
SRTS parent/guardian surveys and following the approved NC-SRTS data collection methodology. A superior Spanish
language parent/guardian survey has been developed as part of Washington County's SRTS program, which can be used
by Tigard. Parent surveys will be administered in fall 2015 and again in spring 2017 to compare before and after
perceptions of the benefits of active transportation and barriers to walking and bicycling.
Deliverables
• Parent surveys from participating schools,fall 2015 and spring 2017
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Exhibit A — Scope of Work Portland,OR 97232-2736
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Metro Grant 933346
Task 5.3 Participation Tracking
Because mode shift is a long-term goal that may take years to realize, the program will also track student and parent
participation in SRTS activities and events, to assess the number of people reached by the program and number of
events offered. Surveys or evaluation forms will be used to solicit success stories or other feedback, which can be used to
gauge interest in and perceptions about the program.
The City will set up a shared GoogleDoc or other simple online spreadsheet to easily track events and activities. Parent
Champions and others involved with implementing SRTS activities will be trained to update information as applicable.
Deliverables
• Shared spreadsheet of program activities at schools, ongoing
Task 5.4 Evaluation Report
The SRTS Coordinator will work with the City to produce a summary report each year that displays evaluation results in a
visual and graphical format to promote the program within the community. The aforementioned data collection will be
combined into a report that will track program progress toward goals. Results will be presented for the overall program as
well as highlights at each school. The report will be a resource for educating the public about the benefits of SRTS in
Tigard and how the community as a whole profits from the programming.
The SRTS Coordinators, along with City, school, and District staff, will be invited to review and provide insights and
feedback on the draft report.
Deliverables
• Year 1 Interim Evaluation Summary, summer 2016
• Year 2 Final Evaluation Summary, summer 2017
Project Timeline&Budget
The project will encompass the 2015-16 and 2016-17 school years, with programming focused on bringing all nine
schools into the project using a phased approach:
• Phase I (began 2014-15 school year): Metzger Elementary, Templeton Elementary, Deer Creek Elementary
• Phase II (will begin 2015-16 school year): Durham Elementary, Woodward Elementary, Fowler Middle School,
Twality Middle School
• Phase III (will begin 2016-17 school year):Alberta Rider Elementary, Tigard Elementary
The tables of the Project—Timeline, Project Costs, Matching Funds, and Summary of request represent the entire project
to be executed by the City of Tigard. Metro is funding a portion of the total project. The City of Tigard anticipates this
entire project will cost$274,285.00 however, the amount Metro will fund for this project is:
(1) FTA GRANT funds to be dispersed to Grantee not to exceed ONE HUNDRED FIFTY THOUSAND AND NO/1001h's
DOLLARS ($150,000.00)
The amount the Grantee is required to spend to match Metro's grant:
(2) Grantee's non federal local match (10.27%) of SEVENTEEN THOUSAND ONE HUNDRED SIXTY EIGHT AND
NO/100t"s DOLLARS ($17,168.00).
The remainder of the anticipated project budget is the responsibility of the City of Tigard.
Revised May 2013
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Metro Grant 933346
The estimated timeline per task is summarized in Table 2.
Table 2. Pro'ect Timeline
Metro
Task Task Description Schedule Grant Match Total
1 Program Management Months 1-24 $126,780 $77,466 $204,246
Months 2-24
Student Education & - Phase I & II begins Summer 2015
2 Encouragement - Phase III begins Summer 2016 $21,620 $11,952 $33,572
Months 2-24
Parent Education & -Phase I began Fall 2014
Encouragement -Phase II begins Summer 2015
3 -Phase III begins Summer 2016 $1,400 $16,645 $18.045
Months 2-24
-Phase I began Fall 2014
- Phase II begins Summer 2015
4 Engineering -Phase III begins Summer 2016 $200 $9,675 $9,875
Months 2-24
-Phase I began Fall 2014
-Phase II begins Summer 2015
5 Evaluation -Phase III begins Summer 2016 $0 $8,297 $8,297
Totals $150,000 $124,035 $274,035
Note: Metro acknowledges the schedule of the project timeline and budget is an approximation used for initial planning
and budgeting purposes. Any significant changes to the above schedule must be made in writing and approved in writing
by the Metro project manager.
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Metro Grant 933346
Table 3. Project Costs
Estimated materials/
Task Estimated staff costs supplies costs Total project cost
Task#1 Program Management $201,506 $2,740 $204,246
Task#2 Student Education & Encouragement $10,952 $22,620 $33,572
Task#3 Parent Education & Encouragement $16,045 $2,000 $18,045
Task#4 Engineering $9,525 $350 $9,875
Task#5 Evaluation $7,767 $530 $8,297
Total project cost $274,035
Table 4. Matching Funds
Total matching
Task Type of match funds
Match source#1: MSTIP Opportunity Fund Cash $41,000
Match source#2: City of Tigard In-Kind $83,035
Total matching funds $124,285
Table 5. Summary of Re uest
Requested grant
Grant request Total project cost Total matching funds amount
$108,750 $274,035 $124,035 $150,000
Pct. of RTO grant funds (must be 89.73% or LESS) 54.74%
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Exhibit A — Scope of Work Portland,OR 97232-2736
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Metro Grant 933346
Table 6. Detailed Budget
Note: Metro acknowledges the schedule of the project timeline and schedule of the budget is an approximation used for
initial planning and budgeting purposes. Any significant changes to the schedule must be made in writing and approved
in writing by the Metro project manager.
Staff Expenses Staff Expenses Total Cost Notes
Task 1. Program Management
1.1 Hire SRTS $23/hour FTE, 0.75% over-head
Coordinator $126,440 $0 $41,000 $0 $167,440 (PTO, admin, and benefits), two years
1.2
Stakeholder
Outreach Plan $0 $0 $0 $0 $0 Coordinator staff time
1.3 SRTS Task
Force $0 $150 $23,262 $400 $23,812 Staff time, food for meetings
1.4
Promotional
Materials $0 $190 $10,804 $2,000 $12,994 Printing &staff time
Task 2. Student Education & Encouragement
2.1 Citywide
Walk & Roll to
School Day* $0 $1,000 $4,000 $300 $5,300 Incentives, printing
2.2 Student
Incentives
Programs $0 $1,000 $6,952 $500 $8,452 Printing &staff time
2.3 Student
Pedestrian
Education* $0 $200 $0 $200 $400 Printing &staff time
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Exhibit A — Scope of Work PortNE Grand Avenue
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Staff Expenses Staff Expenses Total Cost Notes
2.4 Student Bicycle Education
Bike fleet $0 $10,000 $0 $0 $10,000 40 bicycles
Trailer $0 $7,000 $0 $0 $7,000
Helmets $0 $1,620 $0 $0 $1,620 180 helmets
Tools $0 $300 $0 $0 $300
BTA bike
safety Jump Start or training with Portland
education $0 $0 $0 $0 $0 teachers
Maintenance $0 $500 $0 $0 1 $500
Task 3. Parent Education & Encouragement
3.1 SRTS
Champion Staff time, printing materials for
Program $0 $400 $5,000 $200 $5,600 champions, food for meetings
3.2 Parent
Education* $0 $0 $4,000 $400 $4,400 Printing &staff time
3.3 Family Bike Helmets for give-away, other
Festival* $0 $1,000 $7,045 $0 $8,045 materials
Task 4. Engineering
4.1 School
Improvement&
Action Plans $0 $200 $3,000 $150 $3,350 Staff assistance, food budget
4.2 Action Plan
Implementation $0 $0 $6,525 $0 $6,525 Staff time
Task S. Evaluation
5.1 Hand
Tallies* $0 $0 $2,000 $130 $2,130 Printing for all schools
5.2 Parent
Surveys $0 $0 $2,000 $200 $2,200 Online primarily, minimal printing
5.3
Participation
Tracking $0 $0 $0 $0 $0 Staff time
5.4 Evaluation
Report $0 $0 $3,767 $200 $3,967 Graphic design, printing
Subtotal $126,440 $23,560 $119,355 $4,680 $274,035
*Annual event
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`^ Metro
600 NE Grand Avenue
Exhibit A — Scope of Work Portland, 70 97232-2736
503-797-1700
Metro Grant 933346
Grantee's invoices shall include:
• Metro Grant number(933346)
• Grantee name
• remittance address
• invoice date
• invoice number
• invoice amount
• Local Match amount
• itemized statement of work performed and expenses incurred during the invoice period
• Required to be submitted quarterly
Grantee's invoice shall be sent to:
Metro
Daniel Kaempff—Project Manager
600 N.E. Grand Avenue
Portland, Oregon 97232-2736
Or:
daniel.kaempffa_oregonmetro.gov
The Metro Grant number(933346)shall be referenced in the email subject line.
Pursuant to Metro's fiscal year end, Grantee's invoices for services through June 30 of each year of the grant period shall
be submitted to Metro no later than July 15. Payment shall be made by Metro on a Net(thirty) 30 day basis upon
approval of Grantee's invoice.
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600 NE Grand Avenue
Exhibit B — Partnership Requirements Portland,503-797-170 70 97232-2736
D
Metro Grant 933346
Partnership Requirements
The purpose of the following partnership requirements are for Regional Travel Options (RTO) partners to
gain productivity and reduce expense by using tools developed through regional collaborative efforts.
Partnership will multiply the benefits of the RTO grant by applying current strategies and brands while
incorporating past lessons learned. Partnership will save public dollars by avoiding paying for the same
thing twice.
Grantee will engage in a partnership with Metro, RTO staff and other RTO program partners. Partnership
requirements apply to anything included in the Grant Agreement or made possible by the Grant
Agreement. Exceptions to the following requirements can be requested by writing to RTO staff and must
receive confirmation in writing by RTO staff.
Applying Strategies and Collaborating with RTO Partners
Grantee will:
• Review 2012-2017 RTO Strategic Plan
• Review RTO Marketing Strategy and use messages with applicable audiences
• Participate in the RTO Collaborative Marketing Group
• Because the RTO program and partners have made a major investment over time to encourage
employment sites around the region to start and grow their travel options programs and benefits to
employees:
o Coordination of employer outreach efforts is required between TriMet, Wilsonville SMART, TMAs
or other employer outreach partners affected by this project scope or located in the project
geographic area. Coordination includes clear,frequent and timely communication between partners
with the goal of providing effective consulting for employers on how to grow their travel options
programs. Examples of efficiencies that come from coordination include shared use of existing tools,
campaigns and survey support. Employer outreach coordination efforts will be discussed at various
Collaborative Marketing Group meetings
Tools
Grantee will use existing tools and resources:
• For promotional photo needs, browse the existing collection of RTO photos(currently located on
Flickr)to see if any work for this project. Refer to each photo's guidance for determining who to credit.
RTO will provide login and access to the photo website. Project photos that have potential value to
partners should be shared by uploading them to the photo website
• For rideshare promotion, highlight Drive Less Connect. Contact RTO staff to set up a network
and for other assistance. A Spanish version of the Drive Less Connect tool can be accessed by clicking
on "Spanish" in the top, left corner of the screen
• For promotions or competitions that ask participants to log their trips, use Drive Less Connect,
unless it is for the September Bicycle Transportation Alliance Bike Commute Challenge. RTO can
provide training for using the Drive Less Connect tool upon request
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Exhibit B — Partnership Requirements Portland,503-797-1OR 70 7097232-2736
0
Metro Grant 933346
• For incentives or rewards offered to participants, contact RTO staff for recent experience (e.g.,
pricing for items, incentive language and tax forms)
• For vanpool formation, contact Daniel.Kaempff(cboregonmetro.gov to discuss start-up incentives
and strategies to build ridership
• For personalized bike,walk, transit, or combination trip plans, use the TriMet Map Trip Planner
(http://trimet.org/howtoride/maptripplanner.htm) and highlight the tool. Contact TriMet(Adriana Britton
(BrittonA(a)trimet.org)for related language or logos to use while highlighting the tool
• For web-based resources needed for biking and walking info, include a link to Metro's
Sustainable Living—Getting Around web pages (current URL is
http://www.oregonmetro.gov/gettingaround)
Marketing Materials Attribution
• All projects shall attribute credit to the Federal Transit Administration and Metro. Print attribution
on project materials (such as booklets, brochures, ads, banners, flyers, posters, signage, and web pages)
must read:
o Made possible with support from Metro and the Federal Transit Administration
• If marketing is done with audio only, spoken attribution language must be:
o In partnership with Metro, with support by the Federal Transit Administration
• All marketing materials created or printed for the purposes of the project, including both printed
and web-based information, shall include the Drive Less Save More logotype. Drive Less Save More is
the marketing "umbrella" campaign for RTO projects and programs
• Include the Metro logo on all marketing and advertising materials, both print and online. Metro will
provide partners with Metro logos and usage guidelines. Grantees must seek Metro approval through the
grant manager of any materials where the Metro logo is included to ensure proper logo design and
placement
• If the project designs wayfinding signage, apply The Intertwine design guidelines
(http://Iibrary.oregonmetro.gov/files//intertwine regional trail signageguidelines.pdf)
Events and Media
• Provide Metro with a visual presence at any public events. An example is a Metro banner which
can be loaned by Metro(contact Marne.DukeQoregonmetro.gov)to consider options
• Inform RTO grant manager of any event needs 90 days in advance. Examples of needed help
from partners may include cross-promotion or recruiting volunteers
• Mention support provided by Metro and the Federal Transit Administration in press releases, and
social media
• For projects that include a ceremony(e.g., ribbon-cutting, unveiling), please contact the RTO
grant manager to consider partnership highlights and discuss if a Metro official should attend and speak
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0 Metro
600 NE Grand Avenue
Exhibit B — Partnership Requirements Portland,503-797-1OR 7D 7097232-2736
0
Metro Grant 933346
• If a reporter or media outlet inquires about this grant project, please notify the RTO grant
manager immediately
Measurement and Evaluation
• If the project includes conducting a survey(collecting primary data), involve RTO staff in refining
the method, design and RFP (if applicable). Provide a report to RTO grant manager at least two weeks
before official release
• If the project collects background data (secondary sources), refer to Metro sources whenever
possible(contact Caleb.Winter(cDoregonmetro.gov). This is especially important for travel behavior, mode
splits and average distances by modes
• If the project presents vehicle miles reduced, emissions reduced, gas savings or similar metrics,
work with RTO staff to use consistent methods
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Exhibit C — Federal Clauses $100,000 and above
Metro Grant 933346
The Grantee agrees to comply with all applicable Federal Clauses as outlined in the October 1, 2014
FTA Master Agreement[FTA MA 21], or most recent, including, but not limited to, the following:
A. Application of Federal, State, and Local Laws, Regulations and Guidance.
For purposes of this Master Agreement.-
(1)
greement:(1) Federal requirement. A Federal requirement includes, but is not limited to a:
(a) An applicable Federal law,
(b) Applicable Federal regulation,
(c) Provision of the Recipient's Underlying Agreement, or
(d) Provision of this Master Agreement,
(2) Federal guidance. Federal guidance includes, but is not limited to:
(a) Federal guidance such as a:
1 Presidential Executive Order,
2 Federal order that applies to entities other than the Federal Government,
3 Federal published policy,
4 Federal administrative practice,
5 Federal guideline,
6 Letter signed by an authorized Federal official, and
7 Other applicable Federal guidance as defined at section 1.j of this Master
Agreement, or
(b) Other Federal publications or documents providing official instructions or advice about a
Federal program that:
1 Are not designated as a"Federal Requirement" in section 2.c(1) of this Master
Agreement, and
2 Are signed by an authorized Federal official,
(3) Compliance. The Recipient understands and agrees that:
(a) Federal Requirements. It must comply with all Federal requirements that apply to itself
and its Project,
(b) Federal Guidance. FTA strongly encourages the Recipient and each of its Third Party
Participants to follow Federal guidance as described in the preceding section 2.c(2)of
this Master Agreement to ensure satisfactory compliance with Federal requirements,
(c) Alternative Actions. It may violate Federal requirements if it:
1 Adopts an alternative course of action not expressly authorized by the Federal
Government in writing, and
2 Has not first secured FTA's approval of that alternative in writing,
(FTA Master Agreement§2.c(1) (2) (3)J
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B. No Federal Government Obligations to Third Parties.
Except as the Federal; Government expressly consents in writing, the Recipient agrees that:
(1) The Federal Government shall not be subject to any obligations or liabilities related to:
(a) The Project,
(b) Any Third Party Participant at any tier, or
(c) Any other person or entity that is not a party(Recipient or FTA)to the underlying Agreement for
the Project, and
(2) Notwithstanding that the Federal Government may have concurred in or approved any solicitation or
third party agreement at any tier that has affected the Project, the Federal Government shall not have
obligation or liability to any:
(a) Third Party Participant, or
(b) Other entity or person that is not a party(Recipient or FTA)to the Underlying Agreement.
(FTA Master Agreement, §2.t]
C. False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Recipient acknowledges and agrees that:
(a) Federal law and regulations apply to itself and its Project, including:
(1) The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and
(2) U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R. Part 31,
(b) By executing the Underlying Agreement, the Recipient certifies and affirms the:
(1) Truthfulness and accuracy of any
(a) Claim,
(b) Statement,
(c) Submission,
(d) Certification,
(e) Assurance, or
(f) Representation, and
(2) For which the Recipient has made, makes, or will make to the Federal Government, and
(c) The Recipient acknowledges that the Federal Government may impose the penalties of the
Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the
Recipient:
(1) Presents, submits, or makes available any information in connection with any:
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(a) Claim
(b) Statement
(c) Submission
(d) Certification
(e) Assurance, or
(f) Representation, and
(2) That information is false, fictitious, or fraudulent,
(2) Criminal Fraud. The Recipient acknowledges that 49 U.S.C. §5323 (1) (1), authorizes the Federal
Government to impose the penalties authorized by 18 U.S.C. § 1001 if the Recipient:
(1) Presents, submits, or makes available any information in connection with any:
(a) Claim
(b) Statement
(c) Submission
(d) Certification
(e) Assurance, or
(f) Representation, and
(2) That information is false, fictitious, or fraudulent,
(FTA Master Agreement§3.t]
D. Procurement.
Access to Third Party Contract Records. The Recipient agrees to require, and assures that its
Subrecipients will require, its Third Party Contractors at each tier, to provide:
(1) The U.S. Secretary of Transportation and the Comptroller General of the United States, the
State, or their duly authorized representatives, access to all third party contract records(at any
tier) as required by 49 U.S.C. § 5325(g), and
(2) Sufficient access to all third party contract records (at any tier) as needed for compliance
with applicable Federal laws and regulations or to assure proper Project management as
determined by FTA.
[FTA Master Agreement§17(u)]
E. Project Implementation.
Changes to Federal Requirements and Guidance.
(1) Requirements and Guidance. New Federal Requirements and Guidance may:
a. Become effective after the FTA Authorized Official signs the Recipient's
Underlying Agreement awarding funds for the Project, and
b. Apply to the Recipient or its Project,
[FTA Master Agreement, §2.d(1)]
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F. Civil Rights.
The Recipient understands and agrees that it must comply with applicable Federal civil rights laws and
regulations, and follow applicable Federal guidance, except as the Federal Government determines
otherwise in writing. Specifically:
a. Nondiscrimination—Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each
Third Party Participant will:
(1) prohibit discrimination based on:
(a) race,
(b) color, or
(c) national origin
(2) Comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq.,
(b) U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the
Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964,"
49 C.F.R. Part 21 and
(c) Federal transit law, specifically 49 U.S.C. §5332, as stated in the previous section 13.a
of this Master Agreement, and
(3) Except as FTA determines otherwise in writing, follow
(a) The most recent edition of FTA Circular 4702.1A, "Title VI and Title VI-Dependent
Guidelines for Federal Transit Administration Recipients,"to the extent consistent with
applicable Federal laws, regulations, and guidance.
(b) U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964, 28 C.F.R.
§ 50.3, and
(c) other applicable Federal guidance that may be issued,
c. Equal Employment Opportunity.
(1) Federal Requirements and Directives. The Recipient agrees to, and assures that each
Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or
national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et
seq.
(b) Facilitate compliance with Executive Order No. 11246, "Equal Employment
Opportunity,"as amended by Executive Order No. 11375, "Amending Executive Order No.
11246 Relating to Equal Employment Opportunity,"42 U.S.C. §2000e note,
(c) Comply with Federal transit law, specifically 49 U.S.C. §5332, as stated in Section 13.a
of this Master Agreement, and,
(d) Comply with other applicable EEO laws and regulations, as provided in Federal
guidance, including laws and regulations prohibiting discrimination on the basis of disability,
except as the Federal Government determines otherwise in writing.
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(2) General. Recipient agrees to
(a) Ensure that applicants for employment and employees are treated during employment
without discrimination on the basis of their:
1 Race,
2 Color,
3 Religion,
4 Sex,
5 Disability,
6 Age, or
7 National origin.
(b) Take affirmative action that includes, but is not limited to:
1 Recruitment advertising,
2 Recruitment,
3 Employment,
4 Rates of pay,
5 Other forms of compensation,
6 Selection for training, including apprenticeship,
7 Upgrading,
8 Transfers,
9 Demotions,
10 Layoffs, and
11 Terminations.
(3) Equal Employment Opportunity Requirements for Construction Activities. In addition to the
foregoing, when undertaking"construction"as recognized by the U.S. Department of Labor(U.S.
DOL), the Recipient agrees to comply, and assures the compliance of each Third Party
Participant, with:
(a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor,"41 C.F.R. chapter 60, and
(b) Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal
Employment Opportunity,"42 U.S.C. §2000e note,
d. Disadvantaged Business Enterprise. To the extent authorized by Federal law, the Recipient agrees
to facilitate, and assures that each Third Party Participant will facilitate, participation by small
business concerns owned and controlled by socially and economically disadvantaged individuals,
also referred to as"Disadvantaged Business Enterprises" (DBEs), in the Project as follows:
(1) Requirements. The Recipient agrees to comply with:
(a) Section 1101(b) of MAP-21, 23 U.S.C. § 101 note,
(b) U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial Assistance Programs,"49 C.F.R. Part 26 and
(c) Federal transit law, specifically 49 U.S.C. §5332, as stated in Section 13a. of this Master
Agreement,
(2) Assurance. As required by 49 C.F.R. § 26.13(a), the Recipient provides assurance that.-
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The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under
49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts.
The Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated
by reference in this agreement. Implementation of this program is a legal obligation and failure to carry
out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its
failure to carry out its approved program, the Department may impose sanctions as provided for under 49
C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001
and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. §3801 et seq.,
g. Nondiscrimination of the Basis of Disability. The Recipient agrees to comply with the following
Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which
prohibits discrimination on the basis of disability in the administration of federally funded
programs or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C.12101 et seq.,
which requires that accessible facilities and services be made available to individuals with
disabilities;
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151 et seq., which requires
that buildings and public accommodations be accessible to individuals with disabilities;
(d) Federal transit law, specifically 49 U.S.C. §5332, which now includes disability as a
prohibited basis for discrimination, and
(e) Other applicable laws and amendments pertaining to access for elderly individuals or
individuals with disabilities,
(2) The following Federal regulations including:
(a) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA),"49
C.F.R. Part 37,
(b) U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance,"49 C.F.R. part 27,
(c) U. S. DOT regulations"Transportation for Individuals with Disabilities: Passenger
Vessels,"49 C.F.R. part 39,
(d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)and
U.S. DOT regulations, "Americans With Disabilities (ADA)Accessibility Specifications for
Transportation Vehicles," 36 C.F.R. part 1192 and
(e) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and
Local Government Services,"28 C.F.R. part 35,
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(f) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities,"28 C.F.R. part 36,
(g) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act,"29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with Disabilities,"47 C.F.R.
part 64, Subpart F,
(i) U.S.ATBCB regulations, "Electronic and Information Technology Accessibility
Standards," 36 C.F.R. part 1194, and
(j) FTA regulations, "Transportation for Elderly and Handicapped Persons,"49 C.F.R. part
609, and
(1) Other applicable Federal civil rights and nondiscrimination guidance,
(FTA Master Agreement§13(b) (c) (d) (g)J
G. Private Enterprise.
The Recipient agrees to protect the interests of private enterprise affected by Federal public
transportation programs by:
a. Participation. Encouraging private enterprise to participate in the planning of public transportation
and the programs that provide public transportation, to the extent permitted by
(1) 49 U.S.C. § 5306,
[FTA Master Agreement§15(a)]
H. Right of the Federal Government to Terminate.
a. Justification. After providing notice, the Federal Government may suspend, suspend then
terminate, or terminate all or any part of the Federal funding awarded for the Project if:
(1) The Recipient has violated the Underlying Agreement or this Master Agreement, especially
if that violation would endanger substantial performance of the Project,
(2) The Recipient has failed to make reasonable progress on the Project,
(3) The Federal Government determines that the continuation of the Federal funding for the
Project does not adequately serve the purposes of the law authorizing the Project.
b. Financial Implications.
(1) In general, termination of Federal funding for the Project will not invalidate obligations
properly incurred before the termination date to the extent those obligations cannot be canceled,
and
(2) The Federal Government may:
(a) Recover Federal funds it has provided for the Project if it determines that the Recipient
has willfully misused Federal funds by:
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1 Failing to make adequate progress,
2 Failing to make appropriate use of Project property, or
3 Failing to comply with the underlying Agreement or this Master Agreement
(b) Require the Recipient to refund
1 The entire amount of Federal funds provided for the Project, or
2 Any lesser amount as the Federal Government may determine, and
c. Expiration of Project Time Period. Except for a Full Funding Grant Agreements, expiration of
any Project time period established for the Project does not, by itself, constitute an expiration or
termination of the underlying Agreement.
[FTA Master Agreement§121
I. Debarment and Suspension.
The Recipient agrees that:
(1) It will not engage Third Party Participants that are debarred or suspended except as authorized by:
(a) U.S. DOT regulations, "Non procurement Suspension and Debarment," 2 C.F.R. Part 1200,
(b) U.S. OMB, "Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including any amendments thereto, and
(c) Executive Orders Nos. 12549 and 12689. "Debarment and Suspension," 31 U.S.C. §6101 note,
(2) It will review the"Excluded Parties Listing System" at http://epis.gov/(to be transferred to
https://www.sam.gov), if required by U.S. DOT regulations, 2 C.F.R. Part 1200, and
(3) It will include, and require its Third Party Participants to include a similar condition in each lower tier
covered transaction, assuring that all lower tier Third Party Participants:
(a) Will comply with Federal debarment and suspension requirements, and
(b) Review the"Excluded Parties Listing System"at http://www.epis.gov/(to be transferred to
https://www.sam.gov), if necessary to comply with U.S. DOT regulations 2 C.F.R. part 1200.
[FTA Master Agreement§3.b]
J. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Recipient agrees to comply with
FTA's U. S. domestic preference requirements and follow Federal guidance, including:
a. Buy America. Domestic preference procurement requirements of:
(1) 5323 0), as amended by MAP-21, and
(2) FTA regulations, "Buy America Requirements," 49 C.F.R. part 661, to the extent consistent
with MAP-21
b. Fly America. Air transportation requirements of:
(1) Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as
amended, 49 U.S.C. §40118, and
(2) U.S. GSA regulations, "Use of United States Flag Air Carriers,"41 C.F.R. §§301-10.131 -
301-10.143.
[FTA Master Agreement§16(a)(c)]
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K. Disputes, Breaches, Defaults or Other Litigation.
The Recipient understands and agrees that:
a. FTA Interest. FTA has a vested interest in the settlement of any disagreement involving the Project
including, but not limited to:
(1) a major dispute,
(2) A breach,
(3) A default, or
(4) Litigation,
b. Notification to FTA. If a current or prospective legal matter that may affect the Federal
Government emerges:
(1) The Recipient agrees to notify immediately.-
(a)
mmediately:(a) The FTA Chief Counsel, or
(b) The FTA Regional Counsel for the Region in which the Recipient is located, (2)
The types of legal matters that require notification include, but are not limited to:
(a) A major dispute,
(b) A breach,
(c) A default,
(d) Litigation, or
(e) Naming the Federal Government as a party to litigation or a legal disagreement in any
forum for any reason, and(3) The types of matters that may affect the Federal
Government include, but are not limited to:
(a) The Federal Government's interests in the Project, or
(b) The Federal Government's administration or enforcement of Federal laws or
regulations,
c. Federal Interest in Recovery.
(1) General. The Federal Government retains the right to a proportionate share of any
proceeds recovered from any third party, based on the percentage of the Federal share for
the Project, but
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(1) Liquidated Damages. Notwithstanding the preceding section 96.c(1) of this Master Agreement,
the Recipient may return all liquidated damages it receives to its Project Account rather than
return the Federal share of those liquidated damages to the Federal Government,
d. Enforcement. The Recipient agrees to pursue its legal rights and remedies available under:
(1) Any third party agreement,
(2) Any Federal law or regulation,
(3) Any State law or regulation, or
(4) Any local law or regulation,
e. FTA Concurrence. If a legal matter described in section 96(2) and (3)of this Master
Agreement involves the Project or the Recipient, FTA reserves the right to concur in any:
(1) Compromise, or
(2) Settlement, and
f. Alternative Dispute Resolution. FTA encourages the Recipient to use alternative dispute
resolution procedures, as may be appropriate.
(FTA Master Agreement§96
L. Lobbying Restrictions.
The Recipient agrees that, as provided by 31 U.S.C. §1352(a):
(1) Prohibition on Use of Federal Funds. It will not use Federal funds
(a) To influence any:
1. Officer or employee of a Federal Agency
2. Member of Congress,
3. Officer or employee of Congress, or
4. Employee of a Member of Congress
(b) To take any action involving the Project or the Underlying Agreement for the Project,
including any:
1. Award,
2. Extension, or
3. Modification
(2) Laws and Regulations. It will comply, and will assure that each Third Party Participant complies with:
(a) 31 U.S.C. § 1352 as amended,
(b) U.S. DOT regulations, "New Restrictions on Lobbying,"49 C.F.R. part 20, to the extent consistent
with as necessary by 31 U.S.C. § 1352, as amended, and
(c) Other applicable Federal laws and regulations prohibiting the use of Federal funds for any activity
concerning legislation or appropriations designed to influence:
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1. The U.S. Congress, or
2. A State legislature, but
(3) Exception. The prohibitions of the preceding section 3.d(1)—(2)of this Master Agreement do not
apply to any activity that is undertaken through proper official channels, if permitted by the underlying
law or regulations,
(FTA Master Agreement§3.d(1)(2)]
M. Environmental Protections.
a. Air Quality. The Recipient agrees to,and assures that its Third Party Participants will, comply with
the Clean Air Act, as amended, 42 U.S.C. §§7401 -7671 q, and implementing Federal regulations, as
provided in Federal guidance, except as the Federal Government determines otherwise in writing.
Among its responsibilities, the Recipient agrees that:
(1) Public Transportation Operators. It will comply with:
(a) U.S. EPA regulations, "Control of Air Pollution from Mobile Sources,"40 C.F.R. Part 85;
(b) U.S. EPA regulations"Control of Emissions from New and In-Use Highway Vehicles and
Engines,"40 C.F.R. Part 86, and
(c) U.S. EPA regulations"Fuel Economy and Greenhouse Gas Exhaust Emissions of Motor
Vehicles,"40 C.F.R. Part 600 and any revisions to these regulations.
(2) State Implementation Plans. It will support State Implementation Plans by:
(a) Implementing each air quality mitigation or control measure incorporated in the documents
accompanying the approval of the Project,
(b) Assuring that any Project identified as a Transportation Control Measure in its State
Implementation Plan will be wholly consistent with the design concept and scope of the Project
described in the State Implementation Plan, and
(c) Complying with:
1. Subsection 176(c)of the Clean Air Act, 42 U.S.C. §7506(c),
2. U.S. EPA regulations, "Conformity to State or Federal Implementation Plans of
Transportation Plans, Programs, and Projects developed, Funded or Approved Under Title 23, U. S. C. or
the Federal Transit Laws,"40 C.F.R. Part 93, subpart A, and
3. Other applicable Federal conformity regulations that may be promulgated at a later
date, and
(3) Violating Facilities. It will:
(a) Comply with the notice of violating facility provisions of section 306 in the Clean Air Act, as
amended, 42 U.S.C. § 7414, and
(b) Facilitate compliance with Executive Order No. 11738, " Providing for Administration of the
Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans,"42 U.S.C. §7606 note.
b. Clean Water. The Recipient agrees to, and assures that its Third Party Participants will, comply with
the Clean Water Act, as amended, 33 U.S.C. §§ 1251 — 1377, and implementing Federal regulations, and
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follow Federal implementing guidance, except as the Federal Government determines otherwise in
writing. Among its responsibilities, the Recipient agrees that:
(2) Drinking Water. It will protect underground sources of drinking water in compliance with the Safe
Drinking Water Act of 1974, as amended, 42 U.S.C. §§ 300f-300j-6.
(3) Violating Facilities. It will.
(a) Comply with the notice of violating facility provisions in section 508 of the Clean Water Act,
as amended, 33 U.S.C. § 1368, and
(b) Facilitate compliance with Executive Order No. 11738, "Providing for Administration of the
Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans,"42 U.S.C. §7606 note.
(FTA Master Agreement§29(c),(d)J
N. Employee Protections.
The Recipient agrees to comply, and assures that each Third Party Participant will comply, with all of the
following:
a. Construction Activities. Federal laws and regulations providing protections for construction
employees involved in Project activities, including:
(1) Prevailing Wage Requirements.
(a) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA's"Davis-Bacon
Related Act"),
(b) The Davis-Bacon Act,40 U.S.C. §§ 3141 —3144, 3146, and 3147, and
(c) U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety
Standards Act),"29 C.F.R. part 5,
(2) Wage and Hour Requirements.
(a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended,
40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and
(b) U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction (also Labor Standards Provisions
Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety
Standards Act)," 29 C.F.R. part 5,
(3) "Anti-Kickback" Prohibitions.
(a) Section 1 of the Copeland"Anti-Kickback"Act, as amended, 18 U.S.C. § 874,
(b) Section 2 of the Copeland "Anti-Kickback"Act, as amended, 40 U.S.C. § 3145, and
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(c) U.S. DOL regulations, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. part 3,
(4) Safety at the Construction Site.
(a) Section 107 of that Contract Work Hours and Safety Standards Act, as amended,
U. S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.,and
(b) U.S. DOL regulations, "Safety and Health Regulations for Construction," 29 C.F.R.
part 1926,
[FTA Master Agreement§28.a]
O. Energy Conservation.
The Recipient agrees to and assures its Subrecipients will:
a. State Energy Conservation Plans. Comply with the mandatory energy standards and policies of its
State energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C.
6321 et seq., except as the Federal Government determines otherwise in writing, and
b. Energy Assessment. Perform an energy assessment for any building constructed, reconstructed, or
modified with FTA funds required under FTA regulations, "Requirements for Energy Assessments,"49
C.F.R. Part 622, Subpart C.
[FTA Master Agreement§30]
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Exhibit C, Attachment A Debarment Certification
Metro Grant 933346
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION -LOWER TIER COVERED TRANSACTION
This Agreement is a covered transaction for purposes of 49 CFR Part 29. As such, the Grantee is
required to verify that none of the Grantee, its principals, as defined at 49 CFR 29.995, or affiliates, as
defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The Grantee is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting this Agreement, the Grantee certifies as follows:
The certification in this clause is a material representation of fact relied upon by Metro. If it is later
determined that the Grantee knowingly rendered an erroneous certification, in addition to remedies
available to Metro, the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The Grantee agrees to comply with the requirements of 49 CFR 29,
Subpart C throughout the period of this Agreement. The Grantee further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
Signature `�
Name MO►'Wa L. Wfp7e )
Title '] Wi / 06'0.
Organization
Date 7• /&- ?==D t
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Y
Exhibit C, Attachment B Lobbying Certification
Metro Grant 933346
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned Grantee certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions[as amended by
"Government wide Guidance for New Restrictions on Lobbying,"61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying
Disclosure Act of 1995(P.L. 104-65,to be codified at 2 U.S.C. 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails
to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less
than $10,000.00 and not more than $100,000.00 for each such expenditure or failure.
The Grantee, City of Tigard, certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the Grantee understands and agrees that the provisions of
X31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.
L
Signature of Grantee's Authorized Official
Par+tia- L, w'yn4g-1
Name (Printed)
n'-fil /Ua,\aqer-
Title
Date
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Exhibit D Department of Labor Clauses
Metro Grant 933346
UNIFIED PROTECTIVE ARRANGEMENT
For Application to Capital and Operating Assistance Projects
PURSUANT TO SECTION 5333(b) OF TITLE 49
OF THE U.S. CODE, CHAPTER 53
January 3, 2011
The following language shall be made part of the Department of Transportation's contract of assistance
with the Grantee, by reference;
The terms and conditions set forth below shall apply for the protection of the transportation related
employees in the transportation service area of the Project. As a precondition of the release of assistance
by the Grantee to any additional Recipient under the grant, the Grantee shall incorporate this
arrangement into the contract of assistance between the Grantee and the Recipient, by reference, binding
the Recipient to these arrangements.
These protective arrangements are intended for the benefit of transit employees in the service area of the
project, who are considered as third-party beneficiaries to the employee protective arrangements
incorporated by reference in the grant contract between the U.S. Department of Transportation and the
Grantee, and the parties to the contract so signify by executing that contract. Transit employees are also
third-party beneficiaries to the protective arrangements incorporated in subsequent contracts of
assistance, pursuant to the Department's certification, between the Grantee and any Recipient.
Employees may assert claims through their representative with respect to the protective arrangements
under this provision. This clause creates no independent cause of action against the United States
Government.
The term "service area," as used herein, includes the geographic area over which the Project is operated
and the area whose population is served by the Project, including adjacent areas affected by the Project.
The term "Union," as used herein, refers to any labor organization representing employees providing
public transportation services in the service area of a Project assisted under the grant, including both
employees of the Recipient and employees of other public transportation providers. The term "Recipient,"
as used herein, shall refer to any employer(s) receiving transportation assistance under the grant. The
term "Grantee," as used herein, shall refer to the applicant for assistance; a Grantee which receives
assistance is also a Recipient.
(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 to assure that any
and all transportation services assisted by the Project are contracted for and operated in such a 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 employment brought about solely 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
his/her position with regard to employment as a result of the Project, but who is dismissed, displaced or
otherwise worsened solely because of the total or partial termination of the Project 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 this arrangement.
(2) 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
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bargaining agreement applicable to such employees which is then in effect. This Arrangement does not
create any collective bargaining relationship where one does not already exist or between any Recipient
and the employees of another employer.Where the Recipient has no collective bargaining relationship
with the Unions representing employees in the service area, the Recipient will not take any action which
impairs or interferes with the rights, privileges, and benefits and/or the preservation or continuation of the
collective bargaining rights of such employees.
(3) All rights, privileges, and benefits(including pension rights and benefits) of employees covered by
this arrangement(including employees having already retired) under existing collective bargaining
agreements or otherwise, or under any revision or renewal thereof, shall be preserved and continued;
provided, however, that such rights, privileges and benefits which are not foreclosed from further
bargaining under applicable law or contract may be modified by collective bargaining and agreement by
the Recipient and the Union involved to substitute other rights, privileges and benefits. Unless otherwise
provided, nothing in this arrangement shall be deemed to restrict any rights the Recipient may otherwise
have to direct the working forces and manage its business as it deems best, in accordance with the
applicable collective bargaining agreement.
(4) The collective bargaining rights of employees covered by this arrangement, including the right to
arbitrate labor disputes and to maintain union security and check off arrangements, as provided by
applicable laws, policies and/or existing collective bargaining agreements, shall be preserved and
continued. Provided, however, that this provision shall not be interpreted so as to require the Recipient to
retain any such rights which exist by virtue of a collective bargaining agreement after such agreement is
no longer in effect.
The Recipient agrees that it will bargain collectively with the Union or otherwise arrange for the
continuation of collective bargaining, and that it will enter into agreements with the Union or arrange for
such agreements to be entered into, relative to all subjects which are or may be proper subjects of
collective bargaining. If, at any time, applicable law or contracts permit or grant to employees covered by
this arrangement the right to utilize any economic measures, nothing in this arrangement shall be deemed
to foreclose the exercise of such right.
(5)(a) The Recipient shall provide to all affected employees sixty (60) days' notice of intended actions
which may result in displacements or dismissals or rearrangements of the working forces as a result of
the Project. 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
the number and classifications of any jobs within the jurisdiction and control of the Recipient, including
those in the employment of any entity bound by this arrangement pursuant to paragraph (21), available to
be filled by such affected employees.
(5)(b) The procedures of this subparagraph shall apply to cases where notices, provided under
subparagraph S (a), 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. These negotiations shall include determining the selection of forces from among
the mass transportation employees who may be affected as a result of the Project, to establish which
such employees shall be offered employment for which they are qualified or can be trained. 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 (15) of this
arrangement. Unless the parties otherwise mutually agree in writing, no change in operations, services,
facilities or equipment within the purview of this paragraph (5)shall occur until after either..
1) an agreement with respect to the application of the terms and conditions of this arrangement to the
intended change(s) is reached;
2) the decision has been rendered pursuant to the dispute resolution procedures in accordance with
paragraph (15)of this arrangement; or
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3) an arbitrator selected pursuant to Paragraph (15) of this arrangement determines that the intended
change(s) may be instituted prior to the finalization of implementing arrangements.
(5)(c) In the event of a dispute as to whether an intended change within the purview of this paragraph (5)
may be instituted at the end of the 60-day notice period and before an implementing agreement is
reached or a final dispute resolution determination is rendered pursuant to subparagraph (b), any
involved party may immediately submit that issue to the dispute resolution process under paragraph (15)
of this arrangement. In any such dispute resolution procedure, the neutral shall rely upon the standards
and criteria utilized by the Surface Transportation Board (and its predecessor agency, the Interstate
Commerce Commission) to address the "preconsummation" issue in cases involving employee
protections pursuant to 49 U.S.C. Section 11326 (or its predecessor, Section 5(2)(0 of the Interstate
Commerce Act, as amended). If the Recipient demonstrates, as a threshold matter in any such dispute
resolution process, that the intended action is a trackage rights, lease proceeding or similar transaction,
and not a merger, acquisition, consolidation, or other similar transaction, the burden shall then shift to the
involved labor organization( s) to prove that under the standards and criteria referenced above, the
intended action should not be permitted to be instituted prior to the effective date of a negotiated or
arbitrated implementing agreement. If the Recipient fails to demonstrate that the intended action is a
trackage rights, lease proceeding, or similar transaction, it shall be the burden of the Recipient to prove
that under the standards and criteria referenced above, the intended action should be permitted to be
instituted prior to the effective date of a negotiated or arbitrated implementing agreement. For purposes
of any such dispute resolution procedure, the time period within which the parties are to respond to the
list of potential neutrals submitted by the American Arbitration Association shall be five (5) days, the
notice of hearing may be given orally or by facsimile, the hearing will be held promptly, and the award of
the neutral shall be rendered promptly and, unless otherwise agreed to by the parties, no later than
fourteen (14) days from the date of closing the hearings, with five(5) additional days if post hearing briefs
are submitted by either party. The intended change shall not be instituted during the pendency of any
dispute resolution proceedings under this subparagraph (c).
(5)(d) If an intended change within the purview of this paragraph (5) is instituted before an implementing
agreement is reached or a final decision is rendered pursuant to subparagraph (b), all employees affected
shall be kept financially whole, as if the noticed and implemented action has not taken place, from the
time they are affected until the effective date of an implementing agreement or final decision. This
protection shall be in addition to the protective period defined in paragraph (14) of this arrangement,
which period shall begin on the effective date of the implementing agreement or final dispute resolution
determination rendered pursuant to subparagraph (b).
An employee selecting, bidding on, or hired to fill any position established as a result of a noticed and
implemented action prior to the consummation of an implementing agreement or final dispute resolution
determination shall accumulate no benefits under this arrangement as a result thereof during that period
prior to the consummation of an implementing agreement or final decision pursuant to subparagraph (b).
(6)(a) Whenever an employee retained in service, recalled to service, or employed by the Recipient
pursuant to paragraphs (5), (7) (e), or (18) hereof is placed in a worse position with respect to
compensation as a result of the Project, the employee shall be considered a "displaced employee", and
shall be paid a monthly "displacement allowance" to be determined in accordance with this paragraph.
Said displacement allowance shall be paid to each displaced employee during the protective period SQ
long as the employee is unable, in the exercise of his/her seniority rights, to obtain a position producing
compensation equal to or exceeding the compensation the employee received in the position from which
the employee was displaced, adjusted to reflect subsequent general wage adjustments, including cost of
living adjustments where provided for.
(6)(b) The displacement allowance shall be a monthly allowance determined by computing the total
compensation received by the employee, including vacation allowances and monthly compensation
guarantees, and his/her total time paid for during the last twelve (12) months in which the employee
performed compensated service more than fifty per centum of each such months, based upon the
employee's normal work schedule, immediately preceding the date of his/her displacement as a result of
the Project, and by dividing separately the total compensation and the total time paid for by twelve,
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thereby producing the average monthly compensation and the average monthly time paid for. Such
allowance shall be adjusted to reflect subsequent general wage adjustments, including cost of living
adjustments where provided for. If the displaced employee's compensation in his/her current position is
less in any month during his/her protective period than the aforesaid average compensation(adjusted to
reflect subsequent general wage adjustments, including cost of living adjustments where provided for),
the employee shall be paid the difference, less compensation for any time lost on account of voluntary
absences to the extent that the employee is not available for service equivalent to his/her average
monthly time, but the employee shall be compensated in addition thereto at the rate of the current
position for any time worked in excess of the average monthly time paid for. If a displaced employee fails
to exercise his/her seniority rights to secure another position to which the employee is entitled under the
then existing collective bargaining agreement, and which carries a wage rate and compensation
exceeding that of the position which the employee elects to retain, the employee shall thereafter be
treated,for the purposes of this paragraph, as occupying the position the employee elects to decline.
(6)(c) The displacement allowance shall cease prior to the expiration of the protective period in the event
of the displaced employee's resignation, death, retirement, or dismissal for cause in accordance with any
labor agreement applicable to his/her employment.
(7)(a) Whenever any employee is laid off or otherwise deprived of employment as a result of the Project,
in accordance with any collective bargaining agreement applicable to his/her employment, the employee
shall be considered a "dismissed employee" and shall be paid a monthly dismissal allowance to be
determined in accordance with this paragraph. Said dismissal allowance shall first be paid to each
dismissed employee on the thirtieth (30th) day following the day on which the employee is "dismissed"
and shall continue during the protective period, as follow:
Employee's length of service
Prior to adverse effect Period of protection
1 day to 6 years equivalent period
6 years or more 6 years
The monthly dismissal allowance shall be equivalent to one-twelfth (1/ 12th) of the total compensation
received by the employee in the last twelve (12) months of his/her employment in which the employee
performed compensation service more than fifty per centum of each such month based on the employee's
normal work schedule to the date on which the employee was first deprived of employment as a result of
the Project. Such allowance shall be adjusted to reflect subsequent general wage adjustments, including
cost of living adjustments where provided for.
(7)(b) An employee shall be regarded as deprived of employment and entitled to a dismissal allowance
when the position the employee holds is abolished as a result of the Project, or when the position the
employee holds is not abolished but the employee loses that position as a result of the exercise of
seniority rights by an employee whose position is abolished as a result of the Project or as a result of the
exercise of seniority rights by other employees brought about as a result of the Project, and the employee
is unable to obtain another position, either by the exercise of the employee's seniority rights, or through
the Recipient, in accordance with subparagraph (e). In the absence of proper notice followed by an
agreement or decision pursuant to paragraph (5) hereof, no employee who has been deprived of
employment as a result of the Project shall be required to exercise his/her seniority rights to secure
another position in order to qualify for a dismissal allowance hereunder.
(7)(c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to his/her
current address and the current name and address of any other person by whom the employee may be
regularly employed, or if the employee is self-employed.
(7)(d) The dismissal allowance shall be paid to the regularly assigned incumbent of the position
abolished. If the position of an employee is abolished when the employee is absent from service, the
employee will be entitled to the dismissal allowance when the employee is available for service. The
employee temporarily filling said position at the time it was abolished will be given a dismissal allowance
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Exhibit D Department of Labor Clauses
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on the basis of that position, until the regular employee is available for service, and thereafter shall revert
to the employee's previous status and will be given the protections of the agreement in said position, if
any are due him/her.
(7)(e) An employee receiving a dismissal allowance shall be subject to call to return to service by the
employee's former employer, after being notified in accordance with the terms of the then-existing
collective bargaining agreement. Prior to such call to return to work by his/her employer, the employee
may be required by the Recipient to accept reasonably comparable employment for which the employee
is physically and mentally qualified, or for which the employee can become qualified after a reasonable
training or retraining period, provided it does not require a change in residence or infringe upon the
employment rights of other employees under then-existing collective bargaining agreements.
(7)(f) When an employee who is receiving a dismissal allowance again commences employment in
accordance with subparagraph (e) above, said allowance shall cease while the employee is so
reemployed, and the period of time during which the employee is so reemployed shall be deducted from
the total period for which the employee is entitled to receive a dismissal allowance. During the time of
such reemployment, the employee shall be entitled to the protections of this arrangement to the extent
they are applicable.
(7)(g) The dismissal allowance of any employee who is otherwise employed shall be reduced to the
extent that the employee's combined monthly earnings from such other employment or self-employment,
any benefits received from any unemployment insurance law, and his/her dismissal allowance exceed
the amount upon which the employee's dismissal allowance is based. Such employee, or his/her union
representative, and the Recipient shall agree upon a procedure by which the Recipient shall be kept
currently informed of the earnings of such employee in employment other than with the employee's former
employer, including self-employment, and the benefits received.
(7)(h) The dismissal allowance shall cease prior to the expiration of the protective period in the event of
the failure of the employee without good cause to return to service in accordance with the applicable
labor agreement, or to accept employment as provided under subparagraph (e) above, or in the
event of the employee's resignation, death, retirement, or dismissal for cause in accordance with any
labor agreement applicable to his/her employment.
(7)(i) A dismissed employee receiving a dismissal allowance shall actively seek and not refuse other
reasonably comparable employment offered him/her for which the employee is physically and mentally
qualified and does not require a change in the employee's place of residence. Failure of the dismissed
employee to comply with this obligation shall be grounds for discontinuance of the employee's allowance;
provided that said dismissal allowance shall not be discontinued until final determination is made either by
agreement between the Recipient and the employee or his/her representative, or by final and binding
dispute resolution determination rendered in accordance with paragraph (15) of this arrangement that
such employee did not comply with this obligation.
(8) In determining length of service of a displaced or dismissed employee for purposes of this
arrangement, such employee shall be given full service credits in accordance with the records and labor
agreements applicable to him/her and the employee shall be given additional service credits for each
month in which the employee receives a dismissal or displacement allowance as if the employee were
continuing to perform services in his/her former position.
(9) No employee shall be entitled to either a displacement or dismissal allowance under paragraphs (6)
or(7) hereof because of the abolishment of a position to which, at some future time, the employee could
have bid, been transferred, or promoted.
(10) No employee receiving a dismissal or displacement allowance shall be deprived, during the
employee's protected period, of any rights, privileges, or benefits attaching to his/her employment,
including, without limitation, group life insurance, hospitalization and medical care, free transportation for
the employee and the employee's family, sick leave, continued status and participation under any
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disability or retirement program, and such other employee benefits as Railroad Retirement, Social
Security, Workmen's Compensation, and unemployment compensation, as well as any other benefits to
which the employee may be entitled under the same conditions and so long as such benefits continue to
be accorded to other employees of the bargaining unit, in active service or furloughed as the case may
be.
(111)(a) Any employee covered by this arrangement who is retained in the service of his/her employer, or
who is later restored to service after being entitled to receive a dismissal allowance, and who is required
to change the point of his/her employment in order to retain or secure active employment with the
Recipient in accordance with this arrangement, and who is required to move his/her place of residence,
shall be reimbursed for all expenses of moving his/her household and other personal effects, for the
traveling expenses for the employee and members of the employee's immediate family, including living
expenses for the employee and the employee's immediate family, and for his/her own actual wage loss
during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5)
working days. The exact extent of the responsibility of the Recipient under this paragraph, and the ways
and means of transportation, shall be agreed upon in advance between the Recipient and the affected
employee or the employee's representatives.
(111)(b) If any such employee is laid off within three (3) years after changing his/her point of employment
in accordance with paragraph (a) hereof, and elects to move his/her place of residence back to the
original point of employment, the Recipient shall assume the expenses, losses and costs of moving to the
same extent provided in subparagraph (a)of this paragraph (11) and paragraph (12) (a) hereof.
(11)(c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such
claim is presented to the Recipient in writing within ninety(90) days after the date on which the expenses
were incurred.
(11)(d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to
the initial changes as a result of the Project, which are not a result of the Project but grow out of the
normal exercise of seniority rights, shall not be considered within the purview of this paragraph.
(12)(a)The following conditions shall apply to the extent they are applicable in each instance to any
employee who is retained in the service of the employer(or who is later restored to service after being
entitled to receive a dismissal allowance), who is required to change the point of his/her employment as a
result of the Project, and is thereby required to move his/her place of residence.
If the employee owns his/her own home in the locality from which the employee is required to move, the
employee shall, at the employee's option, be reimbursed by the Recipient for any loss suffered in the sale
of the employee's home for less than its fair market value, plus conventional fees and closing costs, such
loss to be paid within thirty(30)days of settlement or closing on the sale of the home. In each case, the
fair market value of the home in question shall be determined, as of a date sufficiently prior to the date of
the Project, so as to be unaffected thereby. The Recipient shall, in each instance, be afforded an
opportunity to purchase the home at such fair market value before it is sold by the employee to any other
person and to reimburse the seller for his/her conventional fees and closing costs.
If the employee is under a contract to purchase his/her home, the Recipient shall protect the employee
against loss under such contract, and in addition, shall relieve the employee from any further obligation
there under.
If the employee holds an unexpired lease of a dwelling occupied as the employee's home, the Recipient
shall protect the employee from all loss and cost in securing the cancellation of said lease.
(12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such claim is
presented to the Recipient in writing within one year after the effective date of the change in residence.
(12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in its sale, the
loss under a contract for purchase, loss and cost in securing termination of a lease, or any other question
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in connection with these matters, it shall be decided through a joint conference between the employee, or
his/her union, and the Recipient. In the event they are unable to agree, the dispute or controversy may
be referred by the Recipient or the union to a board of competent real estate appraisers selected in the
following manner: one(1)to be selected by the representatives of the employee, and one(1) by the
Recipient, and these two, if unable to agree within thirty (30) days upon the valuation, shall endeavor by
agreement with ten (10) days thereafter to select a third appraiser, or to agree to a method by which a
third appraiser shall be selected, and failing such agreement, either party may request the State and local
Board of Real Estate Commissioners to designate within ten (10)days a third appraiser, whose
designation will be binding upon the parties and whose jurisdiction shall be limited to determination of the
issues raised in this paragraph only. A decision of a majority of the appraisers shall be required and said
decision shall be final, binding, and conclusive. The compensation and expenses of the neutral appraiser
including expenses of the appraisal board shall be borne equally by the parties to the proceedings. All
other expenses shall be paid by the party incurring them, including the compensation of the appraiser
selected by such party.
(12)(d) Except as otherwise provided in paragraph (11)(b) hereof, changes in place of residence,
subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow
out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph.
(12)(e) "Change in residence"means transfer to a work location which is either:
(A) outside a radius of twenty (20) miles of the employee's former work location and farther from the
employee's residence than was his/her former work location, or
(B) is more than thirty (30) normal highway route miles from the employee's residence and also farther
from his/her residence than was the employee's former work location.
(13)(a) A dismissed employee entitled to protection under this arrangement may, at the employee's
option within twenty-one (21) days of his/her dismissal, resign and (in lieu of all other benefits and
protections provided in this arrangement) accept a lump sum payment computed in accordance with
section (9)of the Washington Job Protection Agreement of May 1936:
Length of Service Separation Allowance
1 year and less than 2 years 3 month's pay
2 years and less than 3 years 6 month's pay
3 years and less than 5 years 9 month's pay
5 years and less than 10 years 12 month's pay
10 years and less than 15 years 12 month's pay
15 years and over 12 month's pay
In the case of an employee with less than one year's service, five days' pay, computed by multiplying by 5
the normal daily earnings (including regularly scheduled overtime, but excluding other overtime
payments) received by the employee in the position last occupied, for each month in which the employee
performed service,will be paid as the lump sum.
Length of service shall be computed as provided in Section 7(b) of the Washington Job Protection
Agreement, as follows:
For the purposes of this arrangement, the length of service of the employee shall be determined from the
date the employee last acquired an employment status with the employing carrier and the employee shall
be given credit for one month's service for each month in which the employee performed any service (in
any capacity whatsoever) and twelve (12) such months shall be credited as one year's service. The
employment status of an employee shall not be interrupted by furlough in instances where the employee
has a right to and does return to service when called. In determining length of service of an employee
acting as an officer or other official representative of an employee organization, the employee will be
given credit for performing service while so engaged on leave of absence from the service of a carrier.
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(13)(b) One month's pay shall be computed by multiplying by 30 the normal daily earnings (including
regularly scheduled overtime, but excluding other overtime payments) received by the employee in the
position last occupied prior to time of the employee's dismissal as a result of the Project.
(14) Whenever used herein, unless the context requires otherwise, the term "protective period" means
that period of time during which a displaced or dismissed employee is to be provided protection
hereunder and extends from the date on which an employee is displaced or dismissed to the expiration of
six (6) years there from, provided, however, that the protective period for any particular employee during
which the employee is entitled to receive the benefits of these provisions shall not continue for a longer
period following the date the employee was displaced or dismissed than the employee's length of service,
as shown by the records and labor agreements applicable to his/her employment prior to the date of the
employee's displacement or dismissal.
(15) Any dispute, claim, or grievance arising from or relating to the interpretation, application or
enforcement of the provisions of this arrangement, not otherwise governed by paragraph 12(c) of this
arrangement, the Labor-Management Relations Act, as amended, the Railway Labor Act, as amended, or
by impasse resolution provisions in a collective bargaining or protective arrangement involving the
Recipient(s) and the Union(s), which cannot be settled by the parties thereto within thirty (30) days after
the dispute or controversy arises, may be submitted at the written request of the Recipient(s) or the
Union(s) in accordance with a final and binding resolution procedure mutually acceptable to the parties.
Failing agreement within ten (10) days on the selection of such a procedure, any party to the dispute may
request the American Arbitration Association to furnish an arbitrator and administer a final and binding
arbitration under its Labor Arbitration Rules. The parties further agree to accept the arbitrator's award as
final and binding.
The compensation and expenses of the neutral arbitrator, and any other jointly incurred expenses, shall
be borne equally by the Union(s) and Recipient(s), 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 the employee's obligation to identify the Project and specify the pertinent facts of the Project relied
upon. It shall then be the burden of the Recipient to prove that factors other than the Project affected the
employee. 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 (See Hodgson's Affidavit in Civil
Action No. 825-71).
(16) The Recipient will be financially responsible for the application of these conditions and will make the
necessary arrangements so that any employee affected, as a result of the project, may file a written claim
through his/her Union representative with the Recipient within sixty (60) days of the date the employee is
terminated or laid off as a result of the Project, or within eighteen (18) months of the date the employee's
position with respect to his/her 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. Unless the claim is filed with the Recipient within said time
limitations, the Recipient shall thereafter be relieved of all liabilities and obligations related to the claims.
The Recipient will fully honor the claim, making appropriate payments, or will give written notice to the
claimant and his/her representative of the basis for denying or modifying such claim, giving reasons
therefore. In the event the Recipient fails to honor such claim, the Union may invoke the following
procedures for further joint investigation of the claim by giving notice in writing of its desire to pursue such
procedures. Within ten (10) days from the receipt of such notice, the parties shall exchange such factual
material as may be requested of them relevant to the disposition of the claim and shall jointly take such
steps as may be necessary or desirable to obtain from any third party such additional factual materials as
may be relevant. In the event the claim is so rejected by the Recipient, the claim may be processed in
accordance with the final and binding resolution procedures described in paragraph (15).
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Exhibit D Department of Labor Clauses
Metro Grant 933346
(17) 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 collective bargaining agreements
or otherwise; provided that there shall be no duplication of benefits to any employee, and, provided
further, that any benefit under this arrangement shall be construed to include the conditions,
responsibilities, and obligations accompanying such benefit. This arrangement shall not be deemed a
waiver of any rights derived from any other agreement or provision of federal, state or local law.
(18) During the employee's protective period, a dismissed employee shall, if the employee so
requests, in writing, be granted priority of employment or reemployment to fill any vacant position within
the jurisdiction and control of the Recipient reasonably comparable to that which the employee held when
dismissed, including those in the employment of any entity bound by this arrangement pursuant to
paragraph (21) hereof, for which the employee is, or by training or retraining can become, qualified; not,
however, in contravention of collective bargaining agreements related thereto. In the event such
employee requests such training or re-training to fill such vacant position, the Recipient shall provide for
such training or re-training at no cost to the employee. The employee shall be paid the salary or hourly
rate provided for in the applicable collective bargaining agreement for such position, plus any
displacement allowance to which the employee may be otherwise entitled. If such dismissed employee
who has made such request fails,without good cause,within ten (10) days to accept an offer of a position
comparable to that which the employee held when dismissed for which the employee is qualified, or for
which the employee has satisfactorily completed such training, the employee shall, effective at the
expiration of such ten-day period, forfeit all rights and benefits under this arrangement.
As between employees who request employment pursuant to this paragraph, the following order where
applicable shall prevail in hiring such employees:
(a) Employees in the craft or class of the vacancy shall be given priority over employees without
seniority in such craft or class;
(b) As between employees having seniority in the craft or class of the vacancy, the senior
employees, based upon their service in that craft or class, as shown on the appropriate seniority roster,
shall prevail over junior employees;
(c) As between employees not having seniority in the craft or class of the vacancy, the senior
employees, based upon their service in the crafts or classes in which they do have seniority as shown on
the appropriate seniority rosters, shall prevail over junior employees.
(19) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient
has received federal assistance under the Federal Transit statute and has agreed to comply with the
provisions of 49 U.S.C., Section 5333(b). 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 this arrangement and to the proper determination of any claims arising
there under.
(20) In the event the Project is approved for assistance under the statute, the foregoing terms and
conditions shall be made part of the contract of assistance between the federal government and the
Grantee and between the Grantee and any Recipient; provided, 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/her 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.
(21) This arrangement shall be binding upon the successors and assigns of the parties hereto, and no
provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any
respect whatsoever by reason of the arrangements made by or for the Recipient to manage and operate
the system.
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Exhibit D Department of Labor Clauses
Metro Grant 933346
Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the
management, provision and/or operation of the Project services or the Recipient's transit system, or any
part or portion thereof, under contractual arrangements of any form with the Recipient, its successors or
assigns, shall agree to be bound by the terms of this arrangement and accept the responsibility with the
Recipient for full performance of these conditions. As a condition precedent to any such contractual
arrangements, the Recipient shall require such person, enterprise, body or agency to so agree in writing.
Transit employees in the service area of the project are third-party beneficiaries to the terms of this
protective arrangement, as incorporated by reference in the contractual agreement.
(22) In the event of the acquisition, assisted with Federal funds, of any transportation system
or services, or any part or portion thereof,the employees of the acquired entity shall be assured
employment, in comparable positions,within the jurisdiction and control of the acquiring entity, including
positions in the employment of any entity bound by this arrangement pursuant to paragraph (21). All
persons employed under the provisions of this paragraph shall be appointed to such comparable
positions without examination, other than that required by applicable federal, state or local law or
collective bargaining agreement, and shall be credited with their years of service for purposes of seniority,
vacations, and pensions in accordance with the records of their former employer and/or any applicable
collective bargaining agreements.
(23) The employees covered by this arrangement shall continue to receive any applicable
coverage under Social Security, Railroad Retirement, Workmen's Compensation, unemployment
compensation, and the like. In no event shall these benefits be worsened as a result of the Project.
(24) In the event any provision of this arrangement is held to be invalid, or otherwise
unenforceable under federal, state, or local law, in the context of a particular Project, the remaining
provisions of this arrangement shall not be affected and the invalid or unenforceable provision shall be
renegotiated by the Recipient and the interested Union representatives of the employees involved for
purpose of adequate replacement under Section 5333(b). If such negotiation shall not result in mutually
satisfactory agreement any party may invoke the jurisdiction of the Secretary of Labor to determine
substitute fair and equitable employee protective arrangements for application only to the particular
Project,which shall be incorporated in this arrangement only as applied to that Project, and any other
appropriate action, remedy, or relief.
1 (25) If any employer of the employees covered by this arrangement shall have rearranged or
adjusted its work force(s) in anticipation of the Project,with the effect of depriving an employee of benefits
to which the employee should be entitled under this arrangement, the provisions of this arrangement shall
apply to such employee as of the date when the employee was so affected.
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