20A - AA - AGMT - ELDERLY AND DISABLED TRANSIT GRANT

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Standard Agreement DOT -213 City of Santa Ana 642572 Page 26 of 29 EXHIBIT D SECTION 5310 Additional 1. Agreement Discrepancy. Should there be a discrepancy between the State Management Plan and this Agreement, the Agreement shall govern. 2. Independent Performance, The CONTRACTOR, and the agents and employees of CONTRACTOR, in the performance of the Agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. Procurement Standards A. The local procurement of all PROJECT equipment shall be conducted in accordance with the procurement standards set forth in the Federal Office of Management and Budget (OMB) Circular A -102, 49 C.F.R. Part 18 "Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments" and OMB Circular A -122, 49 C.F.R. Part 19, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Educations, Hospitals, and Other Non - profit Organizations." The STATE will act as the procurement agent for all vehicles for non- profit Agencies. B. FTA Circular C 4220.1F "FTA Third -Party Contracting Guidelines ", FTA C 9070.1F (Section 5310), 49 U.S,C. § $310, 49 C.F.R. Part 663 "Pre -Award and Post Delivery Audits of Rolling Stock" and the State's Contract Vehicle Manual. The CONTRACTOR shall conduct the procurement or. with the approval of the STATE, designate another Section 5310 recipient or a government agency to conduct the procurement on Its behalf. 4. Pr -Away Authority. The STATE shall not authorize the procurement of vehicles or equipment under this Agreement until such time that the Federal Transit Administration has notified the STATE that the Program of Projects has been fully funded and is available to the STATE for disbursement. 5. Vehicle Procurement Options. All vehicle procurements shall comply with one of the following conditions depending on agency type and option selected: A. Non - Profit Agencies, The STATE is required to order vehicles for non - profit agencies from a State approved Contract. B. Public Agencies. Public agencies have three (3) vehicle procurement options. 1. STATE purchases vehicles for CONTRACTOR from a State approved Contract. 2, CONTRACTOR purchases vehicles directly from a State approved Contract. CONTRACTOR shall purchase vehicle in full from the vendor with prior STATE approval. 3. CONTRACTOR purchases vehicles through its' own procurement procedures. Public agencies who choose to procure vehicles through its" own process must receive prior STATE authorization. C. Payment Provisions are detailed in Exhibit B. 6. Purchase Orders for Vehicles. All vehicle procurements shall: A. Be consistent with the approved bid award listed in Exhibit A, Scope of'VVork. 0 20A -31 Rev. 0 312 512 01 4