Res 1905 - Fund Exchange Agr No 25,141COUNCIL BILL NO. 2742
RESOLUTION NO. 1905
A RESOLUTION ENTERING INTO 2004, 2005, AND 2006 FUND EXCHANGE
AGREEMENT NUMBER 25,141 WITH THE STATE OF OREGON AND
AUTHORIZING THE INTERIM CITY ADMINISTRATOR TO SIGN SUCH
AGREEMENT.
WHEREAS, by authority granted in ORS 190.110, 366.572 and 366.576
the State of Oregon acting through its Department of Transportation is authorized
to enter into agreements with cities for the performance of work on certain types
of improvement projects with the allocation of costs on terms and conditions
mutually agreeable to the contracting parties, and
WHEREAS, North Front Street is a part of the City street system under
the jurisdiction and control of the City of Woodburn, and
WHEREAS, a project has been developed to improve the North Front
Street Gateway to downtown Woodburn that enhances the appearance and
access to the downtown area, and
WHEREAS, the City has completed a project prospectus outlining the
schedule and costs for the North Front Street Gateway project, and
WHEREAS, the State of Oregon, Department of Transportation, has
reviewed the City's prospectus for the North Front Street Gateway project and
has determined that the project is eligible for exchange of $582,024 in federal
funds for the years 2004, 2005, and 2006 for $547,103 in state funds, NOW
THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into 2004, 2005, and 2006
Fund Exchange Agreement No. 25,141, which is affixed as Attachment "A" and
by this reference incorporated herein, with the State of Oregon acting by and
through its Department of Transportation to exchange of $582,024 in federal
funds for the years 2004, 2005, and 2006 for $547,103 in state funds to improve
the North Front Street gateway to downtown Woodburn and enhance the
appearance and access to the downtown area.
Page 1 - COUNCIL BILL NO. 2742
RESOLUTION NO. 1905
Section 2. That the Interim City Administrator of the City of Woodburn is
authorized to sign said agreement on behalf of the City.
Approved as to form: -?.
City Attorney
...
Passed by the Council
Submitted to the Mayor
Approved by Mayor
Filed in the Office of the Recorder
ATTEST: 'A
Mary Teront, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2742
RESOLUTION NO. 1905
.Z
Date
September 8, 2008
September 10, 2008
September 10, 2008
September 10, 2008
ATTACHMENT
Page / of
Misc. Contracts & Agreements
No. 25,141
2004, 2005 and 2006 FUND EXCHANGE AGREEMENT
North Front Street Gateway Project
City of Woodburn
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON,
acting by and through its Department of Transportation, hereinafter referred to as "State";
and the CITY OF WOODBURN, acting by and through its designated officials, hereinafter
referred to as "City," hereinafter individually referred to as the "Party" and collectively
referred to as the "Parties."
RECITALS
By the authority granted in Oregon Revised Statute (ORS) 190.110, 366.572 and
366.576, State may enter into cooperative agreements with counties, cities and units
of local governments for the performance of work on certain types of improvement
projects with the allocation of costs on terms and conditions mutually agreeable to
the contracting parties.
2. North Front Street is a part of the city street system under the jurisdiction and control
of City.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
City has submitted a completed and signed Part 1 of the Project Prospectus, or a
similar document agreed to by State, outlining the schedule and costs associated
with all phases of the North Front Street Gateway project, hereinafter referred to as
"Project." The location of the Project is approximately as shown on the sketch map
attached hereto, marked Exhibit A, and by this reference made a part hereof.
2. State has reviewed City's prospectus and considered City's request for the Fund
Exchange. State has determined that City's Project is eligible for the exchange of
funds.
3. To assist in funding the Project, City has requested State to exchange federal
funds in the following manner:
ATTACHMENT / l
Page 2- °t -
City of Woodburn / State of Oregon - Dept. of Transportation
Agreement No. 25,141
FiseaI Year
Federal
Exchange
State Funds
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"RAW.,
�. _�
�unds_��.�
2004
$182,514
94%
$171,563
2005
$203,392
94%
$191,189
2006
$196,118
94%
$184,351
Total
$582,024
$547,103
4. City shall exchange a total of $582,024 federal funds for state funds at the ratios
defined in the above table. State shall reimburse City up to the total of $547,103
state funds for eligible costs incurred.
5. The term of this Agreement will begin upon execution and will terminate two (2)
calendar years later on the same month and day unless extended by an executed
amendment between the Parties.
6. The Parties agree that the exchange is subject to the following conditions:
a. The federal funds transferred to State may be used by State at its
discretion.
b. State dollars transferred to City must be used for the Project. This
Fund Exchange will provide funding for specific roadway projects and
may also be used for the following maintenance purposes:
Purchase or Production of Aggregate. City shall ensure the
purchase or production of aggregate will be highway related and
used exclusively for highway work.
ii. Purchase of Equipment. City shall clearly describe how it plans to
use said equipment on highways. City shall demonstrate that the
equipment will only be used for highway purposes.
c. State funds may be used for all phases of the Project, including
preliminary engineering, right of way, utility relocations and
construction. Said use shall be consistent with the Oregon Constitution
and statutes (Section 3a of Article 1X Oregon Constitution). City shall
be responsible to account for expenditure of state funds.
d. This Fund Exchange shall be on a reimbursement basis, with state
funds limited to a maximum amount of $547,103. All costs incurred in
excess of the Fund Exchange amount will be the sole responsibility of
City.
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ATTACHMENT
Page 3 of `G
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 25,141
e. State certifies, at the time this Agreement is executed, that sufficient
funds are available and authorized for expenditure to finance costs of
this Agreement within State's current appropriation or limitation of the
current biennial budget.
f. City, and any contractors, shall perform the work as an independent
contractor and will be exclusively responsible for all costs and
expenses related to its employment of individuals to perform the work
including, but not limited to, retirement contributions, workers
compensation, unemployment taxes, and state and federal income tax
withholdings.
g. City shall comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this
Agreement, including, without limitation, the provisions of ORS
279C.505, 279C.515, 279C.520, 279C.530 and 27913.270
incorporated herein by reference and made a part hereof. Without
limiting the generality of the foregoing, City expressly agrees to comply
with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504
of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities
Act of 1990 and ORS 659A.142; (iv) all regulations and administrative
rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
h. City, or its consultant, shall conduct the necessary preliminary
engineering and design work required to produce final plans,
specifications and cost estimates; purchase all necessary right of way
in accordance with current state and federal laws and regulations;
obtain all required permits; be responsible for all utility relocations;
advertise for bid proposals; award all contracts; perform all
construction engineering; and make all contractor payments required
to complete the Project.
City shall submit invoices to State on a monthly basis, for actual costs
incurred by City on behalf of the Project directly to State's Project
Manager for review and approval. Such invoices will be in a form
identifying the Project, the agreement number, the invoice or account
number (or both), and will itemize all expenses for which
reimbursement is claimed. Under no conditions shall State's
obligations exceed $547,103, including all expenses. Travel expenses
will not be reimbursed.
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ATTACHMENT A
Page L1 of -r
City of Woodburn /State of Oregon — Dept. of Transportation
Agreement No. 25,141
City shall, at its own expense, maintain and operate the Project upon
completion at a minimum level that is consistent with normal
depreciation and service demand.
k. All employers, including City, that employ subject workers in the State
of Oregon shall comply with ORS 656.017 and provide the required
Workers' Compensation coverage unless such employers are exempt
under ORS 656.126. City shall ensure that each of its subcontractors
complies with these requirements.
This Agreement may be terminated by either party upon thirty (30)
days' notice, in writing and delivered by certified mail or in person.
State may terminate this Agreement effective upon delivery of
written notice to City, or at such later date as may be established
by State, under any of the following conditions:
A. If City fails to provide services called for by this Agreement
within the time specified herein or any extension thereof.
B. If City fails to perform any of the other provisions of this
Agreement, or so fails to pursue the work as to endanger
performance of this Agreement in accordance with its terms,
and after receipt of written notice from State fails to correct such
failures within ten (10) days or such longer period as State may
authorize.
2. Either Party may terminate this Agreement effective upon delivery
of written notice to the other Party, or at such later date as may be
established by the terminating Party, under any of the following
conditions:
A. If either Party fails to receive funding, appropriations, limitations
or other expenditure authority sufficient to allow either Party, in
the exercise of their reasonable administrative discretion, to
continue to make payments for performance of this Agreement.
B. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this
Agreement is prohibited or either Party is prohibited from paying
for such work from the planned funding source.
3. Any termination of this Agreement shall not prejudice any rights or
obligations accrued to the Parties prior to termination.
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ATTACHMENT
Page _SL of —L—
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 25,141
m. State and City hereto agree that if any term or provision of this
Agreement is declared by a court of competent jurisdiction to be
invalid, unenforceable, illegal or in conflict with any law, the validity of
the remaining terms and provisions shall not be affected, and the
rights and obligations of the Parties shall be construed and enforced
as if the Agreement did not contain the particular term or provision
held to be invalid.
7. City acknowledges and agrees that State, the Oregon Secretary of State's
Office, the federal government, and their duly authorized representatives
shall have access to the books, documents, papers, and records of City
which are directly pertinent to this Agreement for the purpose of making
audit, examination, excerpts, and transcripts for a period of six (6) years
after final payment. Copies of applicable records shall be made available
upon request. Payment for costs of copies is reimbursable by State.
8. City certifies and represents that the individual(s) signing this Agreement
has been authorized to enter into and execute this Agreement on behalf of
City, under the direction or approval of its governing body, commission,
board, officers, members or representatives, and to legally bind City.
9. This Agreement may be executed in several counterparts (facsimile or
otherwise) all of which when taken together shall constitute one agreement
binding on all Parties, notwithstanding that all Parties are not signatories to
the same counterpart. Each copy of this Agreement so executed shall
constitute an original.
10. This Agreement and attached exhibits constitute the entire agreement
between the Parties on the subject matter hereof. There are no
understandings, agreements, or representations, oral or written, not
specified herein regarding this Agreement. No waiver, consent, modification
or change of terms of this Agreement shall bind either Party unless in
writing and signed by both Parties and all necessary approvals have been
obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given.
The failure of State to enforce any provision of this Agreement shall not
constitute a waiver by State of that or any other provision.
11. This Agreement may be executed in several counterparts (facsimile or
otherwise) all of which when together shall constitute one agreement
binding on all parties, notwithstanding that all parties are not signatories to
the same counterpart. Each copy of this Agreement so executed shall
constitute an original.
Page 5 of 8
ATTACHMENT
Page T of --
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 25,141
THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
The funding for this Fund Exchange program was approved by the Oregon
Transportation Commission on November 14, 2007, as a part of the 2008-2011
Statewide Transportation Improvement Program (STIP).
The Program and Funding Services Manager approved the Fund Exchange on August
12, 2008.
The Oregon Transportation Commission on June 18, 2003, approved Delegation Order
No. 2, which authorizes the Director to approve and execute agreements for day-to-day
operations. Day-to-day operations include those activities required to implement the
biennial budget approved by the Legislature, including activities to execute a project in
the Statewide Transportation Improvement Program.
Signature page to follow
Page 6 of 8
ATTACH
Page , of _
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 25,141
On August 2, 2005, the Director, Deputy Director, Highways and Chief Engineer
approved Subdelegation Order No. 5, in which the Director, Deputy Director, Highways
and Chief Engineer delegate authority to the Region Managers to approve and sign
intergovernmental agreements over $75,000 up to a maximum of $500,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program (STIP).
CITY OF WOODBURN, by and through STATE OF OREGON, by and through
its designated officials its Department of Transportation
By
Administrator
Date
APPROVED AS TO FORM
By
City Legal Counsel
Date
City Contact:
Randall Rohman, P.E.
Public Works Program Manager
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Phone: (503) 982-5245
Randy. Rohmanna ci.woodburn.or.us
By
Region 2 Manager
Date
APPROVAL RECOMMENDED
By
Region 2 Planning & Development
Manager
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General
Date
State Contact:
Lyn Cornell, Local Agency Coordinator
Highway Division, Region 2
455 Airport Road SE, Building B
Salem, OR 97301-5395
Phone: (503) 986-2650
Email: Iinda s. cornellaodot.state. or. us
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ATTACHMENT
Page_—& of .
City of Woodburn / State of Oregon — Dept. of Transportation
Agreement No. 25,141
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EXHIBIT A
North Front Street Gateway Project
PROJECT LOCATION
ODOT REGION 2
CITY OF WOODBURN DOWNTOWN REVITALIZATION
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