Res 1687 - COG Grant Admn
COUNCIL BILL NO. 2402
RESOLUTION NO. 1687
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT WITH MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS FOR
GRANT ADMINISTRATION SERVICES FOR THE CONSTRUCTION OF THE CIPRIANO
FERREL EDUCATION CENTER.
WHEREAS, in April 2002, the City of Woodburn received, in cooperation with the Farmworker
Housing Development Corporation, a Community Development Block Grant for construction of the
Cipriano Ferrel Education Center, and
WHEREAS, the Mid-Willamette Valley Council of Governments (MWVCOG) will perform
grant administration services for the project, and
WHEREAS, grant funds in an amount not to exceed $15,000 will be transferred to MWVCOG
by the City for the administration of this program, and
WHEREAS, ORS Chapter 190 authorizes intergovernmental agreements, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to sign on behalf of the City of Woodburn the
Intergovernmental Agreement with the Mid-Willamette Valley Council of Governments for grant
administration services for construction of the Cipriano Ferrel Education Center, a copy of which is
affixed hereto as Attachment "A" and, by this reference, incorporated herein.
rn.~ .....A-.~ /" - 2{- 2042-
Approved as to form: - T ~" ( T ~ (!)
N. Robert Shields, City Attorney Date
Passed by the Council
Approved:
June 24, 2002
June 25, 2002
June 25. 2002
June 25, 2002
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ~~~
Mary Te t, City Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. 2402
RESOLUTION NO. 1687
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Attachment "A"
.AGREEMENI
between
MID-WIILAMETIE VALLEY COUNCIL OF GOVERNMENTS
and
THE CITY OF WOODBURN
****
WHEREAS, the Mid-Willamette Valley Council of Governments (COG) and The City of
Woodburn (CITY), have long had interests in common; and
WHEREAS, the CITY has been awarded a 2002 Oregon Community Development Block
Grant (Grant C02004) for the Cipriano Ferrel Education Center construction project; and
WHEREAS, the CITY desires assistance with the administration of this Oregon Community
Development Block Grant and the COG provides such service;
IN CONSIDERATION of the mutual benefits and obligations set out herein, the parties agree
that from the date of this agreement's execution to the last day of June, 2004, or the first date on which
the Grant has been administratively closed by the Oregon Economic & Community Development
Department, whichever comes first, the following provisions shall apply:
I. Description of Work to be provided by COG:
A. Research and prepare all documentation for the environmental review record for
activities funded by the Grant and prepare draft notices and environmental findings for
fInal CIlY action; draft CIlY resolutions and policies regarding excessive force, fair
housing and others as may be necessary and appropriate; assist CIlY staff with the
establishment of record keeping and financial management systems for the project; assist
with completion of the Self-Evaluation Checklist required by Section 504 of the
Rehabilitation Act of 1973; and other activities that may be necessary to get the project
started and eligible to receive funds.
B. Manage procurement and contracting processes related to the Gant on behalf of the CITY
as needed.
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Attachment "A"
C. Review all grant funded contracts for regulatory requirements, assist contractors and
subcontractors with state and federal regulatory compliance problems emanating from
this project and maintain all of the files and reports necessary to document the CITY'S
compliance with the federal and state requirements that apply to this project. Provide
any other assistance that may be requested by the CITY regarding state or federal
regulatory requirements that apply to the expenditure of Oregon Community
Development Block Grant funds.
D. Schedule and conduct the pre-construction conference.
E. Conduct on-site employee interviews and examine certified payroll documents to ensure
contractor and subcontractor compliance with Federal labor provisions established by
the Davis-Bacon Act.
F. Review all payment requests, prepare the necessary cash request forms for signature by
authorized CITY representatives, assist as needed with financial record keeping and
preparation of disbursement documents for approval by CITY authorities, prepare all
project progress reports that may be required of the CITY by the State of Oregon or the
U.S. Department of Housing and Urban Development, represent the CITY at
monitoring visits by Oregon Economic & Community Development Department
representatives and help resolve any such monitoring fmdings, prepare other necessary
project documentation, and be available to meet with the CITY'S auditor during the
annual audit to answer project regulatory compliance questions.
G. Prepare CITY completion reports and other documentation required for closing out the
Oregon Community Development Block Grant.
II. Method of Payment and Payment Schedule
The COG agrees to submit written invoices in amounts indicated and in accordance with the
following schedule. The contract shall not exceed $15,000. The CITY agrees to make full
payment with project funds upon proper receipt of each invoice.
A.
When all first-draw requirements have been met and the
first request for disbursement of grant funds is submitted.
$5,000
B.
When the construction contract is signed.
$4,000
c.
When construction is 50% completed.
$3,000
D.
When construction is completed.
$2,000
E.
Upon submission of grant close out reports.
$1,000
Total
$15,000
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Attachment "A"
III. Conflict of Interest
No member, officer or employee of the CI1Y, or its designees or agents, no member of the
W oodbum City Council and no other public official of the CI1Y who exercises any function
or responsibility with respect to this project during his/her tenure or for one year thereafter,
shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed in connection with the project assisted under the grant
contract.
IV. Access to Records
The CI1Y, Oregon Economic & Community Development Department of the State of
Oregon, the U.S. Department of Housing and Urban Development, the Comptroller General
of the United States, or any of their dilly authorized representatives, shall have access to any
books, documents, papers and records of the COG which are directly pertinent to this specific
contract, for the purpose of making audit, examination, excerpts and transcriptions. All
required records shall be maintained by the COG for three years after grantee makes final
payments and all pending matters are closed.
V. Remedies
Each party shall be entitled to all remedies available at law and in equity to enforce rights under
terms of this contract.
VI. Suspension or Termination
This contract may be suspended or terminated in accordance with 24 CFR 85.43, if the COG
materially fails to comply with any term of this contract. This contract may also be terminated
for convenience upon written notification by either party with a minimum notice of 30
calendar days. In the event of contract termination for convenience, COG shall be due
payment for all work completed by the time of termination.
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,
Attachment "A"
VII. Sowce of Funds
Work under this contract will be funded in its entirety with federal grant funds from the
Oregon Community Development Block Grant program.
IN WITNESS WHEREOF, both parties have signed and executed the above agreement as of
the _ day of , 2002.
MID-WIllAMETIE VALLEY
COUNCIL OF GOVERNMENTS
CIlY OF WOODBURN
By
By
Executive Director
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CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. 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 any 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 Federalloan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence 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-LIL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
C. 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.
TIlls 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 section 1352, tide 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signed (Contractor)
EXf>C11tiVf> Dirf>rtnr MWVr.()G
,
Tide/Firm
Date
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