Res 1560 - St of OR Agmt #17678
COUNCIL BILL NO. 2001
RESOLUTION NO. 1560
A RESOLUTION ENTERING INTO 1999 FUND EXCHANGE AGREEMENT NO. 17678
WITH THE STATE OF OREGON AND AUTHORIZING THE MAYOR AND CITY
RECORDER TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon acting through its Department of
Transportation is authorized to enter into cooperative agreements with cities for the
performance of work on certain types of improvement projects with the allocation of
costs on terms and conditions agreeable to contracting parties pursuant to ORS
366.770 and 366.775, and
WHEREAS, the City of Woodburn has applied to exchange federal funds for
state funds to assist with the project for widening and addition of bike lanes,
sidewalks, storm drainage and signal modifications on Boones Ferry Road and Country
Club Road, and
WHEREAS, the State of Oregon, Department of Transportation, has determined
that the city's project is eligible for the exchange of funds, and
WHEREAS, the State of Oregon, Department of Transportation, has approved
the exchange of $80,576 in federal funds for $75,741 in state funds, NOW
THEREFORE:
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into 1999 Fund Exchange
Agreement No. 17678, 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 $80,576 in federal funds for $75,741 in state funds
to assist with the project for widening and addition of bike lanes, sidewalks, storm
drainage and signal modifications on Boones Ferry Road and Country Club Road.
Page 1
COUNCIL BILL NO. 2001
RESOLUTION NO. 1560
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Section 2. That the Mayor and City Recorder of the City of Woodburn are authorized
to sign said agreement on behalf of the City.
Approved as to fOrm~\~~
City Attorney
Oc1- l <& ~ 1
).
Date
APPROVED:
Passed by the Council
November 8, 1999
Submitted to the Mayor
Nnvpmhpr 10. 1999
Approved by the Mayor
Filed in the Office of the Recorder
November 10. 1999
November 10, 1999
ATTEST: ~1~~~+
City of Woodburn, Oregon
COUNCIL BILL NO. 2001
Page 2 RESOLUTION NO. 1560
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October 8, 1999
Misc. Contracts and Agreements
No. 17,678
1999 FUND EXCHANGE AGREEMENT
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 elected officials,
hereinafter referred to as "Agency".
RECITALS
1. By the authority granted in ORS 366.770 and 366.775, State may enter into
cooperative agreements with counties and 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.
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
1. Agency has submitted a completed and signed Part I of the Project Prospectus
outlining the schedule and costs associated with all phases of the widening and
addition of bike lanes, sidewalks, storm drainage and modifications of existing signal
on Boones Ferry Road and Country Club Road, hereinafter referred to as "Project".
2. To assist in funding the project, Agency has requested State to exchange 1999
Federal Funds, which have been allocated to Agency, for State funds based on the
following ratio:
$94 State for $100 Federal
Based on this ratio, Agency wishes to trade $80,576 Federal Funds for $75,741
State Funds.
3. State has reviewed Agency's prospectus, considered Agency's request for the fund
exchange, and has determined that Agency's project is eligible for the exchange
funds.
4. The term of this agreement shall begin on the date all required signatures are
obtained and shall terminate within two calendar years following that date, unless
otherwise extended or renewed by formal agreement of the parties.
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5. 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 Agency must be used for the project named in
Terms of Agreement, Item 1, Page 1, of this agreement. This fund
exchange is to provide funding for specific roadway projects and is not
intended for maintenance.
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 IX Oregon Constitution). Agency shall be
responsible for accounting for expenditure of State Funds.
D. This Fund Exchange shall be on a reimbursement basis, with State funds
limited to a maximum amount of $75,741. All costs incurred in excess of
the fund exchange amount will be the sole responsibility of Agency.
E. State certifies at the time this agreement is written that sufficient funds
are available and authorized for expenditure to finance costs of this
agreement within State's current appropriation or limitation. Funds
available for reimbursement on or after July 1, 1999 are contingent upon
the legislatively approved budget of State.
F. Agency shall be responsible for all costs and expenses related to its
employment of individuals to perform the work under this agreement,
including but not limited to retirement contributions, workers'
compensation, unemployment taxes, and State and Federal income tax
withholding.
G. Agency 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 279.312,
279.314, 279.316, 279.320 and 279.555, which hereby are incorporated
by reference. Without limiting the generality of the foregoing, Agency
expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii)
Section V of the Rehabilitation Act of 1973; (iii) the Americans with
Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v)
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all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
H. Agency, 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.
I. Agency shall compile accurate cost accounting records. Agency shall bill
State in a form acceptable to State no more than once a month for costs
incurred on the project. State will reimburse Agency at 100 percent of
the billing amount not to exceed $75,741. The cost records and
accounts pertaining to the work covered by this agreement shall be
retained for inspection by representatives of State for a period of three
years following final payment. Copies shall be made available upon
req uest.
J. Agency shall, upon completion of project, maintain and operate the
project at its own cost and expense.
K. Agency, its consultants or subcontractors, if any, and all employers
working under this agreement are subject employers under the Oregon
Workers' Compensation Law and shall comply with ORS 656.017 which
requires them to provide workers' compensation coverage for all their
subject workers.
L. This agreement may be terminated by mutual written consent of both
parties.
1. State may terminate this agreement effective upon delivery of written
notice to Agency, or at such later date as may be established by
State, under any of the following conditions:
a. If Agency fails to provide services called for by this agreement
within the time specified herein or any extension thereof.
b. If Agency fails to perform any of the other provisions of ttlis
agreement, or so fails to pursue the work as to endanger
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Fund Exchange Agreement
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performance of this agreement in accordance with its terms,
and after receipt of written notice from State fails to correct
such failures within 10 days or such longer period as State may
authorize.
2. Either party may terminate this agreement effective upon delivery of
written notice to 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 at levels sufficient to pay for the
work provided in the 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.
M. State and Agency 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.
6. Agency personnel who sign this agreement shall be duly authorized to do so by the
City Council.
7. 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.
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IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The funding for this fund exchange program was approved by the Oregon
Transportation Commission on October 15, 1997, as a part of the 1998-2001 Statewide
Transportation Improvement Program (STIP).
The Financial Services Branch Manager approved the fund exchange on September
20, 1999.
The Oregon Transportation Commission on March 18, 1999, approved Subdelegation
Order No. 2 in which the Director grants authority to the Executive Deputy
Director/Chief Engineer to approve and execute agreements over $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program or in a line item in the approved biennial budget.
STATE OF OREGON, by and through
its Department of Transportation
CITY OF WOODBURN, by and through its
elected officials
By
Executive Deputy Director/Chief Engineer
By
Title
Date
By
APPROVAL RECOMMENDED
Title
By
By
Region 2 Manager
Title
Date
Date
APPROVED AS TO LEGAL
SUFFICIENCY
APPROVED AS TO LEGAL
SUFFICIENCY
By
Assistant Attorney General By
Agency Legal Counsel
I
Date
Date
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