Res 1437 - Lo Ag Fd Ex A #15232
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COUNCIL BILL NO. 1826
RESOLUTION NO. 1437
A RESOLUTION ENTERING INTO LOCAL AGENCY FUND EXCHANGE AGREEMENT
NUMBER 15232 WITH THE STATE OF OREGON FOR STATE FUNDS TO BE UTILIZED
TO REALIGN FRONT STREET AND SETTLEMIER AVENUE AND AUTHORIZING THE
MAYOR AND CITY RECORDER TO SIGN SUCH AGREEMENT.
WHEREAS, the State of Oregon, by authority granted in ORS 366.770 and
366.775, may enter into cooperative agreements with cities for the performance of
projects, and
WHEREAS, the State has established a fund exchange program to exchange
allocated federal funds for state funds to be utilized for accepted projects, and
WHEREAS, the State has determined that the project to realign Front Street and
Settlemier Avenue is eligible for exchange funds; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Local Agency Fund Exchange
Agreement 15232 with the State of Oregon which is affixed as Attachment "A" and
by this reference incorporated herein for the exchange of allocated federal funds for
state funds to be utilized on the project to realign Front Street and Settlemier Avenue.
Section 2. That the Mayor and City Recorder are authorized to sign said
agreement on behalf of the City of Woodburn.
Page 1 COUNCIL BILL NO. 1826
RESOLUTION NO. 1437
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Approved as to fOrm:C().0"fJ~/) cg ---.:; -"1 7-
City Attorney Date
Passed by the Council September 8. - 1997
Submitted to the Mayor September 9. 1997
Approved by the Mayor September 9. 1997
Filed In the Office of the Recorder September 9. 1997
ATTEST: ~ -r~
Mary Teridant, City Recorder
City of Woodburn, Oregon
Page 2
COUNCIL BILL NO. 1826
RESOLUTION NO. 1437
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February 25, 1997
Misc. Contracts and Agreements
No. 15,232
FUND EXCHANGE AGREEMENT 15,232
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 ele.Gted officials,
hereinafter referred to as "Agency".
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.
2. State and Agency have determined that it is advantageous to both parties and in the
public's interest to enter into this agreement.
3. Agency has submitted a completed and signed Part I of the Project Prospectus
outlining the schedule and costs associated with all phases of the Realign Front
StreetlSettlemier Avenue, hereinafter referred to as "Project".
4. To assist in funding the project, Agency has requested State to exchange 1996
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 $84,880 Federal Funds for $79,787
State Funds.
5. 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.
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 Agency must be used for the Realign
Front StreetlSettlemier Avenue project. This fund exchange is to
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Fund Exchange Agreement
2/25/97
Page 2
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 $79,787. 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, 1997, 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 PERS contributions,
workers' compensation, unemployment taxes, and State and
Federal income tax withholding.
G. Agency agrees to comply with all applicable State, Federal, and
local laws, rules, regulations and ordinances, including but not
limited to those pertaining to civil rights.
H. ~~ncy, or its consultant, shall conduct the necessary preliminary
engineering and design work required to produce final plans,
specification3 a:1d c~st cstim:::lt3s; purchas3 ::lll necessary right of
way in accordance with current State a;1d Feder~1 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 submit a copy of the project plans and specifications
to State for review two weeks prior to advertisement for
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Fund Exchange Agreement
2/25/97
Page 3
construction bid proposals. State shall notify Agency of any
changes or modifications' it deems necessary prior to
advertisement. Failure to suggest changes shall in no way
constitute State dpproval of the plans and specifir,ations.
J. Agency shall compile accurate cost accounting records. ..Agency
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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
$79,787. 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 request.
K. Agency shall upon completion of project maintain and operate the
project at its own cost and expense.
L. The contractor, its 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.
M. This agreement shall be for two years beginning on the date
State's representative executes this agreement and terminating
two calendar years later on the same month and day, unless
otherwise extended or renewed by formal agreement of the
parties.
N. This agreement may be terminated by mutual consent of State
and Agency or by either party upon 30 days' written notice,
delivered by certified mail or in person.
O. 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.
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Fund Exchange Agreement
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Page 4
7. Agency represents that this agreement IS signed by duly authorized Agency
personnel.
The funding for this fund exchange program was approved by the Oregon
Transportation Commission on September 13, 1995, as a part of the 1996-1998
Statewide Transportation Improvement Program.
The Financial Services Funds and Grants Manager approved the fund exchange on
February 4, 1997.
On March 7, 1996, the Oregon Transportation Commission adopted Delegation Order
2, which Order grants authority to Region Managers to approve and execute
agreements for work in the current Statewide Transportation Improvement Program or
approved workplan budget.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
All agreement provisions were approved as to legal sufficiency on December 5, 1995,
by Dale K. Hormann, Assistant Attorney General.
STATE OF OREGON, by and through
its Department of Transportation
Region Manager
CITY OF WOODBURN, by and
through its elected officials
By ~~rP 9f~---}
Title Mayor /
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By fYla.u.J- J~;
By
Date
Title City Recorder
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Date
7-7- 9'7
APPROVED AS TO LEGAL
SUFFICIENCY ~
Bf!J,~-
Agency Attorney
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