Res 1387 - Woodland Ave Improve
COUNCIL BILL NO. 1759
RESOLUTION NO. 1387
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE STATE OF OREGON THROUGH ITS ECONOMIC
DEVELOPMENT DEPARTMENT TO COMPLETE THE WOODLAND AVENUE
IMPROVEMENTS.
WHEREAS, the State has reviewed the Borrower's application for funding
through the State's Special Public Works Fund (SPWF) and determined the City's
project is authorized by ORS 285.700 through 285.753; the project is feasible and
merits funding; and
\ WHEREAS, the State is willing to provide a loan of $450,000, to be repaid by
the Cityusing hotel/motel room tax and Waremart Inc. funds, and a grant of
$450,000, subject to the conditions of the State's Preliminary Award letter dated
October 9, 1996, this MOU and execution of a Financial Assistance Award Contract
and Loan Agreement; and
WHEREAS, the State and the City are interested in financing adequate moneys
to complete the project; the City must obtain bids to determine the cost of the project
prior to execution of the Contract, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City enter into a Memorandum of Understanding with the
State of Oregon, through its Economic Development Department, (Project Reference
No. B97002) to complete the Woodland Avenue Improvements. A copy of said
Memorandum of Understanding is attached hereto as Exhibit n An.
Section 2. That the Mayor be authorized to execute said Memorandum of
Understanding on b~/Pifthe Cit~ 10 __ 7..1- '- q G
Approved as to for';-': Y t ~ J I
City Attorney
APPROVED:
Date
~~~~
Nancy A. . sey, Mayor 7
/
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COUNCIL BILL NO. 1759
RESOLUTION NO. 1387
'T
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: (\'j ~,-...,-,,_;:s&-
Mary nnant, City Recorder
City of Woodburn, Oregon
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COUNCIL BILL NO. 1759
RESOLUTION NO. 1387
...
October 28, 1996
October 29, 1996
October 29, 1996
October 29, 1996
STATE COP"~
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made and entered into by and between the State
of Oregon, acting by and through its Oregon Economic Development Department ("State") and
the City of Woodburn (''Borrower''). The reference number of this project is B97002. The
project is described as Woodland Avenue Improvements.
RECITALS
WHEREAS, the State has reviewed the Borrower's application for funding through the State's
Special Public Works Fund (SPWF) and determined the Borrower's project is authorized by ORS
285.700 through 285,753; the project is feasible and merits funding; and
WHEREAS, the State is willing to provide a loan of $450,000, to be repaid by the Borrower
using hoteVmotel room tax and Waremart Inc. funds, and a grant of $450,000. subject to the
conditions of the State's Preliminary Award letter dated October 9, 1996, this MOU, and
execution of a Financial Assistance Award Contract and Loan Agreement ("Contract"); and
WHEREAS, The State and the Borrower are interested in financing adequate moneys to complete
the project; the Borrower must obtain bids to determine the cost of the project prior to execution
of the Contract.
THE~FORE, the parties agree as follows:
SECfION 1- OBLIGATIONS OF THE STATE
A. Sufficient Funds, The State certifies that at the time this MOU is signed, sufficient funds are
available and authorized for this project.
B. Drawdowns. No drawdowns are expected before the construction phase of the project and
execution of the Financial Assistance Award Contract.
C. PrQject Changes, The State shall not be obligated to finance the project if substantial changes,
as detennined by the State, in the cost, budget, scope, location, objectives, or time frame of
the project occur, In the event the bids for the project total more or less than the total amount
set out in the recitals, the State may adjust the total amount of the award, in the Contract, to
reflect these costs. An amount for contingencies, as determined by the State, may be included
in the Contract.
F:IUSERICOSUP\TEMP\TEMP6362.MOU
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SECTION 2 - OBLIGATIONS OF THE BORROWER
A. Engineering Completion. Borrower shall complete the engineering process and receive the
bids by April 1, 1997,
B, Return of Funds. In the event that the Borrower fails to execute the Contract within 30 days
after bid opening, all funds received by the Borrower under this MOU shall be returned to the
State within 40 days after bid opening.
C. Remedies, In the event the Borrower fails to return the funds by the date specified in Section
2,B., the State may pursue any or all ofits remedies available at law or in equity. Such
remedies may include, but are not limited to, declaration of ineligibility for the receipt of
future SPWF awards, tennination of any existing SPWF awards, and withholding of other
State funds due the Borrower,
D. MOU Execution. The Borrower represents and warrants to the State that this MOU has been
duly executed and delivered by the Borrower and will constitute the legal, valid and binding
obligation of the Borrower, enforceable in accordance with its terms.
E, A,pplicable Laws. Until the project is completed, the Borrower agrees that unless the State
shall otherwise consent in writing, the Borrower will comply with the requirements of all
applicable laws, rules, regulations and orders of any governmental authority, In particular, but
without limitation, the Borrower shall comply with State procurement regulations found in
ORS Chapter 279.
SECTION 3 - MISCELLANEOUS
A. Amendments. The terms of this MOD, including timeframes will not be waived, altered,
supplemented, or amended in any manner except by written instrument signed by the parties.
B. Attorney Fees. The prevailing party in any dispute arising from this MOD shall be entitled to
recover from the other, its reasonable attorney's fees at trial and on appeal.
C, Indemnity, To the extent pennitted by Article XI, Section 10 of the Oregon Constitution, the
Borrower's charter, relevant Oregon statutes and the Oregon Tort Claims Act, the Borrower
shall indemnify the State and its officers, employees and agents against any liability for damage
to life or property arising from the Borrower's actions under this MOD or the actions of
Borrower's subcontractors, agents or employees,
D. Merger. This MOD constitutes the entire agreement between the parties. There are no
understandings, agreements or representations, oral or written, not specified herein regarding
this MOU. The Borrower, by the signature below, hereby acknowledges that it has read this
MOD, understands it, and agrees to be bound by its terms and conditions,
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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be duly executed as of
the dates set forth below their signatures.
STATE OF OREGON, acting by and through
its Economic Development Department
City of Woodburn
(Borrower)
By:
Yvonne L. Addington, Manager
Regional Development Division
By: ~ U?!~4'~~...L 7
Signature)
Title: Mayor
Date:
Date: October 29, 1996
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