Oregon Depart of Fish & Wildlife - Cook Park Floating Dock 1
COOPERATIVE AGREEMENT FOR MOTORBOAT FACILITY
This Agreement is entered into by and between the STATE OF OREGON, acting
by and through its Department of Fish And Wildlife, hereinafter called the "Department"
and the City of Tigard in the State of Oregon, hereinafter called the "Recipient."
The purpose of this Agreement is to set forth obligations by both parties in the
development of recreational boating facilities on land owned by Recipient at the Cook
Park Waterfront on the Tualatin River. Said project shall be named the Cook Park
Floating Dock, hereinafter called the "Project" as described in the Recipient's proposal
requesting funding. With this reference, the proposal is made part of this Agreement.
The Department asserts it has sufficient funds available for motor boating projects
within its current 1993-95 biennial period; however, the funds are matching federal grants
obtained through the Federal Aid in Sport Fish Restoration Program administered by the
U.S. Fish and Wildlife Service, and therefore this agreement is subject to their approval.
NOW THEREFORE, the Department and the Recipient agree to the following:
1. The Department shall:
A. Provide Funds. Provide funds in an amount not to exceed $ 4,338 to the
recipient to partially fund the project developments as described herein subject to the
availability of Federal Funds.
B. Plan Review. Review and approve the Recipient's final architectural and
engineering plans, specification, and cost estimates prior to project bid advertisement or
construction.
C. Permits. Receive proof from the Recipient that all necessary state, federal,
and local permits or approvals have been obtained prior to project bid advertisement or
construction.
D. Final Payment.
1. Completion and acceptance of project by the
Recipient. - - - -.--
2. Inspection and approval of project by the
Department.
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3. Payment will be made to the recipient within
30 days after request of payment with
appropriate billing documentation.
4. Final payment will be made to the Recipient
within 30 days.
E. Project Ownership. Recognize that the project once completed will be
the exclusive property of the Recipient.
H. The Recipient shall:
A. Contribute. Contribute $ 350 in dollars or services and materials as
described in the proposal request. Also, procure $ 13,012 from Oregon State Marine
Board to provide additional funds to finance the project.
B. Submit Plans. Submit final architectural, engineering and signage plans,
specifications, and cost estimates to the Department for review and approval prior to
project bid advertisement or construction.
C. Construction Contract. Award, monitor, and inspect the construction
contract to assure compliance with project plans and specifications.
D. Project Sign. Post in a conspicuous location at the site within 10 days
after completion of the project a sign at least three feet wide acknowledging the .
cooperators. Suggested format in no particular order as follows:
PROJECT NAME
Federal Sport Fish Restoration Program
Oregon Department of Fish and Wildlife
Oregon State Marine Board
City of Tigard
E. Cost Overruns. Be responsible for all cost overruns unless otherwise
specifically agreed to in writing with the Department.
F. Final Billing. Present the Department with appropriate final project billing
documentation.
G. Project Completion. Complete the project and submit the final billing on
or before July 1, 1994.
H. Responsible for Project. Throughout the term of this Agreement be
responsible for the maintenance and operation of the project and related facilities.
I. User Fees. Notify and request written approval from the Department of
any user fees charged for the use of the improvements described herein throughout the
term of this Agreement. Fees charged will be subject to reasonable review and approval
by the Department. General'multiple use facility"day use" entrance fees are exempt from
this provision.
J. Barrier-Free Access. The Recipient will make all efforts to assess said
project for barrier-free access. While it is understood that not-all sites will be suitable for
full handicapped access-due to site configuration or costs,.it is also understood that the
Recipient will, in writing to the Department, identify where appropriate proper gradients,
handrails or other such designs that will be incorporated to assist the handicapped in
accessing the project.
K. Photos. Provide the Department with two copies each of a before and
after photo of the subject.
III. TERM OF AGREEMENT
The term of this Agreement is twenty(20)years commencing on the date of
execution by or in behalf of the Director of the Department and the Recipient.
IV. TERMINATION PROVISIONS
The following provide for the termination and modification of this Agreement:
A. Termination for Convenience. The Recipient may terminate this
Agreement at any time upon thirty(30) days prior written notice, delivered by certified
mail or in person to the Department provided, however, that upon any such termination of
the Agreement the Recipient shall, within thirty(30)days of such termination, reimburse
by check payable to the Department all funds contributed by the Department to the
project.
B. Termination and Modification for Good Cause. The Department, at
any time upon thirty(30) days prior written notice delivered by certified mail or in person
to the Recipient, may modify or terminate this Agreement for good cause or may modify.
or terminate the Agreement should state regulations or guidelines be modified, changed or
interpreted in such a way that the project, or any portion of the project, is no longer
.eligible for funding.
C. Termination for Default. The Department may at any time upon (30).
days prior written notice of default, delivered by certified mail or in person to the
Recipient terminate this Agreement if
1. The design, permitting, or construction of
the project is not pursued with due
diligence; or
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2. Fee title to or other interest in the
construction sites is not sufficient, legal,
and valid, or
3. The construction of the project is not
permissible under state, federal, or local
law; or
4. The Recipient does not abide by the
nondiscrimination.and affirmative action
provisions of this Agreement; or
5. The Recipient, without the prior and written
approval of the Department, uses the funds
provided by the Department to build any
project other than the.project described in
the final architectural and engineering
drawings approved by the Department; or
6. The construction is not performed in a good
and workmanlike manner; or
7. During the term of this Agreement, the
Recipient conveys the project or the project
property or converts the use of the project
or the project property to a use which
precludes free and unencumbered public
access.
The Recipient shall, within thirty (30) days of its receipt of a notice of
default reimburse by check payable to the Department all funds contributed by the
Department to the project.
D. Other Rights And Remedies. The rights and remedies of the Department
related to termination for convenience, termination and modification for good cause, and
termination for default are not limited to those listed above and are in addition to any
other rights and-remedies provided by law.
V. FORCE MAJEURE
Neither the Department nor the Recipient shall be held responsible for delay or
failure to perform when such act or delay or failure is due to fire, flood, epidemic, strikes,
acts of God or the public enemy, legal acts of public authorities, or delays or defaults
caused by public carriers, which cannot be reasonably foreseen or provided against.
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VI. STANDARD CONDITIONS
The following are the Standard Conditions of this Agreement.
A. Maintenance of Records. The Recipient agrees to maintain records of
costs reimbursed by the Department which fully.document and support the billings. All
books, records and other documents relevant to this Agreement shall be retained for either
five(5)years after the,effective date of this Agreement, or any longer period which may
be required to complete any audit or to resolve any pending audit findings.
B. Disallowed Costs. The Recipient agrees that any payment or payments
made under this Agreement shall.be subject to reduction for amounts charged thereto
which are found on the basis of any audit examination not to constitute allowable costs
under this Agreement. The Recipient shall refund by check payable to the Department the
amount of such reduction payments under the completed, modified, or terminated
Agreement.
C. Accounting Procedures and Audits. The Recipient's accounting
procedures shall provide for an accurate and timely recording of receipt of funds by
source, of expenditures made from such funds, and of unexpended balances. Controls
shall be established which are adequate to ensure that all expenditures reimbursed under
this Agreement are for allowable purposes and that documentation is readily available to
verify that such charges are accurate.
D. Right to Examine. The Recipient agrees that the Director of the
Department or any duly authorized state representative shall have access to and the right
to examine directly any books, documents, papers; records, and transactions of the
Recipient which are directly pertinent to this Agreement for the purposes of making audit,
examination, excerpts, transcripts or performance evaluation for a period of five (5),years
after the effective date of this Agreement.
E. Progress Payments. The Department may disperse funds in the form of
progress payments after the Recipient awards the contract for construction based on
percentage of estimated project completion. The Recipient awards the contract for
construction based on percentage of estimated project completion. The Recipient shall
provide appropriate documentation to the Recipient. In no case shall the Department
dispense more than 90 percent of the funds as described in Item I:A as progress'payments.
F. Cost Savings. Any cost savings_realized_after completion of the project
based on the total of Department funds Item LA and Recipient contributions Item IhA
shall be prorated based on the percent of contribution by either party.
G. Overpayment, In the event that the amount of the Department's initial
and interim payments to the Recipient exceed the reimbursable expenses of the final billing
presented by the Recipient to the Department, the Recipient agrees to refund the payments
in excess of billing by check payable to the Department within thirty(30) days.
H. Dual Payment. The Recipient shall not be compensated for or receive any
other form of dual payment for work performed under this Agreement from any agency of
the State of Oregon or the United States of America or any other party,
I. Administration And Indirect Costs.. The Department shall not provide
any.funds described in Item I.A to the Recipient for administration, overhead, or indirect
costs with this Agreements.
J. Expenditure of Funds by the Department. The Department with
Recipient approval may be authorized to expend grant funds described in Item I.A on
project developments.
K. Compliance with Applicable Law. The Recipient shall comply with all
federal, state, and local laws and ordinances applicable to the work to be done under this
Agreement.
L. Assurance of Civil Rights. "The undersigned is subject to the Title VI of
the Civil Rights Act of 1964, Section 504 of Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all
persons the opportunity to participate in programs or activities regardless of race, color,
national origin, age, sex, or handicap. Further, it is agreed that no individual will be
turned away from or otherwise denied access to or benefit from any program or activity
that is directly associated with a program of the RECIPIENT on the basis of race, color,
national origin, age, sex, or handicap."
M. Compliance with.Workers' Compensation. The Recipient shall require
that the contractor, its subcontractors, if any, and all employers working under this
Cooperative 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.
N. Suits Resulting from this Agreement. To the full extent permitted by
Article XI, Section 7 of the Oregon Constitution and by the Oregon Tort Claims Act, the
Recipient agrees to defend, save, and hold harmless the State of Oregon and the
Department, its officers, agents, employees, and members, from all claims, suits, or actions
of whatsoever nature resulting from or arising out of the activities of the Recipient, the
Recipient's contractors, subcontractors, and the Recipient's agents and employees under
this Agreement.
O. Attorney Fees. In the event a lawsuit of any kind is instituted by either
party to obtain performance of any kind under this Agreement, the prevailing,party may
collect additional sums as the court may adjudge for reasonable attorney fees and all costs
and disbursements incurred therein.
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P. Payments by the Recipient. The Recipient agrees to:
1. Make payment promptly as due to all persons
supplying labor or materials for the project; and
2. Pay all contributions or amounts due to the
State Industrial Accident Fund on behalf of
the Recipient or any of its contractors for
liability incurred in the performance of this
Agreement; and
3. Not permit any lien or claim to be filed or
prosecuted against the State of Oregon, the
Department, or the Recipient on account of
any labor or material furnished for the
project.
VII. OTHER PROVISIONS
Other provisions of this Agreement include: Total Estimated Project Cost is
$17,700.
VIII. BINDING AGREEMENT
The provisions of this Agreement shall be binding upon and shall inure to the
benefits of the Department and the Recipient and the respective successors and assigns
IX. SEVERABILITY
Department and the Recipient agree that if any term or provision of this
Agreement is declared by a court of competent jurisdiction to be 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 of provision held to be invalid.
X. FAILURE TO ENFORCE
The failure of the State of Oregon to enforce any provision of this Agreement shall
not constitute a waiver by the State of Oregon of that provision or any other provision.
XI. WAIVER OF TERMS
The terms of this Agreement shall not be waived, altered, modified, supplemented
or amended, in any manner whatsoever, except by written instrument signed by both the
Department and the Recipient.
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XII. MERGER CLAUSE
THISAGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN
THE DEPARTMENT AND THE RECIPIENT. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS THIS AGREEMENT SHALL BIND EITHER
PARTY UNLESS INWRITING AND SIGNED BY BOTH THE DEPARTMENT AND THE
RECIPIENT. SUCH WAIVER,;CONSENT , MODIFICATION OR CHANGE,IF MADE,
SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC
PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING
THIS AGREEMENT. THE RECIPIENT, BY THE SIGNATURE BELOW OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT THE
RECIPIENT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO
BE BOUND BY ITSTERMS AND CONDITIONS.
STATE OF OREGON: RECIPIENT:
Department of Fish and Wildlife .City of Tigard
B �4� -�/
y: By.
Title: Title:
Richard Coresm
Date: Assistmt Director Date:
bt of Fish and Wll h
Address: Ria/4A Sr - J*w Address: f /aS- 5 )
P. o . 8ox 59
for-"and, o ie q 7AO 7
Telephone:oZ;tq-5410 X jco8' Telephone: 5p3 --(=,39- 41/7/
FAX: 17 4 FAX: X03— 4=;,S q — 7S go
Fed. Employer ID #
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