Oregon - Pinebrook Interceptor Sewer Funds Contract No. WPL-ORE-236 �, .. ..XXX.../
A G R E E M E N T
State of Oregon
Municipal Sewage Treatment Works Grant
THIS AGREEMENT made and .entered into by and between the STATE OF
OREGON, by and through it's State Sanitary Authority, hereinafter referred
- to as "Authority", and _City,. Tigarda municipality
within the definition of Chapter 423, Oregon Laws 1967, hereinafter called
"Municipality";
1. Location 'of Project (city, county, state)°
2. Federal Grant Project No. yi1P�p�a_2
3. Legal name and address of Municipality. .
City of Tigard, City Hall
12420S. W. Main Street
Tigard, Oregon 97223
4. Project financing under terms of this contract.
a. Total estimated project cost.
$72.556.50
. b. . . Estimated project cost eligible for state partidipation.
$68,o4.4.50
c. Amount of state grant (based upon twenty-five (25%) per cent
(b) above).
$17,011.00
5. General description of Project:
Pinebrook Interceptor
6. Final plans and specifications approvedby the Authority (as referred
to herein) stamped approved and dated 18 day of July
WHEREAS, pursuant to Chapter 423, Oregon Laws 1967, the Authority and
municipalities (as defined in said Act) are authorized upon conditions in
said Act imposed, to enter mutually into agreements concerning the making
of State grants to such municipalities to assist in the construction of
eligible sewage treatment works projects; and
WHEREAS, with respect to the Project described in (1) through (5)
above, the Authority has determined that a) the project is an eligible
project as defined in said 1967 Act:, _b) the project is. now entitled to
grant assistance according to the priority as previously assigned by the
Authority and c) the project is entitled to twenty-five. (25%) per cent
grant assistance payments based upon estimated reasonable costs of the
project in that water quality standards have been established for the
waters into which the project discharges and such twenty-five (25%) per
cent assistance will result in a Federal grant of not less than fifty (50%)
per cent of the estimated-reasonable cost of the project.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
set forth, the Municipality'and .the Authority agree as follows:
1. The. Authority shall'. make a State grant to the Municipality in the
amount described above, in order to assist the municipality in the
construction in accordance with the final plans and specifications
approved by the Authority, of the sewage treatment works project de-
scribed above provided, however, that in the event the actual project
cost eligible for state participation upon completion of construction
is less than the estimated reasonable project cost eligible for state
participation, upon which basis the within grant is- made, the actual
cost will be used to determine the amount of State grant and the grant
shall be reduced _td. an amount equal to twenty-five (25%) per cent of
the actual project cost eligible for state participation. It is under-
stood by.'the.parties .hereto-that where the actual project cost eligible.
for state participation exceeds the estimated reasonable project cost
eligible for state participation, the Authority shall not be obligated,
to pay to the Municipality any amount in excess of twenty-five (25%)
per cent- of such estimated reasonable cost as herein agreed upon; pro-
vided, that by separate agreement, the Authority may, when funds allow,
authorize such additional payment.
2. Payments of grant funds will be made contemporaneously with payments
by the Federal Water Pollution Control Administration of Federal grant
funds. Request for payment shall be made by the. Municipality upon
forms supplied by the Authority. In. the event the Municipality fails
to comply with any of the items agreed upon in Section 3 following, the
Authority may upon reasonable notice withhold, in whole or in part,
further payments to the Municipality pending compliance.
3. The Municipality agrees:
a. To proceed expeditiously with and complete the project or cause
it to be completed in accordance with the final plans and
specifications for the project approved by the Authority;
-2-
b. To commence operation of the sewage treatment works facility on
completion of the project and not to discontinue operation or
dispose of the sewage treatment works facility without the
approval of the Authority;
c. To operate and maintain the sewage treatment works facilityin
accordance with applicable provisions ofORSChapter 449, and
the rules ,and regulations of the Authority;
d: In order that the Authority may determine that such Federal
assistance received or to be received for all projects in Oregon
is maximized, to secure approval of the Authority before here-
after applying for Federal assistance for pollution abatement;
e. To provide for the payment of the Municipality's share of the
cost of the project;
f. To comply with all conditions and assurances of Part A of the
Offer and Acceptance of Federal Grant for Sewage Treatment ,Works,
a copy of which consisting of three (3) pages is attached hereto,
marked Exhibit "A", and by this reference made a part hereof;
g. To submit to the Authority for prior approval any change or changes
in the construction contract which make any alteration in the
work required by the approved plans and specifications, or which
raise the cost of the project above the latest estimate approved
by the Authority;
h. To maintain adequate accounting and fiscal records which fully
disclose the amount, receipt, and disposition of the..grant
assistance, provided, .the total cost of the project .in .connection
with which. the grant has been made , the amount and identification.
of .that portion of the cost of,-the project supplied from other
sources, and such other records as the Authority or the State
of Oregon may prescribe to facilitate an effective audit;
i. To expend the funds granted pursuant to Chapter 423, Oregon,
Laws 1967, solely for carrying out the project herein described
and approved;
J. To give access to. the Authority, the Department, of. Finance and
the Secretary of State of the State of Oregon or their duly
authorized representative for the purpose of audit and examina-
tion to any books, documents, papers, and records of the Municipality
that. are pertinent to grants received under said Chapter 423 and
to submit to the Authority, the Department of Finance or the
Secretary of State of the State of Oregon such documents and in-
formation as they may require in connection with the project;
k. To permit the Authority or its authorized agents to have access
to the project and the records pertaining to its operation at any
reasonable time following completion of construction for the
purpose of inspecting the operation and maintenance of the project.
-3-
A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
this --�— day of Fe h Y'L GI
APPROVED AS TO FORM:
4sistant Attorney eneral
STATE OF OREGON, by and through
its State Sanitary Authority
By
Secretary
Approved by .the State Sanitary Authority .
28 day of June , 19 68
City-of Tigard
by and through its 'M�Yor
By.
Representativ
Attached is:' a CERTIFIED COPY of the
aboverepresentative's authorization
by the Municipality's -governing body.
-4-
RESOLUTION 69 - 1
Resolved that the City Council of Tigard does hereby authorize
and direct E. G. Kyle, Mayor of the City of Tigard to act for
and on behalf of the City to accept a State Grant in the sum of
$17,011.00 for the construction of the Pinebrook Interceptor Sewer
and the Mayor of the City be and he is hereby authorized to execute
on behalf of the City and to bind the City to the provisions of
that certain agreement tendered by the Oregon State Sanitary Authority
with respect to Federal Grant Project No. WPL-ORE-236 .
Dated at Tigard Oregon
this 27th day of January 1969
V
Mayor - City of Tigard
ATTEST
City Recorder - City q i.gard
i/
Resolution No. 69-1
a'
I, DORIS HARTIG, hereby certify that I am the duly appointed,
qualified, and acting Recorder for the City of Tigard, Oregon.
I further certify that I have compared the herewith copy of
Resolution 69-1 with the original in my possession as custodian
of the official records of the City of Tigard, and that the
herewith copy is a true and complete cops thereof.
IN WITNESS WHEREOF I have hereunto set my hand and seal of the
City of Tigard this 30th day of January 1969.
9
Citt
Recordety ;
W iter Foll':tion Control
Oie•,on :tate Board of Health
D
FEB 319069
_____DNF____TEMP____PERM