State of Oregon Parks & recreation - Land and Water Conservation Fund STATE-LOCAL AGREEMENT
LAND AND WATER CONSERVATION FUND
This agreement, made and entered into this 21st day of August 2002 by
and between the STATE OF OREGON, by and through its Parks and Recreation
Department, hereinafter called "State," and City of Tigard, a Municipal Corporation of the
State of Oregon, by and through its City Council, hereinafter called "Sponsor;"
WiifTNESSETH:
WHEREAS, Sponsor proposes to undertake the following outdoor recreation project:
Woodard Park Picnic Shelter, OP 2427, in Washington County, Oregon, hereinafter
called the "project: and to that end, proposes to perform work and/or require land as set out
and described below:
Purchase and installation of picnic shelter, picnic tables, pathways, water fountain
and potable water line.
WHEREAS, federal matching funds for acquisition and development of outdoor
recreation areas are available under the Land and Water Conservation Fund Act of 1965; 78
Stat. 897 (1964), as administered by the Department of the Interior; and
WHEREAS, it is the intent of the parties hereto that Sponsor acquire land and/or
perform the development work, as set out above in accordance with,the Land and Water
Conservation Fund Act of 1965, other applicable federal and state statutes, and the
requirements of the Department of the Interior; and that State apply to the Department of the
Interior for funds with which to reimburse the state for administration costs (2.9% of total
project cost), and to reimburse Sponsor for up to 50 percent (50%), less the state
administrative charge, of sponsor's costs in acquiring such land and/or performing such
work.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals,
it is agreed by and between the parties hereto as follows:
1. The State hereby approves the project proposal and authorizes Sponsor to acquire
land and/or perform the work of the project in accordance with the above description.
As hereinafter used, "work .of the project" shall include both acquisition of land for
and development work of the project, and "cost of the project" shall include both costs
of acquisition of land for and development work of the project, if such is required.
2. The estimated total cost of the project is $45,000.00 sponsor shall in the first
instance; pay all the costs of the project and then request reimbursement upon
completion of the project. State shall pay sponsor no more than $20,391.00 for
reimbursement and State shall retain no more than $609.00 for State administration
expenses. In no event shall the sum of the payment to Sponsor and the State
administration retention exceed fifty percent (50%) of the total actual cost of the
project. In the event the actual total cost of the project is less than the estimated total
cost set forth above, State's administrative retention shall not exceed 2.9 percent of
the total project cost. The Sponsor for work done at the time of billing may submit
partial payment request. Final payment will be made upon completion of the project
and audit by State of Sponsor's records pertaining to the project. The administrative
charge shall be reflected on all billings.
3. Upon completion of the project, Sponsor shall be responsible for the operation and
maintenance of said facility for public outdoor recreation in the manner and according
to the standards set forth in the Department of the Interior Manual.
4. It is understood by the parties hereto that no funds of State are, under this
agreement, except as covered by a separate agreement, committed to payment of
any costs of the project, and that obligations imposed upon State to apply for federal
funds as well as the right of Sponsor to receive any reimbursement for any costs of
the project shall extend only to those portions of the project, including the estimated
costs thereof, approved by the Department.of the Interior. Furthermore, if Sponsor
fails to perform any of the work of the project and such failure, because of
commitments made by State to the Department of the Interior, forces State to
perform any work necessary to bring the project to a useful state of completion (as
determined by State and the Department of the Interior), Sponsor shall reimburse
State for all State's costs in performing such necessary completion work, less any
federal funds received by State for such work.
5. Sponsor hereby agrees to comply at all times with the LAND AND WATER
CONSERVATION FUND PROJECT AGREEMENT (the Federal Project.Agreement),
General Provisions attached hereto marked "Exhibit A" and by this reference made a
part hereof, in accordance with paragraph E of part I (Definitions) of Exhibit A.
Sponsor hereby undertakes separately to perform its obligations set forth in said
Federal Project Agreement. The benefit to be derived from the full compliance by the
Sponsor with the terms of this agreement is the preservation, protection, and the net
increase in the quantity and quality of public outdoor recreation facilities and
resources which are available to the people of the State and of the United States, and
because such benefit exceeds to an immeasurable and unascertainable extent the
amount of money and other assistance fumished under the terms of this agreement,
the Sponsor agrees that payment by the Sponsor to the State of an amount equal to
the value of any assistant extended under this agreement would be inadequate
compensation to State for any breach by the Sponsor of this agreement. The
Sponsor further agrees, therefore, that the appropriate remedy for State in the event
of a breach by the Sponsor of this agreement shall be the specific performance of the
agreement.
6. Sponsor shall complete the work of the project by December 31, 2003.
7. Provisions of State law applicable to this agreement are hereby incorporated.
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8: Sponsor shall sign this agreement during a duly authorized session of its City
Council.
9. Sponsor shall comply with and are subject to the requirements of the Office of
Management and Budget Circular A-128, which implements the Single Audit Act of
1984 (P.L. 98-502). Title 49 CFR Part 90.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as
of the day and year first above mentioned.
APPROVED AS TO FORM STATE OF OREGON, by and through its
Parks and Recreation Department
BY
Assistant Attorney General 41 ;4��.4444-
Authorized
Representative of Oregon
Parks and Recreation'Department
ATTEST:
SPONSOR: City of Tigard
Authorized Signature/Title
by and through its City Council
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