HomeMy WebLinkAboutDoc 256 - Amend STP Funding AgrmtDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 2, 2012
DATE: April 24, 2012
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2012-256, Amendment No.1 to the 2011 Fund
Exchange Agreement No. 27356 addressing ODOT's and Deschutes County's responsibilities
concerning the exchange of Surface Transportation Program (STP) funds for State funds.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
On March 24,2011, the Board of County Commissioners signed the 2011 Fund Exchange Agreement
No. 27356 addressing ODOT's and Deschutes County's responsibilities concerning the exchange of
Surface Transportation Program (STP) funds for State funds. The original agreement allowed for the
exchange of$536,959 federal funds for $500,041 State funds. In 2009 and 2010, the State, at the
request of the County, held on to the federal funds available to the County through the STP exchange
program with the intention that these federal funds would be used towards the construction of 19th
Street from Redmond to Deschutes Junction.
The two-year amount of federal funding available equaled $903,309. The State Land Use Board of
Appeals (LUBA) remanded the County's approval of 19 th Street, citing there was no demonstrated
failure of US 97 that would be offset by the creation of 19th Street and the Board chose to abide by I
LUBA's decision and cancelled the project. This left the federal funds held for 19 th Street ($903,309)
available to the Road Department to exchange for state funds, which can then be used for
reimbursement of County dollars spent on road projects. IDuring discussions with ODOT staff, it was determined that Agreement No. 27356 could be amended
to allow the County to exchange these federal STP funds ($903,309) for State funds ($903,309 x 0.94
$849,110). This amendment increases the original amount of federal funds available in Agreement No.
27356 from $531,959 to $1,436,268, which will then be exchanged for $1,349,151 in state funding
(exchange rate of $.94 state for every $1 federal exchanged).
FISCAL IMPLICATIONS:
Deschutes County has received the original amount of $500,041 in State funds, which was applied to
the South County Full Depth Reclamation projects. Deschutes County will receive an additional
$849,110 in state funds to be used for reimbursement of County Road funds used on the South County
Full Depth Reclamation projects completed during the summer of 2011. This revenue and expenditure
appropriation is included in the proposed FY 2011-12 budget. As the intent of the original allocation
was to fund a capital project, the Department has proposed to allocate this revenue within a "Future CIP
Project" line item within the FY 12/13 budget.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board Signature on Document No. 2012-256, Amendment No.1 to the 2011 Fund
Exchange Agrement No. 27356 addressing ODOT's and Deschutes County's responsibilities concerning
the exchange of Surface Transportation Program (STP) funds for State funds.
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Original returned to Sheila OdIe (ext. 7148) at the Road Department for forwarding on to ODOT for
their signature.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: !April 24, 20121 Department: IRoadl
Contractor/Supplier/Consultant Name: 1000]
Contractor Contact: IDarrell Newtonl Contractor Phone #: 1541-388-62721
Type of Document: This is an amendment of an existing IGA (Agreement No. 27356)
between ODOT and Deschutes County.
Goods and/or Services: Provides for an increase of Surface Transportation Funds
(STP) available to the County for road maintenance projects through Agreement No.
27356
Background & History: On March 24, 2011, the Board of County Commissioners
signed the 2011 Fund Exchange Agreement No. 27356 addressing ODOT's and
Deschutes County's responsibilities concerning the exchange of Surface Transportation
Program (STP) funds for State funds. The original agreement allowed for the exchange
of $536,959 federal funds for $500,041 State funds. In 2009 and 2010, the State, at the
request of the County, held on to the federal funds available to the County through the
STP exchange program with the intention that these federal funds would be used
towards the construction of 19th Street from Redmond to Deschutes Junction. The two
year amount of federal funding available equaled $903,309.
The State Land Use Board of Appeals (LUBA) remanded the County's approval of 19th
Street, citing there was no demonstrated failure of US 97 that would be offset by the
creation of 19th Street and the Board chose to abide by LUBA's decision and cancelled
the project. This left the federal funds held for 19th Street ($903,309) available to the
Road Department to exchange for state funds which can then be used for
reimbursement of County dollars spent on road projects.
During discussions with ODOT staff, it was determined that Agreement No. 27356 could
be amended to allow the County to exchange these federal STP funds ($903,309) for
State funds ($903,309 x 0.94 =$849,110). This amendment increases the original
amount of federal funds available in Agreement No. 27356 from $531,959 to $1,436,268
which will then be exchanged for $1,349,151 in state funding (exchange rate of $.94
state for every $1 federal exchanged).
Annual Value or Total Payment: 1$1,349,1511
4/27/2012
o Insurance Certificate Recei i ed (CieCk box)
Insurance Expiration Date:
Check a" that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify see DCC §2 .37)
Funding Source: (Included in current budget? cg) Yes D No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes 0 No
Special conditions attached to this grant:
Deadlines for reporting to the grantor :
If a new FTE wi" be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this wi" be noted in the offer letter: DYes 0 No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: George Kolb Phone #: 541-322-7113
Department Director Approval: ___________
Signature Date
Distribution of Document: Original returned to Sheila Odie (ext. 7148) at the Road
Department for forwarding on to ODOT for their signature.
Official Review:
County Signature Required (check one): [l] BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-l)
Legal Review ~!c... LM Date C( -'27 -I 2.
Document Number DC 2 a12 -2 5 6
4 /27 /2012
Misc. Contracts and Agreements
No . 27356
AMENDMENT NUMBER 01
2011 FUND EXCHANGE AGREEMENT
Full Depth Reclamation Projects
Deschutes County
The State of Oregon, acting by and through its Department of Transportation,
hereinafter referred to as "State," and Deschutes County , acting by and through its
elected officials, hereinafter referred to as "Agency," entered into an Agreement on June
17, 2011. Said Agreement covers the full depth reclamation of LaPine State Recreation
Road from Highway 97 to 5th Street and South Century Drive from Spring River Road to
Maxwell Bridge .
It has now been determined by State and Agency that the Agreement referenced above
shall be amended to increase the Fund Exchange amount. Except as expressly
amended below , all other terms and conditions of the Agreement are still in full force
and effect.
TERMS OF AGREEMENT Paragraph 4 , Page 1 , which reads:
Based on this ratio , Agency wishes to trade $531,959 federal funds for $500,041 state
funds.
Shall be deleted in its entirety and replaced with the following:
Based on this ratio, Agency wishes to trade $1,435,268 federal funds for $1 ,349,151
state funds .
TERMS OF AGREEMENT Paragraph 6, subparagraph d, Page 2 , which reads:
This Fund Exchange shall be on a reimbursement basis , with state funds limited to a
maximum amount of $500,041. All cost incurred in the excess of the Fund Exchange
amount will be the sole responsibility of Agency .
Shall be deleted in its entirety and replaced with the following:
This Fund Exchange shall be on a reimbursement basis , with state funds limited to a
maximum amount of $1 ,349,151. All cost incurred in the excess of the Fund Exchange
amount will be the sole responsibility of Agency.
TERMS OF AGREEMENT Paragraph 6, subparagraph i , Page 3, which reads:
Agency shall submit invoices to State on a quarterly basis, for actual costs incurred by
Agency on behalf of the Project directly to State's Project manager for review and
approval. Such invoices will be in a form identifying the Project, the agreement number ,
the invoice number or account number or both, and will itemize all expenses for which
2012-256
Deschutes County/ODOT
Agreement No. 27356-1
reimbursement is claimed. Under no conditions shall State's obligations exceed
$500,041, including all expenses. Travel expenses will not be reimbursed.
Shall be deleted in its entirety and replaced with the following:
Agency shall submit invoices to State on a quarterly basis, for actual costs incurred by
Agency on behalf of the Project directly to State's Project manager for review and
approval. Such invoices will be in a form identifying the Project, the agreement number,
the invoice number or account number or both, and will itemize all expenses for which
reimbursement is claimed. Under no conditions shall State's obligations exceed
$1,349,151, including all expenses. Travel expenses will not be reimbursed.
The following Paragraph on page 5, which reads:
The Program and Funding Services Manager approved the Fund Exchange on March 4,
2011.
Shall be deleted in its entirety and replaced with the following:
The Program and Funding Services Manager approved the Fund Exchange on March 4,
2011 and the amendment to the Fund Exchange on March 27, 2012.
This Amendment may be executed in several counterparts (facsimile or otherwise) all of
which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Amendment so executed shall constitute an original.
THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing
representatives have read this Agreement, understand it, and agree to be bound by its
terms and conditions.
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Deschutes County/ODOT
Agreement No. 27356-1
DESCHUTES COUNTY, by and through
its elected officials
By __~____________________
County Commissioner
Date _____________________
By ________________________
County Commissioner
Date _____________________
By _______________________
County Commissioner
Date _____________________
APPROVED AS TO LEGAL
SUFFICIENCY
By _______________________
Agency Counsel
Date _____________________
Agency Contact:
George Kolb -County Engineer
6150 SE 27th St
Bend, OR 97702
(541) 388-6581
georgek@co.deschutes.or.us
State Contact:
Darrell Newton -Local Agency Liaison
63030 OB Riley Rd
Bend, OR 97701
(541) 388-6272
Darrell.r.newton@odot.state.or.us
STATE OF OREGON, by and through
its Department of Transportation
By _______________________
Highway Division Administrator
Date __________________
APPROVAL RECOMMENDED
By _______________________
Region 4 Manager
Date _____________________
APPROVED AS TO LEGAL
SUFFICIENCY
By_______________________
Assistant Attorney General
Date:
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