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Fund Exchange Agreement Page 2 <br /> 10/9$/00 <br /> <br /> I <br /> 5. The parties agrce that the exchange is subject to the following conditions: <br /> A. The Federal Funds transferred to State may be used by State at its <br /> discretion. <br /> i <br /> B. State dollars transferred to Agency must be used for the project named in <br /> Terms of Agreement, Item 1, Page 1, of this agreement. This fund <br /> exchange is to provide funding for specific roadway projects and is not <br /> intended for maintenance. <br /> C. State funds may be used for all. phases of the project, including <br /> ~ prelirfimary engineering, right of way, utility relocations and construction. <br /> Said use shall be consistent with the Oregon Constitution and statutes <br /> (Section 3a of Article IX Oregon Constitution}. Agency shall be <br /> responsible for accounting for expenditure of State Funds. <br /> . D.. This Fund Exchange shall be on a reimbursement basis, with State funds <br /> limited to a maximum amount of $1,175,417. All costs incurred in excess <br /> of the fund exchange amount will be the sole responsibility of Agency. <br /> E. State certifies at the time this agreement is written that sufficient funds <br /> are available and authorized for expenditure to finance costs of this <br /> agreement within State's current appropriation or limitation. Funds <br /> available for reimbursement on, or after July 1, 199.9 are contingent upon <br /> the legislatively approved budget of State. <br /> F. Agency shall be responsible for all costs and expenses related to its <br /> employment of individuals to perform the work under this agreement, <br /> including but not limited to retirement contrib ' <br /> utions, workers <br /> compensation, unemployment taxes, and State and Federal income tax <br /> withholding. <br /> G. Agency shall comply with all federal, state, and local laws, regulations, <br /> executive orders and ordinances applicable to the work under this <br /> agreement, including, without limitation, the provisions of ORS 279.312, <br /> 279.314, 279.316, 279.320 and 279.555, which .hereby are incorporated <br /> by reference. Without limiting the generality of the foregoing, Agency <br /> expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) <br /> Section V of the Rehabilitation Act of 1973; (iii) the Americans with <br /> Disabilities Act of 1990 and .ORS 659.425; (iv) all regulations and <br /> administrative rules established pursuant to the foregoing laws; and (v) <br /> _ _ <br /> <br />