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Fund Exchange Agreement Page 2 <br /> 03/17/03 <br /> 4. The term of this agreement shall begin on the date all required signatures are <br /> obtained and shall terminate within two calendar years following that date, unless <br /> otherwise extended or renewed by formal agreement of the parties. <br /> 5. The parties agree that the exchange is subject to the following conditions: <br /> A. The Federal Funds transferred to State may be used by State at its discretion. <br /> B. State dollars transferred to Agency must be used for the project named in Terms <br /> of Agreement, Item 1, Page 1, of this agreement. This fund exchange is to <br /> provide funding for specific roadway projects and is not intended for <br /> maintenance. <br /> C. State funds may be used for all phases of the project, including preliminary <br /> engineering, right of way, utility relocations and construction. Said use shall be <br /> consistent with the Oregon Constitution and statutes (Section 3a of Article IX <br /> Oregon Constitution). Agency shall be responsible for accounting for <br /> expenditure of State funds. <br /> D. This Fund Exchange shall be on a reimbursement basis, with State funds limited <br /> to a maximum amount of $1,175,417. All costs incurred in excess of the fund <br /> exchange amount will be the sole responsibility of Agency. <br /> E. State certifies at the time this agreement is written that sufficient funds are <br /> available and authorized for expenditure to finance costs of this agreement <br /> within State's current appropriation or limitation. Funds available for <br /> reimbursement on or after July 1, 1999 are. contingent upon the legislatively <br /> approved budget of State. <br /> F. Agency shall be responsible for all costs and expenses related to its employment <br /> of individuals to perform the work under this agreement, including but not limited <br /> to retirement contributions, workers' compensation, unemployment taxes, and <br /> State and Federal income tax withholding. <br /> G. Agency shall comply with all federal, state, and local laws, regulations, executive <br /> orders and ordinances applicable to the work under this agreement, including, <br /> without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320 <br /> and 279.555, which hereby are incorporated by reference. Without limiting the <br /> generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of <br /> Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the <br /> Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations <br /> <br /> _ and administrative rules established pursuant to the foregoing laws; and (v) all <br /> <br />