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HomeMy WebLinkAbout2003-182 Agrmt Amendment-JCPSACITY RECORDER'S COPY AMENDMENT This Amendment is made and effective as of the date of the last signature hereon, by and ~lmong the parties, the City of Medford, Oregon (Medford), the City of Ashland, Oregon (Asl~l~mcl), Jackson County, Oregon (Jackson County) and Southern Oregon Regional Communications, an ORS 190 Intergovernmental Agency (SORC) and the parties agree as follows: RECITALS WHEREAS, the parties to this Amendment are the parties to the Amended Joint Agency Agreement, Jackson County Public Safety Agencies Public Communications Services (JCPSA Agreement, with an effective date of November 18, 1998 which agreement is incorporated by thi~ rcl'crence herein; and WHEREAS, the parties have reached certain understandings as to the handling of one of the joint agency accounts held pursuant to the JCPSA Agreement, the Technical Replacement Fund (TRF), notwithstanding the language of the JCPSA Agreement as written; and WHEREAS, the parties desire to reduce their agreement to writing; NOW THEREFORE, the parties agree as follows: 1. Declaration of TRF Excess Revenues The parties declare that all monies held in the TRF over the sum of Two Hundred Fifty Thousand Dollars and No/Cents ($250,000.00) as of June 30 of any given year shall be considered as excess revenues. Medford will make the determination as to whether there are excess revenues in the TRF as of June 30 in any given year within fifteen (15) business days after June 30 :md will innnediately notify the parties in writing of the existence and total amount of the excess re ve~t~cs ~:md the pro rata share of the excess TRF revenues available to each party. 2. Request for TRF Excess Revenue Disbursement. Should any party desire that its share of the TRF excess revenues be disbursed to that party, its authorized representative shall make such party's request in writing of Medford via the CAD Systems Manager or designee and deliver, by mail or otherwise, its request to the CAD Systems Manager, no later than September 1, or if that date falls on a weekend or holiday, by the ~c×t bt~.~iness day thereafter. Failure of a party to make a timely request shall be conclusive incli,:~;,. ,)~ o r' sueh party' s intent to allow its pro rata share of TRF excess revenues to remain in the TRF for the entirety of the fiscal year. 3. Disbursement of Pro Rata Share. Upon receipt of a request for disbursement of a party's pro rata share of the excess AMENDMENT- 1 TRF revenues, Medford shall cause prompt reimbursement to be made to the requesting party, but in any event within thirty (30) calendar days of its receipt of the request or, in the event the thirtieth day Calls on a weekend or holiday, by the next business day following. Time is of the essence. 4. Conflict with JCPSA Agreement. To the extent that the terms of this Amendment may conflict with or contradict the JCPSA Agreement, the parties agree that this Amendment shall control and supersede the JCPSA Agreement. In all other respects, however, the JCPSA Agreement is deemed to be in full force and effect and unaffected hereby. SIGNATURES: CiTY OF MEDFORD JACKSON COUNTY MAYOR t~CT! ~ G DATE JACKSON COUNTY ADMINISTRATOR DATE Approved as to form: Approved as to form: DATE JA~K~OI(I COUNTY COUNSEL CITY OF ASHLAND CITY RtBMIlqI STRATOR DATE SOUTHERN OREGON REGIONAL COMMUNICATIONS SORC COUlq:CIL CHAIR DATE Approved as to form: CITY ATTORNEY Approved as to form: D~' SORC COUNSEL DATE AMENDMENT - 2