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HomeMy WebLinkAbout2009-242 IGA - ARRA Fund Exchange ARRA FUND EXCHANGE AGREEMENT Josephine County and City of Ashland THIS AGREEMENT is made and entered into by and between Josephine County, acting by and through its elected officials, hereinafter referred to as "County"; and the City of Ashland, acting by and through its elected officials, hereinafter referred to as "City," hereinafter individually referred to as the "Party" and collectively referred to as the "Parties." . RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.010, County may enter into cooperative agreements with counties, cities .and units of' local governments for the performance of any or all functions and activities that a party to the agreement, its officers or agencies, have authority to perform on the terms and conditions mutually agreeable to the contracting parties_ NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. City has received a sub-allocation of American Recovery and Reinvestment Act (ARRA) funds, hereinafter referred to as the "ARRA". City has requested to Fund Exchange a portion of. this sub-allocation with County and in turn, shall receive County funds for use on a project or projects of their choosing. 2. County has considered City's request for the Fund Exchange and determined this to be mutually beneficial to both Parties. 3. City has requested County to exchange ARRA funds, which have been allocated to City, for County funds based on the following ratio: $94 County for $100 ARRA 4. City shall exchange a total of $22,183_71 in ARRA funds for County funds at the ratio defined above. County shall reimburse City with $20,852.69 of County funds upon release of said funds from County's ARRA proj~ct being administered through the Oregon Department of Transportation under the title of Old Hwy 99: MP 0.00 - 0_67 Overlay (Wolf Creek), key number 16481. 5. The term of this Agreement will begin upon execution and terminate upon completion of City's chosen project or projects. 6. The Parties agree that the exchange is subject to the following conditions: 1 a. The ARRA funds transferred to County shall be used on the Old Hwy 99: MP 0.00 - 0.67 Overlay (Wolf Creek) project, which is administered through the Oregon Department of Transportation under key number 16481. b. County dollars transferred to City must be used for a project or projects of the City's choosing. County dollars must be obligated by March 2, 2010. c. County funds may be used for all phases of'the project or projects, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution). City shall be responsible to account for expenditure of County funds. d. County certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within County's current appropriation or limitation of the current biennial budget. e. This Agreement may be terminated by either party upon thirty (30) days' notice, in writing and delivered by certified mail or in person. 1. County may terminate this Agreement effective upon delivery of written notice to City, or at such later date as may be established by County, under any of the following conditions: A If City fails to provide services called for by this Agreement within the time specified herein or any extension thereof. B. If City fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, . and after receipt .of written notice from County fails to correct such failures within ten (10) days or such longer period as County may authorize. 2. Either Party may terminate this Agreement effective upon delivery of written notice to the other Party, or at such later date as may be established by the terminating Party, under any of the following conditions: A If either Party fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow either Party, in the exercise of their reasonable administrative discretion, to make payments for performance of this Agreement. 2 B. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or either Party is prohibited from paying for such work from the planned funding source. 3. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. f. County and City hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 7. City and County certify and represent that the individuals signing this Agreement have been authorized to enter into and execute this Agreement on behalf of City and County, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind City and County. 8. This Agreement 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. Agreement so executed shall constitute an original. 9. This Agreement constitutes the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. 3 THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by its terms. City of Ashland,by and through its :~'~ Date 12- z- 07 Josephine County, by and through its elected offi . By ~ ~ - ~ ~ ..- Date By By Date Date By By Date Date APPROVED AS TO LEGAL :~~E~CfD JI ~ Counsel ~~ Date 12 ~ ) - 'DC) APPROVED AS TO LEGAL SUFFICIENCY By ~?" i:;)e ~ Counsel Date: , I - q - 01 City Contact: County Contact: Jim Olson City Engineer City of Ashland 51 Winburn Wa'y Ashland, OR 97520 (541 ) 488-5347 jimo@ashland.or.us Robert Brandes Public Works Director Josephine County 201 River Heights Way Grants Pass, OR 97527 (541) 474-5460 x4429 rbrandes@co.josephine.or.us 4