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:
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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.
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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.
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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
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Date 12- z- 07
Josephine County, by and through
its elected offi .
By
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APPROVED AS TO LEGAL
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APPROVED AS TO LEGAL
SUFFICIENCY
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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
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