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City of Eugene/ODOT <br /> Agreement No. 25723 , <br /> 17. State may conduct periodic inspections during the life of Agency Certification Projects <br /> to verify that Project is being properly maintained and continues to serve the purpose <br /> for which federal funds were provided. <br /> 18. State may terminate this Agreement .effective upon delivery of written notice to <br /> Agency, or at such later date as may be established by State, under any of the <br /> following conditions: <br /> a. If Agency fails to provide services called for by this .Agreement within the time <br /> specified herein or any extension thereof. <br /> b. If Agency fails to perform any of the other provisions of this Agreement, or so fails <br /> to pursue the work as to endanger performance of this Agreement in accordance <br /> . with its terms, and after receipt of written notice from State fails to correct such <br /> failures within ten (10) days or such longer period as State may authorize. <br /> c. If Agency fails to provide payment of its share of the cost of the Project. <br /> d. If State fails to receive funding, appropriations, limitations or other expenditure <br /> authority sufficient to allow State, in the exercise.of its reasonable administrative <br /> discretion, to continue to make payments for performance of this Agreement. <br /> e. If federal or state laws, regulations or guidelines are modified or interpreted in <br /> such a way that either the work under this Agreement is prohibited or if State is <br /> prohibited from paying for such work from the planned funding source. <br /> 19. Because of the ARRA funding requirements, Agency must advance the Project for <br /> obligation of funds prior to March 1, 2010; and State must make a determination no <br /> later than December 31, 2009 whether this date will be met. Therefore, if Agency has <br /> not submitted the Project's "Plans, Specifications and Estimates" (PS&E) package to <br /> State's Region office by December 31, 2009, the Project will be reviewed by State, in <br /> coordination with the Oregon Local Program Committee. If State determines that the <br /> ARRA funds will not be, or are unlikely to be, obligated for construction prior to March <br /> 1, 2010, State may terming#e this Agreement effective upon delivery of written notice <br /> to Agency, allowing the funds to be distributed to another project at State's discretion; <br /> and State shall have no obligation to replace the ARRA funds with other state or <br /> federal funds. <br /> <br /> 20:Agency shall report to State the required reporting data by federal and state mandates <br /> for delivery of the ARRA program. State shall inform the Agency of the reporting <br /> requirements once they have been received from FHWA and the Department of <br /> Administrative Services and such .requirements shall be made a part of this <br /> Agreement. Agency is also subject to other requirements for use of ARRA, including <br /> <br />