HomeMy WebLinkAboutRes 2014-16RESOLUTION NO.2014-16
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,ARIZONA,APPROVING THE FIRST AMENDMENT TO
THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC
TRANSPORTATION AUTHORITY RELATING TO THE TRANSIT PLANNING
STUDY.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1.TheFirst Amendment tothe Intergovernmental Agreement between the
Town of Fountain Hills (the "Town")and the Regional Public Transportation Authority relating
tothe Transit Planning Study (the "First Amendment")is hereby approved in substantially the
formattachedheretoasExhibitAandincorporatedhereinbyreference
SECTION 2.The Mayor,theTown Manager,theTownClerkandtheTown Attorney
are hereby authorized and directed to cause the execution of theFirst Amendment andto take all
steps necessary to carry outthe purpose and intent of this Resolution.
PASSED AND ADOPTED bytheMayorandCouncil of theTown of FountainHills,
Arizona,April3,2014.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
Linda M.Kavanagh,Mayor 0 Bevelyn J.Be
REVIEWED BY:APPROVED AS TO FORM:
Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney
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21382S8.1
EXHIBIT A
TO
RESOLUTION NO.2014-16
[First Amendment]
See following pages.
FIRST AMENDMENT
TO
TRANSIT PLANNING STUDY
BETWEEN
TOWN OF FOUNTAIN HILLS
AND
REGIONAL PUBLIC TRANSPORTATION AUTHORITY
Contract #124-70-2013
RECITALS
pUS FIRST AMENDMENT TO TRANSIT PLANNING STUDY (this "First Amendment")is
entered into as of April 3,2014,between the Town of Fountain Hills,an Arizona municipal corporation
(the "Town")and the Regional Public Transportation Authority of Maricopa County,an Arizona public
agency ("RPTA").
A.The Town and RPTA entered into that certain Transit Planning Study,Contract #124-70-
2013,dated December 20,2012 (the "Agreement")for RPTA to provide transportation planning services
(the"Services").
B.The Town and RPTA have determined that additional time is necessary for RPTA to
complete theServices.
C.TheTownandRPTA desire to enter intothis First Amendmenttoextendthe term ofthe
Agreement to provide for the completion ofthe Services.
AGREEMENT
NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated herein
by reference,the following mutual covenants and conditions,and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the Town and RPTA
herebyagreeasfollows:
1.Term.The term ofthe Agreement is hereby extended and shall remain in full force and
effect until June 30,2014,unless terminated as otherwise provided pursuant to the terms and conditions
ofthe Agreement.
2.Effect ofAmendment.Inall other respects,the Agreement is affirmed and ratified and,
exceptasexpresslymodified herein,allterms and conditions ofthe Agreement shall remain in fiill force
and effect.
3.Non-Default.By executing this First Amendment,RPTA affirmatively asserts that (i)
theTownisnot currently in default,norhas beenin default atanytime prior tothis First Amendment
under any ofthetermsor conditions oftheAgreementand(ii)anyandall claims,known and unknown,
relating totheAgreementandexistingonorbeforethedate of this First Amendment are forever
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Fountain Hills TPS AMD 2013-14 1
waived.
4.Conflict of Interest.This First Amendment and the Agreement may be canceled by the
partiespursuantto Ariz.Rev.Stat.§38-511.
INWITNESSWHEREOF,thepartiesheretohaveexecutedthisFirstAmendmentas of the
dateandyearfirstsetforthabove.
'Town"
TOWN OF FOUNTAIN HILLS,a
municipal corporation,
By:
Mayor
ATTEST:
By:/ttuA/Q&sdju
Bevelyn^Betfder
Town Clerk
RPTA"
Regional Public Transportation Authority,
anArizonapublicagency
By:
StepJ»en R.Banta'
Chief Executive Officer
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of A.R.S.Section 11-952(D),each of the undersigned attorneys
acknowledge that:(1)they have reviewed the above First Amendment on behalf of their respective
clients;and,(2)astotheir respective clientsonly,each attorney has determined thatthisFirst
Amendment isinproper form andiswithinthe powers and authority granted underthelawsofthe
State orArizona.
AndrewJ.McGuire,TownAttorney
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Fountain Hills TPS AMD 2013-14