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Home My WebLink AboutRes 2010-31RESOLUTION NO. 2010 -31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA RELATING TO SHEA BOULEVARD IMPROVEMENTS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION L Amendment No. One to Intergovernmental Agreement between the Town of Fountain Hills and the State of Arizona relating to Shea Boulevard improvements, AG Contract No. P001- 2009 - 003346 (the "Amendment ") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 19, 2010. FOR THE TOWN OF FOUNTAIN HILLS: Tdc- . Schlum, Mayor REVIEWED BY: 9( / w Richard L. Davis, Town Manager 1324862.1 ATTESTED TO: APPROVED AS TO FORM: ('10, Mdrew J.J. McGuire, Town Attorney EXHIBIT A TO RESOLUTION NO. 2010-31 [Amendment No. One to Intergovernmental Agreement] See following pages. 1324862.1 ADOT File No.: IGA/JPA 09 -052I AG Contract No.: P001- 2009 - 003346 Amendment No. One Project No.: ARRA- FTH- 0(203)A Project: Roadway Widening Section: Shea Blvd.- Palisades Blvd TIP ITEM No.: FTH07 -301 TRACS No.: SS646 01C Budget Source Item No.: ARRA AMENDMENT NO.ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF FOUNTAIN HILLS THIS AGREEMENT is entered into this date September 16 , 2010, as Amendment No. One, amending IGA/JPA 09 -052 I, A.G. Contract No. P001- 2009 - 003346, filed with the Secretary of State under No. 31255 and executed November 201h 2009, pursuant to the Arizona Revised Statutes § 11 -951 through 11 -954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State ") and the TOWN OF FOUNTAIN HILLS, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The State and the Town are collectively referred to as "Parties ". I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes § 48 -572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. Section I, Paragraph 7 of the original agreement is amended as follows: The Project costs are amended as follows: TRACS No. SS646 01 C Federal STP Funds Local Funds (5.7 %) $1,897,559.00 $ 114.700.00 *TOTAL Project Costs $ 2,012,259.00 *(Includes CE and project contingencies) Page 2 IGA/JPA 09 -0521 Amendment No. One a. Consistent with terms of the original Agreement, ADOT invoiced the Town In the amount of $131,000.00 and payment in that amount has been received from the Town. Under the amended terms, the Town has In effect made an overpayment to ADOT in the amount of $16,300.00 (the difference between $131,000.00 and $114,700.00). Accordingly, upon finalization of Project costs, the State will either Invoice or reimburse the Town for the difference between estimated and actual costs. THEREFORE, in consideration of the mutual Agreements expressed herein, all ARRA funding for this Project has been eliminated and replaced with Federal STP funds, and the Parties agree to amend the original Agreement as hereby described above. 111. MISCELLANEOUS PROVISIONS 1. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation Town of Fountain Hills Joint Project Administration Attn: Randy Harrel, PE, L.S 205S. 17 "' Avenue, Mail Drop 637E 16705 E. Avenue of the Fountains Phoenix, Arizona 85007 Fountain Hills, Arizona 85268 (602) 712 -7124 (480) 816 -1404 (602) 712 -3132 Fax (480) 837 -3145 Fax 2. This Amendment shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. PURSUANT TO ARIZONA REVISED STATUTES§ 11 -952 (D), attached hereto and Incorporated herein, is the written determination of each party's legal counsel that the parties are authorized under the laws of this Stale to enter into this Agreement and that the Agreement is in proper form. EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the original Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF FOUNTAIN HILLS By Y T. SCHLUM ayor ATTESSTTT::r By BEV BENDER Town Clerk STATE OF ARIZONA Department of Transspportation By l r� SAM MAROUFKH I, P.E. Deputy State Engin er, Development IGA/JPA 09 -0521 Amendment No. One ATTORNEY APPROVAL FORM FOR THE TOWN OF FOUNTAIN HILLS I have reviewed the above referenced Intergovernmental Agreement between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF FOUNTAIN HILLS, acting by and through its TOWN COUNCIL, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11 -951 through § 11 -954 and declare this Agreement to be in proper form and within the powers and authority granted to the TOWN OF FOUNTAIN HILLS under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this I ` day of 2010. - 0&0., Town Attorney CIVIL DIVISION TRANSPORTATION SECTION OFFICE OF THE ATTORNEY GENERAL Wri602.542.885 Line: TERRY GODDARD 802.542.8885 STATE OF ARIZONA Attorney General -maFacsimile: Su1an Da? F. I� gov INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P0012009003346 (IGAMPA 09- 052 -I, Amendment No. One), an Agreement between public agencies, i.e., The State of Arizona and The Town of Fountain Hills has been reviewed pursuant to A.R.S. § 11 -952, as amended, by the Undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATED: September 16, 2010 TERRY GODDARD Attorney General L� f SUSAN E. DAVIS Assistant Attorney General Transportation Section SED:In: #1072677 Attachment 1275 West Washington, Phoenix, Arizona 85007 -2926 • Phone 602- 542 -1680 • Fax 602 - 542 -3646