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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 2138258.1 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 2139753.2 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 2139753.2 Fountain Hills TPS AMD 2013-14