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Home My WebLink AboutRes 2003-63RESOLUTION NO.2003-63 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY TO PROVIDE SPECIAL TRANSPORTATION SERVICES FOR FY 2003 -2004. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1.That the Intergovernmental Agreement between the Town of Fountain Hills and Maricopa County to provide special transportation services for senior citizens and disabled individuals is hereby approved intheform attached hereto as Exhibit Aand incorporated herein by reference. SECTION 2.That the Mayor,the Town Manager,the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,October 16,2003. FOR THE TOWNOFFOUNTAIN HILLS:ATTESTED TO: }UJM W.J.NicKols,Mayoi feevelyn J.Be^nddK Town Clerk REVIEV^EDBY:APPROVED AS TO FORM: CSZ1 7T7Tim G.Pickering,Town Manager Andrew J.McGuire,Town Attorney 9196.001\Resolutions\2003-63 STS IGA res.doc 10-10-03 84/27/2034 83:30 6025065789 HJMAN SERV PAGE c^/.c c HOLD FOR PICK UP CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2003-1619761 11/25/03 4\o:*6 15OF15 CU1LIIM CAPTION HEADING:Intergovernmental Agreement between Maricopa County andthe Town of Fountain Hills for Special Transportation Services funding C-22-04-024-2 »'.!> DO NOT REMOVE This is part of the official document es/27/2034 B3:3e 60250587B5 h»MAN 5£^v PAGE INTERGOVERNMENTALAGREEMENT BETWEEN THE TOWN OF FOUNTAIN PULLS AND MARICOPA COUNTY FORSPECIAL TRANSPORTATION SERVICES THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement")is entered into as of October ,2003,between the Town of Fountain Hills,an Arizona municipal corporation (the -Town")and Maricopa County,a political subdivision of the State of Arizona (the "County").The Town and the County are sometimes referred to collectively in this Agreement asthe"Parties"andeachindividuallyasa"Party". A.The County provides special transportation services (the "Services")within the corporate boundaries of the Town.The Services include coordinated,free special transportation of elderly,low income and disabled residents for medical appointments,shopping,social service appointments,adult day care,recreational activities and employment as more particularly set forth in Exhibit A.attached hereto and incorporated herein by reference. B.TheTown desires to contract with the Countyto provide the Services to residents. C.The County and Town are authorized to enter into this Agreement pursuant to Abjz.Rev.Stat.§11-952. NOW,THEREFORE,in consideration ofthe mutual promises and covenants and promises set forth inthisAgreement,the parties hereby agree as follows: 1.Provision of Services.Subjecttothetermsandconditionssetforthinthis Agreement,the Parties agree theCountywillprovidetheServicestotheTown. 2.Administration.The County shall be responsible for administering the Services, free of chargeforqualifiedelderly,low-incomeanddisabledresidents of theTown. 3.Effective date.This Agreement shall become effective after itis (i)approved the governing bodies of both Parties,(ii)fullyexecutedbyboth Parties and(iii)filedintheofficeof theMaricopa County Recorder. 4.Term.This Agreement shall commence onOctober1,2003andshallremainin effectuntilJune 30,2004,unlessearliertenninatedbythe Parties.Suchterminationshalltake effect upon recordation of an instrument executed by both Parties. 5.Payment.TheParties expressly agreeandunderstandthatthetotalamounttobe paidbythe Town fortheServicesunderthis Agreement shallnot exceed $50,735.83. 6.General Compliance.TheCounty agrees tocomplywithall applicable federal, stateandlocallawsandregulationsgoverningthefundsprovidedunderthis Agreement. 84/27/2004 03:30 602506B789 HUMAN SERV ^3-?^f \i#j^,S XfoJMife^ to the Parties as if such severance and reformation were not required.The Parties further agree in such circumstances,to do all acts and to execute all amendments,instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement,as reformed. H-No Third Party Beneficiaries.No person or entity shall be a third party beneficiarytothis Agreement. 12.Integration.This Agreement constitutes the entire agreement between the Parties and supersedes any prior agreement,understanding,negotiation or representation regarding the subject matter of this Agreement.There are no representations,warranties,understandings or agreements other than those expressly set forth in this Agreement.The Parties expressly acknowledge and agree that any discussion outlines utilized during the course of negotiations do not constitute binding agreements of the Parties and shall not be utilized to interpret or construe any provision of this Agreement. 13.Further Assurances.Each Party agrees to perform such further acts and to execute and deliver such additional agreements,documents,acknowledgments and instruments as any other Party may reasonably require to consummate,evidence,confirm or carry out the transactions contemplated bythis Agreement. 14.Amendment.Theterms,conditionsand representations ofthe Parties contained in this Agreement may not be orally amended,modified or altered.This Agreement may be modified only if done in writing,signed by the Parties,approved by their respective Council or Board and further approved in writing by their respective legal counsel. 15.Notice.All notices,claims,requests,and demands under this Agreement are to bein writing and served in person orvia certified (return receipt requested)United States mail, postageprepaid,addressedasfollows: If to the Town:Town of Fountain Hills Attn:Tim Pickering,Town Manager P.O.Box 17958 Fountain Hills,Arizona 85269 Ifto County:Maricopa County Human Services Department Attn:MelissaBauer,ContractSpecialist 234 N.Central Avenue **Phoenix,Arizona S5004 oratsuchother address as shall be indicated inwritingbytheeach Party.Servicebycertified mail willbe deemed to occur onthe postmark date borne bythe return receipt.TheTown and theCounty shall each havethe affirmative dutytonotify each other in writing when notice shall 9l96.004\STSlGA.doc 10-9-03 24/27/2224 63:30 6025086783 rjMAN SERv -^--aC \j^^y The foregoing agreement between the Town of Fountain Hills and Maricopa County has been reviewed pursuant to ARE.Rev.Stat.§11-952,as amended,by the undersigned Town Attorney who has determined that it is in the proper form and is within the powers and authority granted to the Town of Fountain Hills.No opinion is expressed as to the authority of any parties, otherthantheTown of FountainHillstoenterintothisagreement. Andrew J.McGuire Town Anorney The foregoing agreement between the Town of Fountain Hills and Maricopa County has been reviewed pursuant to AJRIZ.R£V.Stat.§11-952,as amended,by the undersigned County Attorney who has determined that it is in the proper form and is within the powers and authority granted to Maricopa County.No opinion is expressed as to the authority of any parties,other than Maricopa Countytoenterintothisagreement. £4 9196.004\STS IGA.doc J 0-9-03 (chard Romley icopaCountyAttorney 24/27/2034 S3:3S 5025065763 r.jv.AN SERw =A3£ c Scope of Service The County will be responsible for administering a Special Transportation Service program which provides assisted,door-to-door,transportation services to eligible residents of Fountain Hills'for trips to medical appointments,dialysis,shopping,adult day care,social service appointments,and recreational activities at no cost to the participant."Monday -Friday,8:00 am to 4:00 pm,excluding holidays.Residents are able to call and make a reservation from 7:00 am to 2:00 pm.Appointments may be within Fountain Kills'Town limitsandto jurisdictions outside ofthe Town of Fountain Hills. The County will be responsible for operating a general public shuttle service between the Town of Fountain Hills and the Valley Metro bus stop located at the Mayo Clinic.The schedule of service and stops will be setandmarketedtothe public. <* 9l96.00MSTSlGA.doc 10-9-03