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HomeMy WebLinkAboutRes 2005-13 RESOLUTION NO. 2005-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR SPECIAL TRANSPORTATION SERVICES. 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 relating to a special transportation service program which provides limited transportation to the Mayo Clinic (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and 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, March 3, 2005. FOR THE TOWN OF/ OUNTAIN HILLS: ATTESTED TO: 0:1141 W. J. Nich•ls, ayor Bevelyn J. Be er, own Clerk REVIEWED BY: ) APPROVED AS TO FORM: gA. Timothy G.Pickering, Town Manager Andrew J. McGuire, Torney 9196.001\...\STS.res.doc 2.9.2005-1 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF FOUNTAIN HILLS e AND MARICOPA COUNTY C-22-05-055-2 1(HIS AGREEMENT, entered into by the Town of Fountain Hills, an Arizona municipal corporation hereinafter referred to as "TOWN," and Maricopa County, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY". WHEREAS, the TOWN and COUNTY arc empowered to enter into this Agreement pursuant to A.R.S. 11-952; and WHEREAS, the TOWN and COUNTY wish to provide transportation services to the Town as defined in Section I. herein; NOW THEREFORE, it is agreed between the parties thereto that: I. SCOPE OF SERVICE Activities (1) The COUNTY will be responsible for operating and administering a Special Transportation Service program which provides limited transportation, free of charge for elderly, low-income (individuals whose income is no more than 150% of the coo federal poverty level) and disabled residents of the Town of Fountain Hills. (2) 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 will be established and marketed to the public. (3) Services of the COUNTY shall start July- 1, 2004 and end on the June 30, 2005. II. TERM This Agreement shall take effect after execution by both Parties. The Agreement shall terminate on June 30, 2005. Pursuant to A.R.S. § 11-952(G), this Agreement shall be filed with the County Recorder. III. PAYMENT It is expressly agreed and understood that the total amount paid by the Town under this agreement shall not exceed$69,595.28 ($5,5675.72 for operating services and $13,919.56 for capitol costs) for Maricopa County Special Transportation Services. L IV. NOTICES Notices shall be deemed effective upon receipt. Communication and details concerning this Agreement shall be directed to the following representatives: Town of Fountain Hills: Maricopa County: Julie Ghetti Trina Jenkins Town Manager's Office Program Manager P.O. Box 17958 234 N. Central Avenue Fountain Hills,Arizona 85269 Phoenix,Arizona 85004 V. GENERAL CONDITIONS A. General Compliance The COUNTY agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement. The COUNTY agrees to comply with the United States of America, Department of Transportation, Federal Transit Administration Master Agreement, which is hereby incorporated into this Intergovernmental Agreement by reference VI. ADMINISTRATIVE REQUIREMENTS A. Documentation and Recordkeeping 1. Records Maintenance The COUNTY shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this Agreement. Retention The COUNTY shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement or after the resolution of all federal audit findings, whichever occurs later. Records for non-expendable property acquired with funds under this agreement shall be retained for five (5) years after final disposition of such property. 3. Audits and Inspections • All COUNTY records with respect to any matters covered by this Agreement shall be made available to the Town, or the Federal Government, at any time during normal business hours, as often as the Town deems necessary, to audit, examine and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the COUNTY within 30 days after receipt by the COUNTY. fthlagr8.doc 2 Failure of the COUNTY to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of any future payments at which time this Agreement will terminate with no further obligations by either Party other than obligations incurred as of the date of such termination. The COUNTY hereby agrees to have an annual agency audit conducted in accordance with current policy concerning COUNTY audits. 4. Payment Procedures The Town will pay to the COUNTY funds available under this Agreement based upon information submitted by the COUNTY and consistent with any approved budget and Town policy concerning payment. The Town shall pay the COUNTY an amount not to exceed $74,775.72 in lump sum, prior to June 30, 2005, upon submission by the COU of a properly executed claim(s). VII. BUDGET 49,`=9-C•-25 The COUNTY shall establish and maintain a budget for the work contemplated by this Agreement. VIIII. CONFLICT OF INTEREST Pursuant to A.R.S. § 38-511, either party may cancel this Agreement without penalty or obligation if any person significantly involved in the initiating, negotiating, securing, drafting or creation of the Agreement on behalf of the terminating party is at any time while the Agreement or any extension thereof is in effect an employee of the other party to this Agreement in any capacity with respect to the subject matter of this Agreement.. IX. TERMINATION In addition to termination provisions provided elsewhere in this Agreement, this agreement may be terminated by either party with 60 days written notice. All amounts due or other obligations through the date of termination shall be performed within 60 days of the date of termination. X. INDEMNIFICATION AND INSURANCE The COUNTY agrees to hold the Town harmless from all claims and liability arising out of the activities of the COUNTY,its agents, and employees engaged in the performance of provisions of this Agreement. COUNTY warrants and represents that it is self-insured. Coverage through a self-insured program shall be sufficient to meet insurance requirements. fthlagr8.doc 3 XI. ENTIRE AGREEMENT This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and any modification or amendment to the terms and conditions of this Agreement shall be done in writing signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above: TOWN: COUNTY: TOWN OF FOUNTAIN HILLS MARICOPA COUNTY i' , r If\N\N Town Pctana er Chair Board g of Supervisors . 19./os Boar of Supervisors 04 0'1 Pursuant to A.R.S. § 11-952 D, the attorneys for the parties have determined that the foregoing Intergovernmental Agreement is in proper form and is within the powers and authority granted to the parties under the laws of the State of Arizona. APPROVED AS TO FORM: APPROVED AS TO FO . Town Attorney Nh\RICOPA COUN ATTORNEY Deputy County Attorney fthlagr8.doc 4