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HomeMy WebLinkAboutRes 2007-16 RESOLUTION NO. 2007-16 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 for qualified elderly, low income and disabled residents (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 cause the execution of the Agreement 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, May 17, 2007. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: • W. .Nichols yor Bevelyn J. nd , Town Clerk REVIEW Y: APPROVED AS TO FORM: Timothy G. Pickering, own Man An J. McGuire, Town Attorney L 729631.1 EXHIBIT A TO RESOLUTION NO. 2007-16 [Intergovernmental Agreement] See following pages. L 729631.1 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY July 1,2007,through June 30,2012 THIS AGREEMENT, entered into by the TOWN of Fountain Hills, hereinafter referred to as TOWN, and Maricopa County,hereinafter referred to as CONTRACTOR. NOW THEREFORE,it is agreed between the parties thereto that; I. SCOPE OF SERVICE Activities The Contractor will be responsible for administering a Special Transportation Services program that provides limited transportation, free of charge, for qualified elderly (individuals age 60 and older), low-income (individuals whose income is no more than 150% of the federal poverty level) and disabled residents of the TOWN. TOWN is expected to provide a map identifying all boundary lines of TOWN. If no map is provided,the CONTRACTOR will use another reputable source. Client reservations must be made at least two days in advance for service: Reservation Hours—Weekdays from 7:00 a.m. till 2:00 p.m. Van Service Hours—Weekdays from 8:00 a.m. till 4:00 p.m. CONTRACTOR will provide monthly detailed information to TOWN regarding all STS trips (Trip origination&destination,client name,trip date(s)and purpose). II. TERM AND RENEWAL This agreement shall commence on July 1, 2007, and shall terminate on June 30, 2012, unless terminated earlier by one of the parties, in which case, written notice of termination shall be required no less than sixty (60) days prior to the proposed termination date. In the event either party elects to terminate this Agreement,all rights and duties set forth in this Agreement shall immediately terminate, and neither party shall be liable to the other party for any damages resulting from the termination. In the event of early termination CONTRACTOR shall be entitled to receive payment for all service provided to the TOWN prior to the termination. III. PAYMENT Funding levels for this Agreement shall be determined annually and shall be incorporated into this Agreement through an amendment. It is expressly agreed and understood that the total amount paid by the TOWN under the initial period of this Agreement, July 1 2007 through June 30 2008, shall not exceed $90,000 per year at a trip rate of$17.701 per one way trip, or for any trip that results in a cancellation at the designated point of pick up. Should the Regional Public Transportation Authority's Transit Lifecycle program cover Maricopa County's local match for fleet replacement as anticipated,the per trip rate shall be reduced to$16.26. This reduced rate shall become effective for all trips performed on or after the beginning of the month following the date Maricopa County is notified of its participation in the Transit Lifecycle program. Fountain Hills IGA,FY2007-2012 DRAFT Page 1 of 4 4/25/2007 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: Town of Fountain Hills Salvatore La Puma III Tim Pickering STS Program Coordinator Town Manager Maricopa County Human Services Dept/STS 16705 E.Avenue of the Fountains 234 N.Central Avenue,3`d Floor Fountain Hills,AZ 85268 Phoenix,Arizona 85004 V. GENERAL CONDITIONS General Compliance The Contractor agrees to comply with all applicable federal, state, and local laws and regulations governing the funds provided under this Agreement. The Contractor agrees to comply with the United States Department of Transportation, Federal Transit Administration Master Agreement, which is hereby incorporated into this Intergovernmental Agreement by reference. The contract administrator for the Human Services Department Special Transportation Service Program maintains a copy of the Agreement on file. VI. ADMINISTRATIVE REQUIREMENTS Documentation and Recordkeeping 1. Records to Be Maintained Contractor 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. 2. Retention The Contractor 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 Contractor 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 with reasonable notice to Contractor,as often as the TOWN reasonably 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 Contractor within 30 days after receipt by the Contractor. Failure of the Contractor to comply with the above audit requirements will constitute a violation of this contract and may Fountain Hills IGA,FY2007-2012 DRAFT Page 2 of 4 4/25/2007 result in the withholding of any future payments. The Contractor hereby agrees to have an annual agency audit conducted in accordance with current policy concerning Contractor audits. 4. Payment Procedures The TOWN will pay to the Contractor funds available under this Agreement based upon information submitted by the Contractor and consistent with any approved budget and TOWN policy concerning payment. The TOWN shall pay the Contractor upon submission of a properly executed claim(s). If demand exceeds annual budget the TOWN may agree to continue services at current rate, however, if TOWN is unable to pay for service the program Contractor may terminate services until funds are available. VII. BUDGET The Contractor shall establish and maintain a budget for the work contemplated by this Agreement. VIII. CANCELLATION This Agreement is subject to the provisions of A.R.S.38-5 1 1. IX. TERMINATION This Agreement may be terminated by either party within 60 days written notice.All amounts due or other obligations required through the date of termination shall be performed within 60 days of the date of termination. X. INDEMNIFICATION AND INSURANCE The Contractor agrees to hold the TOWN harmless from all claims and liability arising out of the activities of the Contractor,its agents,and employees engaged in the performance of provisions of this Agreement. Contractor warrants and represents that it is self-insured. Coverage through a self-insured program shall be sufficient to meet insurance requirements. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first written above: TOWN: CONTRACTOR: TO OUNTA HILLS MARICOPA COUNTY O anag r Chairman,Board of Supervisors Clerk,Board of Supervisors Fountain Hilts IGA,FY2007-20t2 DRAFT Page 3 of 4 4/25/2007 APPROVED AS TO FORM: APPROVED AS TO FORM: L TO Attorney Martin Demos MARICOPA COUNTY ATTORNEY Deputy County Attorney L Fountain Hills IGA,FY2007-2012 DRAFT Page 4 of 4 4/25/2007