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HomeMy WebLinkAboutRES 80-25RESOLUTION NO.80-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF APACHE JUNCTION FOR THE PURPOSE OF PREPARING AN AIRPORT MASTER PLAN AND SITE SELECTION STUDY FOR APACHE JUNCTION,ARIZONA. WHEREAS,by Resolution No.80-17 the City Council of Apache Junction authorized and directed the City Manager to execute a Planning Services Agreement between the City and Buell,Winter,Mousel and Associates,Inc. for the purpose of preparing an Airport Master Plan and Site Selection Study;and WHEREAS,the City Manager has complied with said direction and executed said Agreement;and WHEREAS,by Resolution No.80-18 the City Council authorized and directed the City Manager to file a project application for State aid for funding an Airport Master Plan and Site Selection Study;and WHEREAS,the City Manager has complied with said direction and filed said application;and WHEREAS,the City's application for State aid,was approved by the State to fund an Airport Master Plan and Site Selection Study;and WHEREAS,the State requires the execution by the City of an Intergovern- mental Agreement prior to receipt of said State aid,a copy of which Agreement i s attached hereto. NOW THEREFORE BE IT RESOLVED that the City Manager of Apache Junction, Arizona be and he i s hereby authorized,empowered and directed to execute said Intergovernmental Agreement for funding an Airport Master Plan and Site Selection Study,as set forth i n the attached Agreement. PASSED this 20th day of August 1980 by the Mayor and City Council of the City of Apache Junction,Arizona. ATTEST: ee4edveiA.;&tz City Clerk APPROVED AS TO FORM: City Attorney 1 AGREENENT This Agreement is entered into pursuant to Arizona Revised Statutes, Sections 11-951 through 11-954 by and between the State of, Arizona acting by and through the Arizona Department of Trans- portation, Aeronautics Division, herein referred to as the "State" and City of Apache Junction a political subdivision of the State of Arizona, herein referred to as the "Sponsor". WITNESSETM Recitals: 1)The Sponsor desires, in accordance with the authority granted by A.R.S. Section 2-303, a grant from the State for the pur- pose of airport planning,. 2)The Arizona Transportation Board and the Director of the Arizona Department of Transportation, in accordance with the authority granted by A.R.S. 23-106, 28-103 and pursuant to 28-1706 have authorized the issuance of a grant to the Sponsor for airport planning. Now, therefore, in consideration of the foregoing recitals and of the covenants and agreements 'by the parties herein made to be kept and performed, the parties agree as follows: Sponsor's Responsibility 1)The Sponsor shall commence the effort reouired by and in accordance with the provisions of the grant application, Exhibit A hereto, within 60 days from the effective date of this Agreement. 2)The Sponsor shall provide evidence that its governing body has approved a resolution to enter into this Agreement along with a written determination of the appropriate attorney that the Sponsor is authorized under the laws of this State to enter into this Agreement. Such resolution and determination shall be attached hereto as Exhibits D and E respectively. 3)The Sponsor shall, prior to execution of this Ac,reement, sub;nit a schedule which shall be attached hereto as Exhibit C for the efforts to he accomplished and shall complete the efforts within that schedule. Any change to the schedule must be approved by the State and such cham.Y.e shall be reflected herein by formal_Amendment to this Agreement. 4)The Sponsor shall abide by and enforce the General Provisions incorporated hereto for a period of twenty years. Apache Junction AFE 01022 Naximum Obligations The maximum funding available to the Sponsor shall be as follows: 1)From the State not to exceed $ 90%nercentum of allowable costs 54,000 The allowable cost shall not include any costs determined by the State to be ineligible for consideration. Any costs incurred prior to the execution of this Agreement may not be allowable. The State obligation to provide funds hereunder expires upon completion of the efforts required herein or 30 JUNE 1981, which- ever is earlier. Exhibits The following Exhibits are incorporated and form a part of this Agreement. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G - Grant (Project) application - General Provisions (State) - Special Provisions (if attached) - Resolutions (Sponsor) - Determinations (Sponsor) - Determinations (State) - Completion Schedule This Agreement shall be filed with the Arizona Secretary and shall become effective upon such filing,. of State STATE OF ARIZONA DEPARMENT OF TRANSPORTATION SPONSOR By By TiLie Date Title Date EXHIBIT B . GENERAL PROVISIONS - STATE Contracts The Sponsor as an independent entity and not as an agent of the State shall obtain the services required in order to fulfill the work covered in Exhibit A. The sponsor shall submit to the State for the State's approval, the consultant's contract which shall state: 1)The name of the Engineer or Consulting and Engineering firm authorized to act on behalf of the Sponsor. 2)The scope of responsibility of the Engineer. 3)That the contractor must comply with the provisions of Arizona Executive Order 75-5 dated 28 April 1975 relating to equal opportunity. 4 )The terms for termination either for the consultant's failure to perform or in the best interest of the Sponsor. 5)That duly authorized representatives of the State shall have access to any books, documents, papers and records of the contractor which are in any way pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. Financial The Sponsor shall establish and maintain for each Project governed by this Agreement, an adequate accounting record to allow State personnel to determine all funds received from the State and the Sponsor and to determine the allowability of all incurred costs of the Project. Reports • Unless otherwise specified in writing, the Sponsor shall submit monthly reports which shall reflect the progress accomplished in relation to the contract schedule,reasons for delay and recommended corrections of problems encountered. The report shall also include financial information consisting of the contract price,price of changes,total expenditures to date and additional funding required to complete the project. Changes Any changes in the scope of work specified by the Sponsor's contract with the contractor must receive approval of the State prior to the Sponsor authorizing it.All costs incurred in performing a change under the scope of work prior to the State's authorization may be disallowed and ineligible for State assistance. An approval by the State of a contract or a change under the contract shall not obligate the State to provide funds beyond those funds obligated by this Agreement.Any changes to the a_tount of funds authorized hereunder must be by formal amendment hereto. Suspension of Grant If the Sponsor fails to comply with the conditions of this Agreement, the State by written notice to the Sponsor may suspend the Grant and withhold payments until corrective action has been taken by the Sponsor.Any costs incurred during this period of suspension shall not be eligible for reimbursement by the State. Failure to -Perform If the Sponsor fails to comply with the conditions of the Agreement,the State may by written notice to the Sponsor terminate the Agreement in whole or in part.The notice of termination will contain the reasons for termination and the effective date of termination.Upon receipt of the Notice of termination, the Sponsor shall not incur additional obligation of Grant funds. Termination for Convenience Nhen the continuation of the project would not produce beneficial results commensurate with the :Thrther expenditure of funds or when funds are not appropriated or are withdrawn for use hereunder,the State may terminate this Agreement.In the Case where continuation of the project would not produce beneficial 'results, the State and the Sponsor shall mutually agree upon the termination either in whoLe or in part. In the case where funds have been withdrawn or not appropriated. the State shall have the right to termination at its sole option.Upon receipt of the notice of tzermtna'-ion, the Sponsor shall not incur any additional obligations of Grant funds. All parties are hereby put on notice that this Agreement is subject to cancellation by the Governor pursuant to Arizona Revised Statutes Section 38-511. '0/aiver by State No waiver of any condition,reouirement or right expressed in this Agreement shall be implied by any forebearance of the State to declare a default,failure to perform or to take any other action on account of the violation of such violation be continued or repeated. Compliance with Laws The Sponsor shall comply with all Federal, State and local laws, rules,regulations,ordinances and decrees which are applicable to the performance hereunder. Jurisdiction In the event of litigation between the Sponsor and the State, litigation shall he commenced and prosecuted in an appropriate court of competent jurisdiction within Maricopa County, State of Arizona. Excess of Grant Payments If,upon final determination of the allowabilitv of all project costs of a project hereunder,it is found that the total_ grant payments to the Sponsor exceeds the State's share of allowable costs, the Sponsor shall promptly return the excess to the State. Final determination of State's share of allowable costs shall rest soley with the State. Indemnification The State of Arizona,acting by and through the Arizona Department of Transportation does not assume any liability to third persons nor will the Sponsor be reimbursed for the Sponsor's liability to third person resulting, in any way from the performance of this Agreement or any subcontract hereunder. The Sponsor shall indemnify and hold harmless the State, any of their departments,al.,encies, officers and employees from any and all liability, loss or damage the State may suffer as a result-of claims, demands, costs or judgements of any character arising out of the performance or non performance of :he Sponsor or its independent contractors in carrying out any provisions of this Agreement. This indemnification shall include, in the event of any action, court:costs,expenses of litigation and reasonable atorney'5 fees. Required Provisions Deemed Inserted Each and every provision of law and clause required by law to be inserted in this kreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.