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Home My WebLink AboutRES 89-27RESOLUTION NO. 89-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED INTERGOVERNMENTAL "PROJECT AGREEMENT" BETWEEN THE STATE OF ARIZONA DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS AND THE CITY OF APACHE JUNCTION. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: The Mayor and City Council of the City of Apache Junction pursuant to A.R.S. Statute 11-901 does hereby approve the Intergovernmental "Project Agreement" with the Arizona State Department of Library, Archives and Public Records to accept $22,200.00 provided by the Library Services and Construction Act, as amended.The City Manager is authorized to execute this agreement on behalf of the City of Apache Junction. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 5TH DAY OF SEPTEMBER,1989. SIGNED AND ATTESTED TO THIS 5TH DAY OF SEPTEMBER, 1989. ATTEST: THLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAVrk F.•ALE City Attorney KEANETH BLUNTSC Mayor DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS LIBRARY SERVICES AND CONSTRUCTION ACT TITLE I PROJECT AGREEMENT for CITY/COUNTY LIBRARY This Agreement is made and executed by and between the State of Arizona Department of Library, Archives and Public Records ("Department"), acting under authority of A.R.S. § 41-1336. and the City of Apache Junction, acting under the authority of A.R.S. §9-420, City Code Article 3, Section 11 for the Apache Junction Public Library ("Library").The parties intend that the Library administer certain functions, hereinafter described, as part of the required State Plan which has been developed by the Department under Title I of the Library Services and Construction Act, as amended, P.L. 98-480, 20 U.S.C. 351 et seq. I.The purpose of this Agreement is to enhance library services which the Library provides to the branch and affiliate libraries and bookmobiles and through them, to the people of City of Apache Junction. II.The parties agree that the Library will: 1.Spend the monies allocated under this Agreement only for the following project:Grant # 904-11, "Community Access to Information & Referral (CAIR)." 2.Submit brief descriptive progress reports each quarter as requested by the Department, and a detailed description and evaluation report upon completion of the project. 3.Upon completion of the project, submit to the Department a certified report of total expenditures on forms provided by the Department. 4.Maintain records of all books, accounts, reports, files and other records relating to the project for five fiscal years after completion of the project, which records shall be subject to inspection and audit by the State of Arizona under A.R.S. § 35-214 and available to the Department upon request. 5.Maintain inventory records of all moveable equipment and furniture acquired with grant funds having a useful life of one year or more and costing more than $1,000.00. 6.All promotional materials, press releases, bibliographies,reports and other such publications resulting from an LSCA grant project must contain the following acknowledgement: This project was funded in part with funds granted by the Department of Library, Archives and Public Records under the Library Services and Construction Act, State Administered Program, P.L. 98-480, as amended. 7.Dispose of any property acquired under this grant in accordance with federal regulations as interpreted by the Department. 8.Comply with all Federal and State statutes, rules, regulations and executive orders applicable to this grant. 9.Indemnify the Department and the State of Arizona and shall hold them,their officers, agents and employees harmless against any and all liability, loss, damages, costs and expenses of any kind, for or on account of any and all suits, claims, actions or ADGF172H R 7 /89 1 damages brought or sustained by any person or property by virtue of any alleged act, omission, fault, mistake or negligence of Library, its employees, agents representatives or subcontractors and their employees, agents, representatives or subcontractors in connection with or incident to the performance of this Agreement. 10.If federal or state audit exceptions are made relating to this Agreement, reimburse all costs incurred by the State of Arizona and the Department associated with defending against the audit exception and performing an audit or follow-up audit including but not limited to:audit fees, court costs, attorneys' fees, travel costs, penalty assessments, and all other costs of whatever nature. III.The parties further agree that this project will be administered by the Department, and that such administration will consist of: I.Providing the Apache Junction Public Library $22,200 ror the above -described project;provided,however,that this obligation is contingent upon the Department's receiving LSCA funds which the Department determines may be properly used for payment of the grant under this Agreement.Funds will be paid in quarterly installments of $5,550 upon receipt of previous report. 2.Monitoring project progress and making status and project completion reports to the federal government. 3.Rendering assistance as may be needed to promote the success of the project. IV.The parties further agree that: 1.This Agreement takes effect when filed with the Secretary of State and terminates on September 30, 1990, except that upon written request of the Library and written approval of the Department, the Agreement may be extended. 2.Pursuant to A.R.S. § 38-511, this Agreement is subject to cancellation, within three years after its execution, without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. 3.Pursuant to 34 C.F.R. § 74.115, this Agreement may be terminated in whole or in part any time before the date of expiration if it is determined that the Library has materially failed to comply with the terms of this Agreement. 4.The Library may terminate this Agreement upon thirty (30) days written notice to the Department.In the event of such termination, the Library will not commit any additional funds pursuant to this Agreement and will promptly return any uncommitted funds in its possession to the Department. All property, which pursuant to this Agreement was previously purchased or which the library had previously committed itself to purchase shall be subject to the requirements relating to disposal of property/equipment purchased either wholly or in part with federal funds. ADCFD2H R 7/89 2 5.In the event of a dispute, the parties agree to use arbitration to the extent required by A.R.S. § 12-1518. In Witness Whereof, the Department and the Library have caused this Agreement to be executed. DEPARTMENT:LIBRARY: (Authorized Signature)(Authorized Signature) Director (Title)(Title) Department of Library, Archives and Public Records (Political Entity) (Date)(Date) Certified by the Attorney for the City of Apache Junction that this Agreement is in the proper form and within the powers and authority of City of Apache Junction. This day of ,1989. Attorney for the City of Apache Junction Pursuant to A.R.S. § 11-952, the undersigned Assistant Attorney General has determined that the foregoing Intergovernmental Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Department of Library, Archives and Public Records. ROBERT K. CORBIN, ATTORNEY GENERAL BY: This day of ,1989. Assistant Attorney General ADGFD2H R 7/89 3