HomeMy WebLinkAboutRES 13-10RESOLUTION NO. 13-10
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF
A GRANT APPLICATION TO THE VALLEY METRO REGIONAL
PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN
ITS FISCAL YEAR 2012-2013 LOCAL TRANSPORTATION
ASSISTANCE FUND II PROGRAM.
WHEREAS,the City of Apache Junction is desirous of
meeting the transportation needs of its citizens; and
WHEREAS,East Valley Senior Adult Resources,Inc.,
which manages the Apache Junction Active Adult Center,has
requested assistance from the City in meeting the transportation
needs of senior citizens residing within the City limits; and
WHEREAS,pursuant to Arizona Revised Statutes Section
28-8101,et seq.,the Valley Metro Regional Public
Transportation Authority ("RPTA")is administering the Local
Transportation Assistance Fund (hereinafter "LTAF")II Program;
and
WHEREAS,the activities within this grant address
identified community needs; and
WHEREAS,a grantee of LTAF II funds is required to
comply with the program guidelines and federal statutes and
regulations.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
1)The Mayor and City Council of the City of Apache Junction
authorize application to be made to the RPTA for Fiscal
Year 2012-2013 LTAF II funds.
2)The City Manager or his designee is authorized to sign an
application for receipt and use of these funds in an amount
not to exceed $865.00 for East Valley Adult Resources, Inc.
for its transportation program for the Apache Junction
Active Adult Center.
RESOLUTION NO. 13-10
PAGE 1 OF 2
3)The City Manager or his designee, is authorized to take all
actions necessary to implement and complete the activities
submitted in said grant.
4)The application for Maricopa County LTAF II funds meets the
program requirements for the transportation of senior
citizens,persons with disabilities and/or the general
public.
5)The City of Apache Junction shall comply with all LTAF II
guidelines,federal statutes and regulations applicable to
the LTAF II Program.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF MAY , 2013.
SIGNED AND ATTESTED TO THIS 7TH DAY OF MAY
HN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4.ZI3
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-10
PAGE 2 OF 2
, 2013.
When recorded return to:
Richard Joel Stern, Esq.
Apache Junction City Attorney
300 East Superstition Blvd.
Apache Junction, AZ 85119
GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE
JUNCTION AND EAST VALLEY ADULT RESOURCES
THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as
of the day of 2013, by and between CITY OF APACHE JUNCTION,
ARIZONA,an Arizona municipal corporation ("City")and East Valley Adult
Resources,a nonprofit agency ("EVAR").City and EVAR are sometimes
referred to herein collectively as the "Parties," or individually as a "Party."
RECITALS
A.EVAR is a nonprofit organization which provides social,
recreational, fitness, advocacy, and transportation services at the Apache
Junction Active Adult Center for Apache Junction residents.
B.EVAR desires to utilize Local Transportation Assistance Fund II
("LTAFII") funding for transportation services in Apache Junction.
C.The Valley Metro Regional Public Transportation Authority ("RPTA")
desires to convey to City a portion of its annual allocation required to be
paid to local governments for the benefit of public transportation,
pursuant to a court order filed in Paisley v. Darwin,U.S. Dist. Ct (Ariz.),
No.CV-10-1253-PHX-DGC,2011 WL 3875992,resuming distribution of
multi -state lottery game proceeds to the Public Transportation Fund in
Maricopa County, for disbursement by City to EVAR.
D.City desires to disburse the aforementioned contribution to the
EVAR and to set forth the mutual understandings between City and EVAR.
E.There is a need for mutual cooperation for a pass through of grant
funds from RPTA to City and ultimately to East Valley Adult Resources.
F.Mutual cooperation would result in EVAR's obtaining assistance
from City, which translates to public savings.
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G.The Parties have mutual interests in this project and wish to enter
into this Agreement with certain terms and conditions.
AGREEMENT
NOW, THEREFORE,in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration,
the receipt and adequacy of which is hereby acknowledged, the Parties agree
as follows:
1.ACCURACY OF THE RECITALS:The Parties hereby confirm the
accuracy of the Recitals set forth above, which are incorporated herein by this
reference.
2.CITY'S OBLIGATIONS:
City agrees to do all of the following:
a.Disburse the aforementioned RPTA contribution to EVAR.
b.Review copies of all reports and documents sent to the RPTA by
EVAR related to funded project.
3.EVAR'S OBLIGATIONS:
EVAR agrees to do all of the following:
a.Hold harmless the City of Apache Junction and its agents for any
acts or omissions by City, its elected officials, appointees, and employees.
b.Provide to the City of Apache Junction a copy of all reports and
documents sent to the RPTA related to funded project no later than 30 days after
their submission to RPTA.
4.Purpose.The purpose of this Agreement is to set forth the rights
and responsibilities of the Parties with respect to the acceptance and
distribution of the contribution to EVAR.
5.Funding Schedule.RPTA shall deliver a one-time payment of
$865.00 to the City for disbursement to EVAR for the provision of transportation
services at the Apache Junction Active Adult Center ("Center"). The purpose of
the contribution is to provide City residents with transportation to the Center,
Center Programs, local medical appointments, and local shopping hubs.
6.Term.The Term of this Agreement is one calendar year from the
execution date.
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7.Indemnification and Hold Harmless.EVAR shall indemnify, defend
and hold harmless the City, its Mayor and City Council, appointees, employees
and agents from and against any and all suits, actions, legal or administrative
proceedings,claims,demands,liens,losses,fines or penalties,damages,
liability, interest, fees for attorneys, consultants and accountants or costs and
expenses of any kind and nature, resulting from or arising out of the negligence
or willful misconduct of City, its Mayor and City Council, appointees, employees
and agents in performing the duties set forth in this Agreement.
8.Transactional Conflicts of Interest.The Parties acknowledge that
this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §
38-511.
9.Waiver.No waiver,whether written or tacit,of any remedy or
provision of this Agreement shall be deemed to constitute a waiver of any other
provision hereof or a permanent waiver of the provision concerned,unless
otherwise stated in writing by the Party to be bound thereby.
10.Severability.City and RPTA each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws.However,in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision,law,regulation,or City Code),such provision shall be deemed
severed from this Agreement and this Agreement shall otherwise remain in full
force and effect; provided that this Agreement shall retroactively be deemed
reformed to the extent reasonably possible in such a manner so that the
reformed agreement (and any related agreements effective as of the same date)
provide essentially the same rights'and benefits (economic and otherwise) to the
Parties as if such severance and reformation were not required.Unless
prohibited by applicable laws, the Parties further shall perform all acts and
execute, acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this Agreement,
as reformed.
11.No Third Party Beneficiary Rights.The Parties agree that no third
party rights attach to this agreement.
12.Applicable Law and Venue:The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona.Any action at law or in equity brought by either party for
the purpose of enforcing a right or rights provided for in this Agreement, shall
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county.In the event either party shall bring suit to
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enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorneys'
fees, necessary witness fees and court costs to be determined by the court in
such action.
13.Indemnification:To the fullest extent permitted by law, Consultant
shall defend, indemnify and hold harmless City, its elected and appointed
officers, officials, agents, and employees from and against any and all liability
including but not limited to demands, claims, actions, fees, costs and expenses,
including attorney and expert witness fees, arising from or connected with or
alleged to have arisen from or connected with, relating to, arising out of, or
alleged to have resulted from the acts, errors, mistakes, omissions, work or
services of Consultant, its agents, employees, or any tier of Consultant's
subcontractors in the performance of this Agreement.Consultant's duty to
defend, hold harmless and indemnify City, its Special Districts, elected and
appointed officers, officials, agents, and employees shall arise in connection
with any tortious claim, damage, loss or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment, or destruction of
property including loss of use resulting therefrom, caused by an Consultant's
acts, errors, mistakes, omissions, work or services in the performance of this
Agreement including any employee of Consultant, any tier of Consultant's
subcontractor or any other person for whose acts, errors, mistakes, omissions,
work or services Consultant may be legally liable.
14.Notices:Except as otherwise required by law, any notice required
or permitted under this Agreement shall be in writing and shall be given by
personal delivery, or by deposit in the United States mail, certified or registered,
return receipt requested, postage prepaid, addressed to the Parties at their
respective addresses set forth below, or at such other address as a Party may
designate in writing pursuant to the terms of this Section, or by telecopy or
telefacsimile machine,or by any nationally recognized express or overnight
delivery service (e.g. Federal Express or UPS), delivery charges prepaid:
If to City:
If to EVAR:
City of Apache Junction
Attn: City Manager
300 E. Superstition Blvd.
Apache Junction, Arizona 85119-2899
Telephone: (480) 474-5066
Facsimile: (480) 474-5110
East Valley Adult Resources
Attn: Executive Director
45 West University
Suite A - Mesa, Arizona 85201
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Telephone: (480) 964-9014
Facsimile: (480)898-7306
IN WITNESS WHEREOF, the Parties have executed this Agreement as of
the date first set forth above.
EAST VALLEY ADULT RESOURCES, an Arizona
nonprofit organization
By: Mary Turley
Its: President, Board of Directors
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By: John S. Insalaco
Its:Mayor
ATTEST:
By:
Kathy Connelly, City Clerk
APPROVE AS TO FORM:
By:.:31 4-213
Richard J. Stern, City Attorney
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