Loading...
HomeMy WebLinkAboutResolution 2004-151 IGA with pima county relating to planning and design of the bureau of reclamation regional park siteMARANA RESOLUTION NO. 2004-151 RELATING TO PARKS & RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY TO FA- CILITATE THE PLANNING, DESIGN AND DEVELOPMENT OF THE BUREAU OF RECLA- MATION REGIONAL PARK SITE WITHIN THE TOWN OF MARANA. WHEREAS, the U. S. Bureau of Reclamation ("BOR") owns property located immediately east of the Central Arizona Project canal and immediately north and south of Avra Valley Road within the Town limits of the Town of Marana ("the BOR Park Property"); and WHEREAS, BOR and Pima County have entered into a fifty-year recreational land use agreement dated May 21, 1986, for the management and operation of a public trail and related amenities within BOR's CAP right-of-way ("the CAP Trail"); and WHEREAS, the Town ofMarana, Pima County; and BOR desire to facilitate the construc- tion, management, and operation of a regional park on the BOR Park Property; and WHEREAS, the Town and BOR are currently processing an intergovernmental agreement for the development, operation, and maintenance ora public regional park on the BOR Park Prop- erty, the execution of which is pending; and WHEREAS, the Town and Pima County desire to engage in a cooperative effort to facilitate the planning, design and development of the public regional park on the BOR Park Property, and to address and minimize any interference with the CAP Trail. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the "Intergovernmental Agreement between the Town of Marana and Pima County to Facilitate the Planning, Design, and Development of the Bureau of Reclamation Re- gional Park Site within the Town of Marana," attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. {00000305.DOC/} 1 FdC..cds l 0/25/04 IT IS FURTHER ~SOLVED that the Town Manager and Town staffare hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of November, 2004. ~ ~Jr. ATTEST: ~ APPROV AS TO FORM: //~a~ C as s ~d~ ~o~n'X~om~ {00000305. DOC/} 2 FJC:cds 10/25/04 ~.S RD N SANDERS RD BOR Park Site ~~'/ /' N SANDARIO RD ~ ~ SANDERS RD N SANDERS RD "'~ INTERGOVERNMENTAL AGREEMENT between PIMA COUNTY AND THE TOWN OF MARANA to FACILITATE THE PLANNING, DESIGN AND DEVELOPMENT OF THE BUREAU OF RECLAMATION REGIONAL PARK SITE WITHIN THE TOWN OF MARANA This Intergovernmental Agreement ("this IGA" or "this County/Marana IGA") is entered into by and between Pima County, a political subdivision of the State of Arizona ("Coun _ty"), and the Town of Marana, an Arizona municipal corporation ("Marana"). County and Marana are sometimes collectively referred to as the Parties. RECITALS A. County and Marana may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. County and Marana are authorized by A.R.S. § 11-933 to enter into cooperative agreements with other governmental entities (including counties and the United States) for the establishment, development, maintenance or administration of public parks. C. County and the U.S. Bureau of Reclamation ("Reclamation") entered into a 50-year Recreational Land Use Agreement, dated May 21, 1986 (County contract no. 01-05-U-107050- 0386) and amended by an agreement dated April 15, 1997 (the "County/BOR Agreement"). D. The County/BOR Agreement authorizes County to manage and operate a public trail and related amenities including trailhead staging areas within Reclamation's CAP right-of-way (the "CAP Trail"). E. Simultaneously with the processing and approval of this County/Marana IGA, Marana and Reclamation are processing and approving a Recreational Land Use Agreement (the "Marana/BOR Am-eement") with respect to the use of the property described on the attached Exhibit A (the "Park Site"). F. The CAP Trail covers a portion of the Park Site. G. Reclamation has granted County an informal "right of first refusal" over Reclamation lands suitable for recreational development in Pima County. H. County and Marana desire to engage in a cooperative effort to facilitate the planning, design and development of the Park Site, which is located within the jurisdiction of Marana, to address and minimize any interference with the CAP Trail. {00000241 .DOC / 7 } IGA FOR B UREA U OF RECLAMATION PARK SITE 1 10/19/2004 3:35 PM A GR'EEMENT Now, THEREFORE, in consideration of the foregoing recitals and the matters and things set forth in this IGA, the Parties agree as follows: I. County Consent. Pima County hereby consents to the Marana/BOR Agreement, and to Marana's non- exclusive use of the portion the Park Site that is subject to the County/BOR Agreement, for the term set forth in the Marana/BOR Agreement and for the purposes set forth therein and herein. II. County Shall: Authorize Marana's development of a regional park on the Park Site (the "Park Proiect") to encroach upon and cover that portion of the Park Site that is subject to the County/BOR Agreement, provided that: (a) the development does not disturb existing County improvements, or if it does, that the County improvements (including the CAP Trail if necessary) are moved at Marana's expense and in a manner authorized by County; (b) Marana manages, maintains and repairs the segment of the CAP Trail that passes through the Park Site; and (c) to the extent it affects the CAP Trail and is carded out, the Park Project is implemented according to plans mutually agreed upon by the parties. Have the right (but not the obligation) to implement the Park Project (or selected portions thereof) in coordination with Marana, in accordance with the mutually approved plans, and to the extent authorized under the County/BOR Agreement or some other Reclamation authorization. o Contribute funding to the Park Project, subject to the availability of funds and the appropriation and specific allocation of funds to the Park Project by the Pima County Board of Supervisors. Provide technical assistance to Marana and Reclamation in the development of the Park Project, subject to the availability of agency staff and related resources, to include assistance on such matters as planning, design, project management, and other issues and services mutually agreed upon by Marana and County. 5. Provide a staff member or members to participate in any committees or teams established to plan, design and/or supervise the implementation of the Park Project. III. Marana Shall: 1. Serve as lead local agency and coordinating entity in the development of the Park Project. {00000241.DOC / 7} IGA FOR B UREA U OF RECLAMATION PARK SITE 2 10/19/2004 3: 35 PM 2. Assign a member of ihe Marana Parks and Recreation Department to serve as the principal project manager for the Park Project. . · 3. Provide funding for the Park Project, as may be made available by the Marana Town Council and other sources, such as grants, that may be secured by Marana staff. Maintain, repair and manage the portion of the CAP Trail that passes through the Park Site, and indemnify the County for any liability, loss, cost or expense arising from any improper maintenance of the CAP Trail. o Assume responsibility for the operation and maintenance of the Park Project (or portions thereof) after they are constructed (including those portions, if any, developed by County under paragraph 11.2 above). IV. Term. This IGA shall be effective on the date it is recorded with the Pima County Recorder following execution by both parties to the Agreement and shall expire on the date that the County/BOR Agreement expires, unless earlier terminated as provided herein. V. Effect of Termination. If this IGA is terminated while County controls the CAP Trail pursuant to the County/BOR Agreement or other enforceable right, such termination shall not affect Marana's right and authority to continue to operate and develop (in a manner consistent with the Marana/BOR Agreement or other enforceable right) those portions of the Park Project not affected by the CAP Trail. If this IGA is terminated as a result of the expiration of the County/BOR Agreement, Marana may continue to operate and develop the Park Project in a manner consistent with the Marana/BOR Agreement or other enforceable right. Termination shall not relieve any party from liabilities or costs already incurred under this IGA. VI. Scheduling of Development. As part of the plans, the parties shall set reasonable deadlines for commencing certain portions of the Park Project. If Marana fails to meet an agreed-upon deadline, County shall have the right to terminate this IGA at any time thereafter, unless prior to County's exercise of this right of termination, Marana commences the improvements with respect to which the deadline was missed. VII. Disposal of Property. Upon the termination of this IGA, the ownership and disposition of all property, equipment and improvements located on the Park Site shall be determined based on the provisions of the Reclamation agreement or agreements applicable to the geographic area where the property, equipment or improvement is located. {00000241.DOC / 7} IGA FOR B UREA U OF RECLAMATION PARK SITE 3 10/19/2004 3: 35 PM VIII. Indemnification.' Each Party (as indemnitor) agrees to indemnify, defend and hold harmless t'l~e other parties (as indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. IX. Compliance with Laws. The Parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. Any action relating to this IGA shall be brought in a court of competent jurisdiction in Pima County. X. Non-Discrimination. The Parties shall not discriminate against any employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this Agreement. The parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this Agreement by reference, as if set forth in full herein. The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XII. Severability. If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. XIII. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. XIV. Non-Appropriation. Not withstanding any other provision in this IGA, this IGA may be terminated if for any reason any of the Parties do not appropriate sufficient monies for the purpose of maintaining this Agreement. {00000241.DOC / 7} IGA FOR BUREAU OF RECLAMATION PARK SITE 4 10/19/2004 3:35 PM XV. Legal Authority.' No party warrants to the other parties its legal authority to enter into this IGA. I/' a court, at the request of a third person, should declare that any party lacks authority to enter into this IGA, or any pan of it, then the IGA, or pans of it affected by such order, shall be null and void, and no recovery may be had by any party against the other parties for lack of performance or otherwise. XVI. Worker's Compensation. Each party shall comply with the notice ofA.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-1022, each Party shall be considered the primary employer of all personnel currently or hereafter employed by that Party, irrespective of the operations of protocol in place, and said Party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. XVII. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between or among Marana, County and Reclamation or their employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XVIII. No Third Party Beneficiaries. Nothing in this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal liability of any party to this IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. XIX. Entire Agreement. This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate. PIMA COUNTY: MARANA: Sharon Bronson, Chair Board of Supervisors Bobby Sutton, Mayor Town of Marana {00000241.DOC / 7} IGA FOR BUREAU OF RECLAMATION PARK SITE 5 10/19/2004 3:35 PM ATTEST: 'ATTEST: Loft Godoshian Clerk of the Board Jocelyn Bronson Town Clerk INTERGOVERNMENTAL ./1GREEMENT DETERMINATION The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by each of the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the party to the Intergovernmental Agreement represented by each of the undersigned. PIMA COUNTY: TOWN OF MARANA: Deputy County Attorney Town Attorney {00000241.DOC / 7} IGA FOR BUREAU OF RECLAMATION PARK SITE 6 10/19/2004 3:35 PM