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Home My WebLink AboutResolution 2008-019 IGA with state land to particpate in funding the town's technical drainage studies for submission to FEMAMARANA RESOLUTION NO. 2008-19 RELATING TO FLOODPLAIN MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA STATE LAND DEPARTMENT TO PARTICIPATE IN FUNDING THE TOWN OF MARANA'S TECHNICAL DRAINAGE STUDIES FOR SUBMISSION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY; AND DECLARING AN EMERGENCY. WHEREAS the Town of Marana has completed the selection of a drainage engineering consultant through the public procurement process to prepare technical studies, reports and recommendations to evaluate Flood Insurance Rate Maps being proposed by the Federal Emergency Management Agency; and WHEREAS approximately 1,600 acres of Arizona State Land Department (ASLD) Trust lands are located northeast of Interstate 10 and southwest of the CAP canal, within the area addressed by the studies; and WHEREAS the intergovernmental agreement which is the subject of this resolution facilitates a $25,000 contribution by ASLD toward the cost of the Town's technical drainage studies. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreement with the Arizona State Land Department attached as Exhibit A is hereby approved and the Mayor is authorized to execute it on behalf of the Town. IT IS FURTHER RESOLVED that since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5 1h day of February, 2008. A , 10 WIN %0 r 4? 0#?c(JRP0RA7F1-11-- 17 t2Mayor Ea Honea ATTEST- A PR EDA?,TO FORM: sid w?Oorney ftY Jocelyn C. Bronson, Town Clerk F to (00007797.DOC /) 1/29/2008 11:18 AM SILD IGA No. 08-750 RE: Technical Drainage Studies by the Town of Marana for FEMA review Date: January 28, 2008 1. INTRODUCTION This agreement is made and entered into between the following participants: 1 . The Arizona State Land Department, hereafter referred to as SLID, and 2. The Town of Marana, hereafter referred to as Marana. Ill. BACKGROUND AND PURPOSE A. The SLD and Marana are interested in preparing technical drainage studies to evaluate Flood Insurance Rate Maps (FIRMs) being proposed by the Federal Emergency Management Agency (FEMA). The subject FEMA maps are being updated under their nationwide Map Modernization Program. FEMA will be applying their national levee certification standards to any structure that acts like a levee, even structures that were never built as or intended to act as levees. This includes the Central Arizona Project canal, Interstate 10 and the railroad embankment. If these levee-like structures are not certified, the revised FIRMs will add very large floodplains (that are currently not included) and will have devastating effects on Marana and Trust land managed by the SLD. It is in the best interest of both parties to prepare the technical studies and participate in the FEMA review to minimize additional floodplain designations. B. Marana has completed the selection of a drainage engineering consultant through the public procurement process to prepare studies, reports and recommendations for review by FEMA. The studies will be done in two phases. The first phase will examine existing conditions of the area, while ignoring the presence of the levee-like structures. Phase two will take into account the existing levee-like structures and make recommendations as to their utility using FEMA criteria. Phase two, if necessary, will make engineering recommendations for future construction that would be required to strengthen the levees to FEMA standards. C. The subject Trust lands are located northeast of Interstate 10 and southwest 6f the CAP canal, located within Northeast Marana and include approximately 1,600 acres. See Exhibit A. 111111. AUTHORITIES A. SLD authority: 1 . A.R.S. § 37-102 States that the SLD has charge and control over all lands owned by the state. 2. A.R.S. § 11-951, et seg. Authorizes public agencies to enter into Intergovernmental Agreements for the joint exercise of common powers. B. Marana authority: 1 . A.R.S. § 9-251 Authorizes the town to conduct technical studies within its boundaries. IV. RESPONSIBILITIES The parties agree that the duties and responsibilities under this Agreement are as follows A. SLD shall: 1 Provide financial assistance to *Marana in order to fund the technical studies issued through the town's RFP process. 2. Provide assistance with the review of reports and recommendations that result from the various studies. SLD IGA No. 08-750 RE: Technical Drainage Studies by the Town of Marana for FEMA review Date: January 28, 2008 B. Marana shall: 1 Provide financial assistance for the entire effected area including the Trust lands shown in Exhibit A. 2. Coordinate the RFP process, negotiate the scope and fees with the selected consultant and manage the contract after the Notice to Proceed is issued. V. DURATION, TERMINATION, DISPOSITION OF PROPERTY A. This Agreement is entered into and is effective as of the date filed with the Arizona Secretary of State and expires (2) years from that date, unless either party notifies the other in writing at least (3) months prior to expiration the intent to renew in accordance with the Modifications requirements specified in this Agreement. B. Either party may terminate its participation in this Agreement at any time by providing 60 days written notice to the other party. VI. FINANCING The SLD will contribute a total of $25,000 to Marana. Marana has awarded the Phase I scope of work at a cost not to exceed $500,000. The Trust lands comprise 25% of the total area subject to the study. Marana shall invoice the SLD for the full amount within 30 days of the effective date of this agreement. VII. GENERAL TERMS AND CONDITIONS A. MODIFICATION: Modifications within the scope of this Agreement shall be made by mutual consent of the parties, and by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. B. CIVIL RIGHTS ASSURANCE AND NONDISCRIMINATION: The parties agree to comply with Chapter 9, Title 41, Arizona Revised Statutes (Civil Rights), Arizona Executive Order No. 99-4 and any other federal or state laws relating to equal opportunity and non-discrimination, including the Americans with Disabilities Act. C. RECORDS AND AUDITS: Pursuant to A.R.S.§§ 35-214, 35-215, and 41-2548, all books, accounts, reports, files and other records relating to this Agreement shall be subject, at all reasonable times, to inspection and audit by the State during the term of this Agreement and for five years after the termination of this Agreement. D. CONFLICT OF INTEREST: This Agreement is subject to cancellation under A.R.S. § 38-511, cancellation of state contracts. E. AVAILABILITY OF FUNDS: This Agreement shall be subject to available funding, and nothing in this Agreement shall bind the State to expenditures in excess of funds authorized and appropriated for the purposes outlined in this Agreement. F. ARBITRATION: To the extent required by A.R.S. §§ 12-1518(B) and 12-133, the parties agree to resolve any dispute arising out of this agreement by arbitration. G. INDEMNIFICATION: Neither party to this Agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. H. PARTICIPATION IN SIMILAR ACTIVITIES. This Agreement in no way restricts the parties from participating in similar activities with other public or private agencies, organizations, and individuals. 1. LIMITATIONS: Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of parties in performing functions beyond those granted to them by law, or as requiring the parties to expend any sum in excess of its appropriations. SILD IGA No. 08-750 RE: Technical Drainage Studies by the Town of Marana for FEMA review Date: January 28, 2008 EXHIBIT A Legend MCW section Lknes TOW.Stw Li. Counties Fee C 2.7W 5,4W laam W 00 Arizona State 110. Land mpartment State Land Parcels Affected by FEMA Re-Mapping INTERGOVERNMENTAL AGREEMENT SLD IGA No. Land 2008-750 Between RE: Technical Drainage Studies by the Town Arizona State Land Department of Marana for FEMA review and Page 4 of 4 Date: January 28, The Town of Marana 2008 IX. NOTICES, PAYMENT, REPORTS, CORRESPONDENCE: For Arizona State Land Department: For The Town of Marana: Contract Officer Contract Officer Keith Fallstrom James Pregler Budget and Accounting Manager Purchasing Coordinator 1616 W. Adams 11555 W. Civic Center Drive Phoenix, AZ 85007 Marana, AZ 85653-7090 (602) 542-6735 (520) 382-1930 Field Contact Field Contact Paul Wichmann Keith Brann Manager, Southern Arizona Office Town Engineer 177 N. Church Ave. Ste. 1100 11555 W. Civic Center Drive Tucson, AZ 85701 Marana, AZ 85653-7090 (520) 209-4250 (520) 382-2600 X. SIGNATURE AUTHORITY: A. This Agreement is entered into and is effective as of the date filed with the Secretary of State. B. By signing below, the signer certifies that h e or she has the authority to enter into this agreement and has read the foregoing and agrees to accept the provisions herein. C. This IGA may be executed in counterpart. ARIZONA STATE LAND DEPARTMENT: Town of M*ana: -r-LZ?Z pna ure j Date Signature Date Jamie Hogue, Deputy State Land Commissioner EEJ VADYW-CL makioy- Typed Name and Title Typed Name and Title Arizona State Land Department -1-ow a o? Koura n 0- Entity Name 1616 W Adams Entity Name CC 115515 W. Vt?6 Ceykk-r- OCL?e' Address Address 63 BU M - Phoenix Arizona 85007 P "-cL AT, 4v city State Zip city state Zip RESERVED FOR THE ATTORNEY GENERAL: RESERVED FOR THE SECRETARY OF STATE: Attorney General No. which is an agreement between public agencies, has been reviewed pursuant to A.R.S. 11 -952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement represented by the Attorney General. Dated this Q?kq , _Q__uay of kbrL,? 2008 TERRY GODDARD The Attorney General '?ppature Assistant Al#orney General INTERGOVERNMENTAL AGREEMENT SLD IGA No. Land 2008-750 Between RE: Technical Drainage Studies by the Town na State Land Department i A of Marana for FEMA review r zo and Page 4 of 4 Date: January 28, 2008 The Town of Marana IX. NOTICES, PAYMENT, REPORTS, CORRESPONDENCE: For Arizona State Land Department: For The Town of Marana: Contract Officer Contract Officer Keith Fallstrom James Pregler Budget and Accounting Manager Purchasing Coordinator 1616 W. Adams 11555 W. Civic Center Drive Phoenix, AZ 85007 Marana, AZ 85653-7090 (602) 542-6735 (520) 382-1930 Field Contact Field Contact Paul Wichmann Keith Brann Manager, Southern Arizona Office Town Engineer 177 N. Church Ave. Ste. 1100 11555 W. Civic Center Drive Tucson, AZ 85701 Marana, AZ 85653-7090 (520) 209-4250 (520) 382-2600 X. SIGNATURE AUTHORITY: A. This Agreement is entered into and is effective as of the date filed with the Secretary of State. B. By signing below, the signer certifies that he or she has the authority to enter into this agreement and has read the foregoing and agrees to accept the provisions herein. C. This IGA may be executed in counterpart. ARIZONA STATE LAND DEPARTMENT: ,?Town ofMarana: Date Signature Dafe ? Jamie Hogue, Deputy State Land Commissioner ti j 2 e 'i , AIN "41 V'If , L 6 d Typed Name and Title T?ped Namb and Title Arizona State Land Department laln Entity Name 1616 W Adams Entity Name Ly: C- (tdf r A-I've- Address Phoenix Arizona 85007 Address 1AQ Ir'd nf A-,-i za/i a 6-5d5.3 city state Zip city State Zip RESERVED FOR THE ATTORNEY GENERAL: RESERVED FOR THE SECRETARY OF STATE: Attorney General No. , which is an agreement between public agencies, has been reviewed pursuant to A.R.S. 11 -952 by the undersigned Assistant Attorney General who NO. has determined that it is in proper form and is within the powers and 'S Fi!ed with the Secreta G authority granted under the laws of the State of Arizona to those l G t _ I ed:- enera . orney parties to the Agreement represented by the At Dated this day of -re b (, L. 2008 TERRY GODDARD Secreta f State rney General he By: I Pionature Assistant Attorney General Intergovernmental Agreement between the Arizona State Land Department and the Town of Marana The foregoing Intergovernmental Agreement between the Arizona State Land Department and the Town of Marana, SLD IGA No. 08-750 re Technical Drainage Studies by the Town of Marana for FEMA review, dated January 28, 2008, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who has 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 Town of Marana. {0000789I.DOC /)