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HomeMy WebLinkAboutResolution 2002-122 agreement with bkw farms for monitoring high plains effluent recharge facilityMARANA RESOLUTION NO. 2002-122 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND BKW FARMS FOR THE DAILY MONITORING AND OPERATION OF THE MARANA HIGH PLAINS EFFLUENT RECHARGE FACILITY. WHEREAS, the Town of Marana has the responsibility for the daily monitoring and operation of the Marana High Plains Effluent Recharge Facility (MHPERF); and WHEREAS, the Town of Marana desires to contract with BKW Farms as Contractor to perform the daily monitoring and account for the effluent diversions and operation of the IVlHPERF; and and WHEREAS, BKW Farms will be paid four hundred dollars ($400) per m9nth for this work; WHEREAS, the term of the Agreement will end June 30, 2003, and shall be automatically renewed from year to year unless otherwise terminated; and WHEREAS, the Marana Water Utility Advisory Committee has approved and recommends the Agreement to Council for approval. WHEREAS, t he Mayor a nd Council h ave reviewed t he Agreement, attached hereto as Exhibit 1, and find that the terms and conditions of the Agreement are in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the Agreement, attached hereto as Exhibit "1" and incorporated herein by this reference, for monitoring and operation of the Marana High Plains Effluent Recharge Facility. BE IT FURTHER RESOLVED that expenditure of all funds required by the Agreement is approved and town staff is directed and authorized to take all steps necessary and proper to carry out the Agreement. Marana, Arizona Resolution No. 2002-122 Page 1 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 5th day of November, 2002. ATTEST: APPROVE~ ~li, Esq. As Town Attorney and not personally Mayor BOBBY SUTTON, JR.~/ Marana, Arizona Resolution No. 2002-122 Page 2 of 3 EXHIBIT "1" Marana, Arizona Resolution No. 2002-122 Page 3 of 3 CONTRACT FOR PERSONAL SERVICES This Agreement made and entered into this 5th day of November, 2002 by and between BKW Farms, Inc., hereinafter designated as "CONTRACTOR, and the Town of Harana, a municipal corporation organized and existing under and by virtue of the laws of the State of Arizona, hereinafter designated as "TOWN". CONTRACTOR AND TOWN, FOR THE CONSIDERATION HEREINAFTER SET FORTH PROMISE, COVENANT AND AGREE AS FOLLOWS: 1. Employment of Contractor: In consideration of the mutual promises contained in this Agreement, the Town engages the Contractor to render services as described in and in accordance with all the terms and conditions contained in this Agreement. 2. Scope of Work: Contractor shall provide the labor and equipment and perform the dally monitoring and operation for the Marana High Plains Effluent Recharge Facility ("NIHPERF') as necessary and appropriate to keep the MHPERF in operation and receive and. to account for effluent diversions at the MHPERF. Daily monitoring and operations ("WORK") will include, but not necessarily be limited to, the following: Receipt of effluent orders from Cortaro Marana Irrigation District ("CMID'), in coordination with Pima County Flood Control District ("COUNTY"), hereinafter referred to as the "EFFLUENT SCHEDULE"); Implement the Effluent Schedule; Monitor pump operation and effluent flow; Perform general lubrication and simple maintenance; Operate valves to direct effluent flow; Record flowmeter and basin level/coverage; Inspect the MHPERF and report maintenance and repair issues, accidents and vandalism; Secure the MHPERF upon exiting the site; and Provide a completed daily log to Pima County Flood Control District, CMID and Town by facsimile or other mutually agreeable method. Daily monitoring and operations does not include repairs and maintenance beyond general lubrication and simple maintenance and Contractor shall not be responsible for such repairs or maintenance. Contractor may perform such additional repairs and maintenance if approved in writing by Town's Utilities Director based upon a written estimate of the cost thereof; provided, however, no agreement for such additional repairs and maintenance shall be enforceable against Town for more than $150.00 unless approved or ratified by the Town Council. 3. Independent Contractor: Contractor agrees he is an independen-~ contractor and not an agent or employee of the Town, for all purposes including the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, the withholding of income tax under the Tncome Tax Act, the Arizona Workman's Compensation Act, the Arizona Economic Security Act, and any and all other applicable federal or state statutes, rules or regUlations. Contractor shall not be eligible for any bonuses, vacations, sick pay or any similar benefits which Town might afford to and which might accrue to employees of Town. Contractor shall supervise and direct the work to be done, using his best skill and attention. Contractor shall be solely responsible for all means, methods, techniques, sequences, procedures and for coordinating all portions of the Work. Contractor shall be responsible to the Town for the acts and omissions of his employees, subcontractors and their agents and employees, and other persons performing any of the Work. 4. Labor and Materials: Unless otherwise provided in this Agreement, Contractor shall provide and pay and shall insure under the requisite laws and regulations for all labor, materials, equipment, tools and transportation, and other facilities and services necessary for the proper execution and performance of the Work. 5. Permits and Fees: Unless otherwise provided in this Agreement, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of this Agreement and which are legally required. Contractor shall give ali notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. Contractor shall not be responsible for securing Underground Storage Facility Permits, Storage Permits, Recovery Permits, and Aquifer Protection Permits. 6. ]:ndemnification: Contractor shall appear and defend and pay the cost thereof, indemnify and hold harmless Town and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, tangible property, including the loss of use 2 resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in connection with the performance of the Work. 7. .Responsibility of the Town. The Town shall cooperate with the Contractor by placing at his disposal all available information concerning the site of the HHPERF, including assistance in obtaining necessary access to the HHPERF. 8. Governing: The laws of the State of Arizona shall govern this Agreement. 9. Insurance: The Contractor shall purchase and maintain such insurance and designate Town, County and CHID as an additional insured in an amount deemed appropriate by Town as will protect him, Town, County and CHID from claims set forth below which may arise out of or result from the Contractor's performance of the Work whether such Work be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: Claims under worker's or workman's compensation, disability benefit and other similar employee benefit acts; Claims for damages because of bodily injury, occupational sickness or disease or deaths of its employees; Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of any offense whether directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. If required by Town, County or CMID, Certificates of Insurance acceptable by Town, County and CHID shall be filed with Town, County and CMID as directed by Town, County and CHID. The Certificates shall contain a provision that coverage is suppodced and that the policies will not expire, be cancelled or changed during the current term of this Agreement. 10. ~. Contractor shall be paid FOUR HUNDRED DOLLARS ($400.00) per month during the term of this Agreement. Payment shall be due and payable on the 20th day of each month commencing with the second month after the Effective Date of this Agreement and continuing until the month following termination of this Agreement. 11. Effective Date and Term: The initial term of this Agreement shall commence November 5, 2002 (the "Effective Date") and terminate June 30, 2003. The term shall automatically be renewed from year to year thereafter unless otherwise terminated by either party. Either Town or Contractor may terminate this Agreement at any time by the terminating party providing not less than thirty (30) days written notice of the termination date to the other party, or by mutual agreement on any termination date. Contractor shall be paid for services rendered and, if terminated during a month, on a pro-rata basis for the portion of the month the Agreement was in effect and Contractor was performing services thereunder. 12. Successors and Assiqn,~: The Town and the Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Town. 13. Riqhts and Remedie~: The duties and obligations imposed by the Agreement documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Town or Contractor shall constitute a waiver of any right or duty afforded any of them under the Agreement, nor shall any action or failure to act constitute an approval of or acquiescence and any briefs thereunder, except if may be specifically agreed in writing. 14. Third Party Beneficiaries: County and CMID are intended third party beneficiaries of this Agreement. 15. Sole A reement. There are no understandings or agreements except as herein expressly stated. 4 16. Caption. Paragraph captions are for convenience only and are not to be construed as a part of this Agreement; and in no way do they define or limit the Agreement. 17. _Time is of the Essence. The timely completion of the Project is of critical importance to the economic circumstances of the Town. 18. Notice and Correspondence: Any Notice to be given under this Agreement shall be in writing, shall be deemed to have been given when personally served or when mailed by certified or registered mail, addressed as follows: TOWN: Town of Marana Utilities Director :12775 N. Sanders Road Marana, AZ 85653 With copies to: Cortaro-Marana Irrigation District 12253 W. Grief Road Marana, AZ 85653 And copy to Pima County Flood Control District David Scalero, Senior Hydrologist 20:1 N. Stone Ave., 4th Floor Tucson, AZ 85701 CONTRAC1-OR: BKW Farms, Inc. Bing K. Wong Jr., President P. O. Box 186 Marana, AZ 85653-0:186 Either party may change the address for receiving notice from time to time by serving notices as provided above. Any correspondence relating to this Agreement or the performance of Work hereunder shall be copied to Contractor, Town, County and CHID. 19. ~: Should litigation be necessary to enforce any term or provision of this Agreement or to collect any damages claimed or portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, court costs, and attorneys fees shall be paid to the prevailing party. Nothing herein shall preclude non-binding arbitration if they so elect in the event of a dispute hereunder. IN WZTNESS WHEREOF the parties hereto have caused this Agreement to be executed, the day and year first herein written. TOWN OF MARANA By A'FFEST: Town Clerk APPROVED AS TO FORM: As Town Attorney and not personally CONTRACTOR BKW Farms, Inc. By Binq K. Wonq, Jr. Title President 1645/DOCUMENTS/Contract for Personal Services. High Plains 6