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HomeMy WebLinkAboutResolution 2000-014 GTEC agreement for duesf.. MARANA RESOLUTION NO. 2000-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING AN AGREEMENT WITH THE GREATER TUCSON ECONOMIC COUNCIL FOR THE ADVANCE PAYMENT OF MEMBERSHIP DUES, AND FOR THE USE OF SAID DUES FOR A SPECIFIC PURPOSE. WHEREAS, the Greater Tucson Economic Council (GTEC) serves as the primary development agency for the Tucson metropolitan area, including Marana, with the goal of business recruitment, retention and expansion; and WHEREAS, Marana's membership dues for fiscal year 1999/2000 were fifty thousand ($50,000.00), and Marana intends to pay, in advance, its dues for the next succeeding four years as provided hereinatler; and WHEREAS, GTEC receives public fimding from various governments in the region, including Marana, and now desires to increase its funding from the private sector by retaining the services of a fund raising firm; and WHEREAS, GTEC is without sufficient funds to retain the services of such firm, and desires that Marana accelerate its contributions in order to provide the funding to such finn. NOW, THEREFORE, be it resolved by the Mayor and Council of the Town of Marana, Arizona, that the Agreement with GTEC, providing for the advance payment of membership dues, and the use of said monies, attached hereto as Exhibit A, is hereby approved. BE IT FURTHER RESOLVED that the Town's Officers and staff are authorized to execute and deliver the Agreement and take all acts necessary to implement its purposes. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of February, 2000. yortl o v surro , Ja ATTEST: ///Jocelyn ~. Entz Town Clerk Marana, Arizona Resolution No. 2000-14 Page 1 of 2 -~'-D~ni~l j.'~Hc~i,'~sq. As Town Attorney and not personally Marana, Arizona Resolution No. 2000-14 Page 2 of 2 AGREEMENT TOWN OF MARANA, ARIZONA GREATER TUCSON ECONOMIC COUNCIL THIS AGREEMENT is made and entered into this 'l,~,,/-d-- day of February, 2000, by and between the Town of Marana, Arizona, a municipal corporation (hereinafter "Town"), and the Greater Tucson Economic Council (hereinafter "GTEC"). WHEREAS, GTEC serves as the primary development agency for the Tucson metropolitan area, including the Town, with the goal of business recruitment, retention and expansion; and WHEREAS, Town's membership dues for fiscal year 1999/2000 were fifty thousand ($50,000.00), and Town intends to pay, in advance, its dues for the next succeeding four years as provided hereinafter; and WHEREAS, GTEC receives public funding fi.om various governments in the region, including Town, and now desires to increase its funding fi.om the private sector by retaining the services of a fund raising firm; and WHEREAS, GTEC is without sufficient funds to retain the services of such firm, and desires that Town accelerate its contributions in order to provide the funding to such fn'm. NOW, THEREFORE, for and in consideration of the mutual covenants, promises and consideration hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which is mutually agreed and acknowledged, the parties agree as follows. 1. Effective Date; Term. 1.1. · This Agreement shall be effective upon signing by all parties, and shall continue in force until June 30, 2004, or until sooner terminated pursuant to the provisions of this Agreement. 1.2. This Agreement may only be renewed by subsequent agreement of the parties, executed with the same formality as this Agreement. 2. Funding by Town. 2.1. Town agrees that it shall reserve the sum of two hundred thousand ($200,000.00) dollars to be provided to GTEC as set forth herein. The parties specifically agree that this sum represents the Town's membership dues to GTEC for fiscal years 2000/2001, 2001/2002, 2002/2003, and 2003/2004. 2.2. Town shall hold these funds in its general accounts, and shall disburse a portion of these funds, from time to time, as requested by GTEC and as provided herein. Page 1 of 5 o . 2.3. Town shall continue its support, financially and otherwise, to GTEC and to its goal of economic strength and growth in the region, including within the limits of the Town. GTEC Obligations. 3.1. GTEC specifically acknowledges that the payment by Town provided herein shall constitute the full payment of dues by Town for the above mentioned years, and it shall in no way limit Town's membership, authority or position in GTEC. 3.2. Throughout the term of this Agreement, Town shall continue to maintain a seat on the executive board of GTEC. 3.3. The funds advanced by Town pursuant to this Agreement will be used exclusively for the payment for the services of National Community Development Services, Inc. (hereinafter "NCDS"), for the specific purpose of increasing private funding for GTEC. In the event payment is not due NCDS, Town's obligation for payment hereunder shall cease. 3.4. The payment set forth herein shall be made in periodic payments. When funding to pay NCDS is needed by GTEC, it shall present a written request to the Town, setting forth the funds needed, the purpose for such funds, copies of invoices from NCDS indicating the need for payment, and any other documentation reasonably requested by Town. 3.5. Within thirty (30) days of receipt of each written request, the Town shall present payment to GTEC, provided that the Town is satisfied that the funding is needed and is in compliance with the terms of this Agreement. 3.6o GTEC agrees that it shall be solely responsible for any debt to NCDS, and this Agreement shall not create any responsibility for Town to pay any debt to NCDS. Status of GTEC; Officers and Employees. 4.1. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between Town and GTEC, or between GTEC and any Town employee. 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 any of its employees or GTEC's obligations to NCDS. Page 2 of 5 . . Suspension or Discontinuance of Services; Termination. 5.1. This Agreement may be terminated by either party at will by giving thirty (30) days prior written notice of termination to the other party. Such termination shall not relieve either party fi.om those liabilities or costs already incurred under this Agreement. This Agreement may be terminated by the Town for conflict of interest pursuant to A.R.S. Section 38-511. 5.2. This Agreement and all obligations upon Town arising therefrom shall be subject to any limitation imposed by budget law. The Town represents that it has within its budget sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason the Marana Town Council does not appropriate sufficient monies for the purpose of maintaining this Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, GTEC and Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. Miscellaneous Provisions. 6.1. If this Agreement is determined, in whole or in part, to be void by court action brought by third persons, there shall be no liability on the part of GTEC or Town to the other by reason of such action or by reason of this Agreement. 6.2. Nothing in this Agreement, whether express or implied, is intended to confer any fights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective successors and permitted assigns. 6.3. Each of the parties, through their respective counsel, officers and employees, agree to take such actions as may be necessary to carry out the terms of this Agreement, and t0cause such documents as may be necessary to be executed with reasonable promptness. 6.4. Each party to this Agreement shall comply with all applicable federal and state statutes and regulations. Each party shall comply with all applicable legal requirements relating to civil fights and non-discrimination in employment, including the Immigration Reform and Control Act of 1986 and the Americans with Disabilities Act. 6.5. Any assigmnent or attempted assignment of this Agreement by either party without the written consent of the other party shall be void. 6.6. Any and all notices, requests or demands made upon the parties hereto, pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as agreed by both parties. Page 3 of 5 above. 6.7. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and correctly sets forth the fights, duties and obligations of each to the other as of its date. All'prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions hereof may be abrogated, modified, rescinded or amended in whole or in part only by written instxument executed by the parties with the same formality as this document. 6.8. The failure of either party to insist, in any one or more instances, upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the fight to insist upon full and complete performance of the same, or any other covenant or condition, either in full or in part or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. 6.9. In the event that any provision, or any portion of any provision, of this Agreement, or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provisions of this Agreement shall be deemed to be severable. In witness whereof, the parties hereto enter into this Agreement on the date first written ATTEST: /./Town Cl~rk ~.~ TOWN OF MARANA Bobby~u~n ~. Mayor Greater Tucson Economic Council by: its Page 4 of 5 The foregoing Agreement has been reviewed by the undersigned, who has determined that it is in proper form and is within the powers and authority granted to the Town of Marana under the laws of the State of Arizona. as Town Attorney and not personally Page 5 of 5