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HomeMy WebLinkAboutResolution 98-081 agreement with PAG for transportation art by youthMARANA RESOLUTION NO. 98-81 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE AGREEMENT FOR SERVICES BETWEEN THE TOWN OF MARANA AND THE PiMA ASSOCIATION OF GOVERNMENTS [PAG] FOR THE 1998 SUMMER TRANSPORTATION ENHANCEMENT / TRANSPORTATION ART BY YOUTH EMPLOYMENT ART PROGRAM. WHEREAS, the Town Council applied to PAG for a twenty-five thousand ($25,000) dollar grant under the PAG 1998 Summer Transportation Enhancement / Transportation Art by Youth Projects program; and WHEREAS, the Town Council desires fifteen thousand ($15,000) dollars of this grant to be directed toward Phase II which encompasses the completion of the 1997 project of construction and engineering of an entry monument sign at the southern boundary of the Town of Marana; and WHEREAS, the Town Council desires ten thousand ($10,000) dollars of this grant to be directed toward the design and construction of mosaic identification signs at the Marana Town Hall by students with direction and cooperation by Art Eckstrom of Los Afros; and WHEREAS, the PAG 1998 Summer Transportation EnhancementJTransportation Art by Youth Projects program shall commence on or about August 1, 1998 for a duration of approximately four (4) weeks, employing eight (8) students of Marana High School. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, the Agreement for Services between the Town of Marana and the Pima Association of Governments (PAG) for funding of the 1998 Summer Transportation Enhancement/ Transportation Art by Youth Employment Art Program is approved. Marana. Arizona Resolution No. 98-81 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 72~ day of July, 1998. Mayor OIOt M~E HAt~ APPROVED AS TO FORM: Town Attomey Marana, Arizona Resolution No. 98-81 Page 2 of 2 PAG Contract AGREEMENT FOR SERVICE THIS AGREEMENT entered into this 7 day of JUL Y ,1998 by and between the Town of Maran a, hereinafter called TOWN, a corporate and body politic of the State of Arizona, and the Pima Association of Governments, an Arizona non-profit corporation, hereinafter called" P AG ", WITNESSETH WHEREAS, TOWN currently administers, or wishes to administer, a summer youth employment program to provide youth with training and experience in public art; and WHEREAS, PAG has set aside Highway User Revenue Funds for public transportation art projects as part of the youth employment program during the summer of 1998; NOW, THEREFORE, both parties agree as follows: ARTICLE I TERM: This agreement shall be effective as of the date of signature and shall terminate on June 30, 1999, unless sooner terminated or further extended pursuant to the provisions of Article V of this Agreement. ARTICLE II PURPOSE AND WORK STATEMENT In accordance with the attached letter from Michael C. Hain, Town Manager of the Town of Maran a, dated June 9, 1998, TOWN will administer projects resulting in completion of the engineering and construction of a base for an entry monument project initiated under this Program two years ago, and design and construction of mosaic identification signs at the Marana Town Hall. The projects will be done in cooperation with Los Artos through the project administrator. Students from the Marana High School will design the projects which will employ the Town logo. ARTICLE III TOWN'S DUTIES TOWN shall provide the following services: * administer the project as described above as described in Mr. Hein's letter. * recruit youth from economically disadvantaged communities in Pima County, particularly from southern Pima County. * consult with representatives of the Town and any other involved parties in determining the precise nature of the completed art work projects. * provide for review and approval of the completed art work by representatives of the Town and any other involved parties. * assume all responsibilities for the project, including cost and quality control measures for design and construction. * submit a final report to P AG no later than March 1, 1999, detailing the results of the Program. ARTICLE IV PAYMENT: A. Total payment for the term of the contract shall not exceed $ 25,000. B. P AG shall pay TOWN quarterly upon receipt of an acceptable, properly completed invoice detailing project expenditures. c. P AG shall have sole discretion to determine whether or not to pay for work done by the TOWN prior to ratification of this Agreement and to determine the amount of such payment. ARTICLE V TERMINATION FOR CONVENIENCE P AG may, at any time and without cause, cancel this Agreement by serving upon TOWN 30 days advance written notice of such intent to cancel. In event of such cancellation, P AG' s only obligation to TOWN shall be payment for services rendered prior to cancellation. ARTICLE VI CONFLICT OF INTEREST: This Agreement is subject to the provisions of A.R.S. 38-511 which provides as follows: " The State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty offurther obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract." ARTICLE vn ASSIGNABILITY: TOWN shall not assign any interest in this Agreement, and shall not transfer any interest in the same without prior written consent ofP AG thereto; provided, however, that claims for money due or to become due to TOWN from P AG under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to P AG. ARTICLE VIII INTEREST OF TOWN: TOWN covenants that, it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. TOWN further covenants that in the performance of this Agreement, no person having any such interest shall be employed. ARTICLE IX FINDINGS CONFIDENTIAL: Any reports, information, data, etc., given to, prepared or assembled by TOWN under this Agreement which P AG requests to be kept as confidential shall not be made available to any individual or organization by TOWN without prior written approval of P AG. P AG shall not, however, withhold such approvals unreasonably or in violation of applicable Federal or Arizona State Law. Publicity releases or releases of information or publications concerning this Agreement shall be coordinated with P AG prior to said release. ARTICLE X OFFICIALS NOT TO BENEFIT: No member of or delegates to the Congress of the United States of America, and no resident commissioner, shall be admitted to any share or part of the Agreement or to any benefit to arise herefrom. ARTICLE XI NONDISCRIMINATION: There shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any applicant for such employment because of race, religion, color, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. TOWN shall insert a similar provision in all contracts covered by this Agreement. ARTICLE XII AMERICANS WITH DISABILITIES ACT: TOWN shall comply with applicable provisions of the Americans With Disabilities Act (Public Law 101 336,42, U.s.e. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. ARTICLE XIII NON - WAIVER The failure ofP AG to assist in anyone or more instances upon the full and complete compliance with any of the terms and provisions of this Agreement, to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. ARTICLE XIV INDEMNIFICATION: TOWN and P AG shall each indemnifY, defend and hold harmless their own officers, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands and costs attendant thereto, arising out of any act, omission, fault or negligence by each party, its agents, employees, or anyone under its direction or control or on behalf in connection with performance of this Agreement. ARTICLE XV SEVERABILITY: Each provision of this Agreement stands alone, and any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. ARTICLE XVI OTHER DOCUMENTS: P AG and TOWN, in entering into this Agreement, have relied upon information provided in Mr. Rein's letter of interest from which information has been hereby incorporated into and made a part of this Agreement. ARTICLE XVII Funding for this contract is being provided by the Arizona Department of Transportation. P AG has no funds of its own to pay for the work being done under this contract, and therefore is not obligated to pay TOWN until P AG receives payment from the ADOT. Costs incurred by TOWN as the result of any changes by P AG and/or by TOWN outside the general Scope of this contract will not be allowed for reimbursement under this contract unless these changes and related costs have been approved by P AG in writing prior to incurring the costs. ARTICLE XVIII ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and shall not be modified, altered, amended, or changed except in writing and by mutual consent of the parties hereto. THE FOREGOING AGREEMENT was entered into by both parties on this L day of T u L 'I ,1998. TOWN OF MARANA PitA A SOCIATION OF GOV. T.S ..'JJ;U ~ c<' Ic.~_~ As P AG Regional Council Chairman and not personally. ~~.JI...- ./ Mayor APPROVED AS TO FORM APPROVED AS TO FORM ~p? ~QJ)L<:{QJb 1\G Legal Counsel