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HomeMy WebLinkAboutResolution 97-051 IGA with MUSD for sidewalk improvements within town limitsMARANA RESOLUTION NO. 97-51 A RESOLUTION OF THE MAYOR ~ COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA UNIFIED SCHOOL DISTRICT (MUSD) REGARDING THE INSTALLATION OF A SIDEWALK AND REMOVAL AND REPLACEMENT OF MUSD IMPROVEMENTS LOCATED WITHIN THE TOWN'S RIGHT-OF-WAY. WHEREAS, pursuant to A.R.S. §§ 11-951 and 15-342, municipalities and school districts are empowered to enter into intergovernmemal agreements for the joint exercise of government powers; and WHEREAS, MUSD has requested the Town of Marana to include the installation of a sidewalk as part of the Lon Adams roadway improvements currently being planned by the Town; and WHEREAS, MUSD has agreed that it will be responsible for removal and replacement of MUSD improvements located in the Town's right-of-way where the sidewalk will be constructed, including curbs (regular and extruded), pavement, and chain-link fencing; and WHEREAS, it would be in the best interests of the Town that it work with MUSD in the installation of a sidewalk that would benefit both the Town and MUSD. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town enter into the Intergovernmental Agreement, attached hereto as Exhibit A, between the Town of Marana and the Marana Unified School District regarding the installation of a sidewalk and removal and replacement of MUSD improvements within the Lon Adams Road Right-of-Way. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 17th day of June, 1997. -/~ '.~.ap.ap.ap.ap.ap.ap~L,.( Groseclose __~/Own/G:lerk R~D~~ FORM: Mayor ORA HA~ Maraua, Arizona Resolution No. 97-51 Page 1 of 1 INTERGOVERNMENTAL AGREEMI~NT BETWEEN MARANA UNIFW~D SCHOOL DISTRICT OF PIMA COUNTY AND THE TOWN OF MARANA This Intergovernmental Agreement is entered into this /9' day of --~a~e , 1997, pursuant to A.R.S. § 11-951 etseq. and A.R.S. § 15-342, by and between the Marana Unified School District of Pima County, ("MUSD") and the Town of Mararia, Arizona, a municipal corporation ("Town") for the installation of a sidewalk on Lon Adams Road. RECITALS MUSD is a publ/c school district of the State of Arizona. The Town is a municipal corporation of the State of Arizona. The parties are authorized to enter into this agreement pursuant to the provisions of A.R.S § 11-951 et seq. and A.R.S. § 15~ 995. B. It is the mutual desire of the parties to collaborate and cooperate in the installation of a sidewalk on Lon Adams Road. C. The Mayor and Council of the Town did on the . /?' dayof -(7~a,oe , 1997, authorize the Mayor to execute this Agreement by Resolution No. c~q'.,~,, The Marana Unified School District Governing Board did on the 27gh day of , 1997, authorize the Superintendent of Schools to execute this Agreement by Resolution No. . on behalf of the Marana Unified School District Governing Board. NOW, THEREFORE, MUSD and the Town, pursuant to the above, and in consideration of the mutual representations and covenants set forth herein, do mutually agree as follows: Marana/MUSD IGA: Sidewalk on l.on Adams Page 1 of 6 AGREEMY_INT 1. Purpose 1.1 Purpose. The purpose of this Agreement is to establish the particular responsibilities of the parties in the installation of a sidewalk on Lon Adams Road. 2. Effective Date; Term 2.1 Effective date; Term. This Agreement shall become effective upon filing the original executed Agreement with the office of the Pima County Recorder, and shall continue in effect until the sidewalk is fully constructed or until sooner mated pursuant to Article 6, but in no event shall this Agreement remain in effect after December 31, 1998, 3. Obligations of MUSD and the Town 3.1 Obligations of the Town. The Town, as part of its Lon Adams Road roadway improvement project between Barnett and Grief Roads, agrees to install a sidewalk which will connect to the existing sidewalk on Grier Road and run south for approxiametly 1,276 feet, upon receipt of payment from MUSD for the improvement as described in section 3.2 below. The Town agrees to track the actual construction costs with the add alternative bid items on the construction documents. 3.2 Obligation ofMUSD. MUSD agrees to pay to the Town the actual cost of removal and replacement of MUSD's improvements and Tucson Electric Power utility poles and US West facilities (if required) located in Lon Adams right-of-way along with the construction costs of the sidewalk installation. The estimated cost to MUSD for all items is FORTY THOUSAND THRg. g. HUNDRED TWENTY-FOUR ($40,324.00) DOLLARS. 4. Status of MUSD; Officers and Employees 4.1 Status. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any parmership, joint venture or employment relationship between the parties or create any employer-employee relationship between the Town and any MUSD employee, or between MUSD 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. 5. Hold harmless; Indemnification 5.1 By the Town. The Town shall, to the extent permitted by Arizona law, indemnify, defend and hold harmless MUSD, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of the Town Marana/MUSD IGA: Sidewalk on Lon Adams Page 2 of 6 or to any act or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Agreement. 5,2 By MUSD. MUSD shall, to the extent permitted by Axizona law, indemnify, defend and hold harmless the Town, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of MUSD or to any act or omission of MUSD, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Agreement. 6. Termination,' Budget; Conflict 6.1 Termination. In addition to the termination provided in Article 2, this Agreement may be terminated by either party with thirty 00) days written notice. 6.2 Funding Sources; Budget; Non-appropriation. This Agreement and all obligations upon MUSD or the Town arising therefrom shall be subject to any limitation imposed by budget law. The parties represent that they have within thefir respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason the Mararia Unified School District Governing Board or the Mararia Town Council do 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, MUSD and the Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 6.3 Conflict. This Agreement is subject to the provisions of A.R.S. § 38-511. 7. Miscellaneou~ 7.1 Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of either MUSD or the Town. 7.2 Court action by third persons. 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 MUSD or the Town to the other by reason of such action or by reason of this Agreement. 7.3 Beneficiaries. Nothing in this Intergovernmental Agreement, whether express or implied, is intended to confer any rights 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. 7.4 Timeliness. Each of the parties, through their respective counsel, officers and employees, agree to take such actions as may be necessary to camj out the terms of this Agreement, and to cause such documents as may be necessary to be executed with reasonable prompmess. Marana/MUSD IGA: $idcwalk on Ion Adams Page 3 of 6 7.5 Compliance with laws. 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 rights and non-discrimination in employment, including, but not limited to, the Immigration Reform and Control Act of 1986 and the Americans with Disabilities Act. gaeh party shall indemnify and hold harmless the other party pursuant to Article 5, 5.1, 5.2 of this Agreement for all liability arising from failure to comply with federal and state statutes and regulations. Indemnification shall include costs of suits. 7.6 No assignment. Any assignment or attempted assignment of this Agreement by either party without the written consent of the other party shall be void. 7.7 Non-waiver. The failure of either party to insist, on any one or more instances, upon the full and complete performance of any of the terms and provisions of the Agreement to be performed on the part of the other, or to take any action penniRed 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, dther in full or in part in the future. The acceptance by either party of sums of less than may be due and owing it at any time shall not be construed as accord and satisfaction. 7.8 Notices. 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 paxties at their below mentioned addresses: David M. After, P.E., Mararia Town Engineer, 12555 N. Sanders Road, Marana, Arizona 85653; Dutch Vander Match, 11279 W. Grier Road, Marsha, Arizona 85653. 7.9 Integration,' Modification. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and correctly sets forth the rights, 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 instrument executed by the paxties and recorded with the Pima County Recorder. 7.10 Severability. 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, MUSD has mused this Agreement to be executed by the Superintendent of Schools upon resolution of the Marana Unified School District Governing Board and attested to by the Vice President of the Board, and the Town has mused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. Marana/MUSD IGA: Sidewalk on Lon Adam~ Page 4 of 6 TOWN OF Mararia Ed I-Ionea ATTEST: ~a~ice E. Mitich Vice President of the Marana Unified School District Governing Board Wade McLean Superintendent of Schools Marana/MUSD IGA: Sidewalk on Ion Adam~ Page 5 of 6 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernment~ Agreement between the Mararia Unified School District of Pima County and the Town of Mararia has been reviewed pursuant to A.R.S. § 11-952 by 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 those parties to the Intergovernmental Agreement represented by the undersigned. Mararia Unified Sch~l District of Pima//~/ounty: Wade McLean ~/ Superintendent of Scho61s .___~----ff~el J. Hochuli Attorney for Town Marana/MUSD IOA: Sidewalk on I. on Adams