HomeMy WebLinkAboutResolution 2006-067 IGA with pima county for the santa cruz river park/rattlesnake park
F. ANN RODRIGUEZ, RECORDER
RECORDED BY: LAM
DEPUTY RECORDER
6 54 5 AS 2
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PIMA CO CLERK OF THE BOARD
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20061220543
06/26/2006
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AMOUNT PAID
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RESOLUTION NO. 2006 - 137
RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN PIMA COUNTY, THE PIMA COUNTY FLOOD CONTROL DISTRICT, AND
THE CITY OF MARANA FOR IMPLEMENTATION OF THE SANTA CRUZ RIVER PARK
IN THE VICINITY OF CONTINENTAL RANCH (District 3)
Whereas, Pima County ("County") is authorized by AR.S. S 11-251 and 11-934 to order
construction, reconstruction or acquisition of drainage ways and channels, parks and trail systems, and
Whereas, the Pima County Flood Control District ("District") is authorized by AR.S. S 48-3603 to
enter into intergovernmental agreements with other public agencies for the purpose of constructing, acquiring,
and maintaining drainage and flood control works, and
Whereas, the Town of Marana ("Town") is authorized by AR.S. SS 48-572(5) and 9-276 to order the
construction, reconstruction or acquisition of drainage ways and channels, and parks and trail systems, and
Whereas, the County, District and Town wish to cooperate in the design and construction of the Santa
Cruz River Park Project in the vicinity of Continental Ranch which includes drainage, channel, and bank
protection improvements, along with river park improvements including landscaping and public trails, and
Whereas, the Pima County Board of Supervisors included the Project in the 2004 Bond
Implementation Plan, Pima County Ordinance Number 2004-18 ("2004 Bond Ordinance") which was
approved by the voters at the May 18, 2004, Special Bond Election, and
Whereas, the Project is currently estimated to cost $7,730,000 (FC5.09 and P-44), which will be
funded by 2004 County Bond Funds in accordance with Section VII(E)(l)(C)(5.5) ofthe 2004 Bond
Ordinance and the May 1997 Bond Ordinance, a grant to the Town of Marana by the Arizona Department of
Transportation of $998,000, developer impact fees collected by the Town, including those collected pursuant
to Intergovernmental Agreement No. 01-04-M-123994-0198, currently estimated at $1,875,000, and District
tax levy funds in the amount of $357,000, and
Whereas, the Town shall design and construct the Project in accordance with an intergovernmental
agreement between the parties and the District shall provide technical oversight of the design and construction
in accordance with Section VII (E)(l)(C)(5.5) of the 2004 Bond Ordinance, and
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Whereas, the Mayor and Council of the Town of Marana have approved and executed the
intergovernmental agreement at their council meeting on May 17, 2006 (Resolution No. 2006-67),
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NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED, BE IT
RESOLVED THAT:
1. The County shall enter into the intergovernmental agreement with the Pima County Flood Control
District and the Town of Marana to defme the terms and conditions under which the Santa Cruz
River Park Project in the vicinity of Continental Ranch Project is to be engineered, financed and/"
constructed. .!;J
Pima C01.lnty BOdrd of Sup-:?r\ri~:;or~;
Resolu!:ion No. 2006- 137
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2. The Chair of this Board is hereby authorized and directed to sign the agreement for the Board.
3. The various Pima County officers and employees are hereby authorized and directed to perform all
acts necessary and desirable to give effect to this Resolution.
PASSED, ADOPTED AND APPROVED this 20th day of
June
,2006.
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RESOLUTION NO. 2006 - FC 8
RESOLUTION OF THE PIMA COUNTY FLOOD CONTROL DISTRICT BOARD OF
DIRECTORS APPROVING AND AUTHORIZING THE EXECUTION OF AN .
INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, THE PIMA COUNTY
FLOOD CONTROL DISTRICT, AND THE CITY OF MARANA FOR IMPLEMENTATION
OF THE SANTA CRUZ RIVER PARK IN THE VICINITY OF CONTINENTAL RANCH
(District 3)
Whereas, Pima County ("County") is authorized by A.R.S. 9 11-251 and 11-934 to order
construction, reconstruction or acquisition of drainage ways and channels, parks and trail systems, and
Whereas, the Pima County Flood Control District ("District") is authorized by A.R.S. 948-3603 to
enter into intergovernmental agreements with other public agencies for the purpose of constructing, acquiring,
and maintaining drainage and flood control works, and
Whereas, the Town of Marana ("Town") is authorized by A.R.S. 9948-572(5) and 9-276 to order the
construction, reconstruction or acquisition of drainage ways and channels, and parks and trail systems, and
Whereas, the County, District and Town wish to cooperate in the design and construction of the Santa
Cruz River Park Project in the vicinity of Continental Ranch which includes drainage, channel, and bank
protection improvements, along with river park improvements including landscaping and public trails, and
Whereas, the Pima County Board of Supervisors included the Project in the 2004 Bond
Implementation Plan, Pima County Ordinance'Number 2004-18 ("2004 Bond Ordinance") which was
approved by the voters at the May 18, 2004, Special Bond Election, and
Whereas, the Project is currently estimated to cost $7,730,000 (FC5.09 and P-44), which will be
funded by 2004 County Bond Funds in accordance with Section Vll(E)(1)(C)(5.5) of the 2004 Bond
Ordinance and the May 1997 Bond Ordinance, a grant to the Town of Marana by the Arizona Department of
Transportation of$998,000, developer impact fees collected by the Town, including those collected pursuant
to Intergovernmental Agreement No. 01-04-M-123994-0l98, currently estimated at $1,875,000, and District
tax levy funds in the amount of$357,000, and
Whereas, the Town shall design and construct the Project in accordance with an intergovernmental
agreement between the parties and the District shall provide technical oversight of the design and construction
in accordance with Section VII (E)(1)(C)(5.5) of the 2004 Bond Ordinance, and
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Whereas, the Mayor and Council of the Town of Marana have approved and executed the
intergovernmental agreement at their council meeting on May 17, 2006 (Resolution No. 2006-67),
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NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED, BE IT
RESOLVED THAT:
1. The District shall enter into the intergovernmental agreement with Pima County and the Town of
Marana to defme the terms and conditions under which the Santa Cruz River Park Project in the
vicinity of Continental Ranch Project is to be engineered, financed and constructed.
~lma C011nty Flood Centrol District
Board of Directors
Resol"ut::icn No. 2006- FC-B_
2. The Chair of this Board is hereby authorized and directed to sign the agreement for the Board.
3. The various District officers and employees are hereby authorized and directed to perform all acts
necessary and desirable to give effect to this Resolution.
PASSED, ADOPTED AND APPROVED this 20th day of
June
,2006.
PIMA COUNTY FLOOD CONTROL DISTRICT
BOARD OF CTORS
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MARANA RESOLUTION NO. 2006-67
RELATING TO PARKS & RECREATION; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE
SANTA CRUZ RIVER PARK/RATTLESNAKE PARK PROJECT.
WHEREAS, the 1997 and 2004 Pima County bonds authorized a total of$4,500,000 for the
"Santa Cruz River Park in the Vicinity of Continental Ranch" and "Marana Rattlesnake Park" pro-
jects; and
WHEREAS, these projects are carried out in the intergovernmental agreement between Pima
County, the Pima County Flood Control District and the Town of Maran a which is the subject of this
resolution; and
WHEREAS, the Mayor and Council ofthe Town of Marana feel it is in the best interests of
the public to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between Pima County, the Pima
County Flood Control District and the Town of Marana in substantially the form attached to and in-
corporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is
hereby authorized to execute it or a substantially similar document for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Coun il ofthe Town of Maran a,
Arizona, this 17tli day of May, 2006. ..
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FJC 51/5120064:26 PM
CONTRACT
NO. o;'5f-1I!./jf//r..tfG~{,
AMENDMENT NO,
This numcer m.s: a:::ar on all
invoices. corr;:cc~:::~:e and
documents c;":a ""; to this
contract.
Intergovernmental Agreement Between Pima County , Regional Flood
Control District and the Town of Marana for the Santa Cruz River Park in
the Vicinity of Continental Ranch May 2004 Bond FC5.09 Project and
May 1997 Marana Rattlesnake Park P-44 Project
This Agreement is entered into by and between Pima County, a body politic and
corporate of the State of Arizona ("County"), Regional Flood Control District "District",
and the Town of Marana ("Town") pursuant to Arizona Revised Statutes (A.R.S.)
Section 11-952.
Recitals
A County is authorized by AR.S. S 11-251 and 11-934 to order construction,
reconstruction or acquisition of drainageways and channels, and parks and trail
systems.
B. District is authorized by AR.S. S 48-3603 to order construction, reconstruction or
acquisition of drainageways, channels and other flood control structures.
C. Town is authorized by AR.S. S 48-572(5) and 9-276 to order construction,
reconstruction or acquisition of drainageways and channels, and parks and trail
systems.
D. County, District, and Town wish to cooperate in the design and construction of
the Santa Cruz River Bank Protection Project, River Park Project, and the
associated Rattlesnake Park Project in the Vicinity of Continental Ranch to
provide for drainage, channel improvements and trails and recreation. (the
Projects"). County, District, and Town may contract for services and enter into
agreements with one another for joint or cooperative action pursuant to A.R.S. S
11-952.
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E. A Special Bond Election was held in Pima County on May 18, 2004 and in May
20, 1997 in which the citizens of Pima County voted to approve the issuance of
Pima County General Obligation Bonds to fund various public projects.
F. Pima County Ordinance No. 2004-18 and Ordinance 1997-35 as subsequently
amended by Ordinance Nos. 1998-58,2001-111, and 2004-15 (the "Bond
Ordinances") lists the Project as an approved 2004 bond-funded project (see
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May 18,2004 Question Number 5 River Parks and Flood Control hnprovement,
Project FC5.09, Santa Cruz River in the Vicinity of Continental Ranch (Bank
Protection Project and River Park Project), and the May 20, 1997 Question 3
Parks, Project P-44 Rattlesnake Park (Park Project). The Bond Ordinances
allocates $4,000,000 for FC5.09 consisting of $2,000,000 for the Bank
Protection Project and $2,000,000 for the River Park Project, and $500,000 for
P-44 in bond proceeds for the Park Project. This amount, less 2.5%, which shall
be retained by the County to recover a portion of the County's administrative
costs associated with this project, shall be referred to herein as the "Allocated
Maximum Amount."
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G. The Projects are-currently estimated to cost approximately $7,230,000 for
FC5.09 and $500,000 for P-44. Other funding sources are a grant to the Town
of Maran a from the Arizona Department of Transportation for $998,000, the
Regional Flood Control District for Cortaro Mesquite Bosque, and developer
impact fees collected by the Town including those collected pursuant to
Intergovernmental Agreement No.01-04-M-123994-0198 and subsequent
amendments. Projects constructed in whole or in part with bond proceeds are
subject to the guidelines for bonding disclosure, accountability and
implementation of County bond projects in other jurisdictions contained in Pima
County Code Chapter 3.06 and in the Bond Ordinance.
H. Town and District shall advertise, award, execute and administer the design and
construction contracts for their respective Projects and shall, after completion of
the Project, operate and maintain it for the purposes described in the Bond
Ordinance for at least twenty-five years.
1. County will reimburse District and Town in an amount not to exceed the
Allocated Maximum Amount, for actual, documented Project-related expenses
(other than District's and Town's administrative costs) not reimbursed from other
funding source.
J. Construction of the Projects are currently scheduled to commence on or before
May 1, 2006, subject to acquisition of all necessary permits, easements and
environmental clearances, and is currently estimated to be completed
approximately 36 months after the start of construction.
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NOW THEREFORE, County, District and Town, pursuant to the above, and in
consideration of the matters and things hereinafter set forth, do mutually agree as follows:
1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the
parties for the design, construction, maintenance and operation of the Project and to
address legal and administrative matters among the parties.
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2. Projects. The Projects consist of the design and construction of the following
Projects as described in the Bond Ordinance:
a. The Town is developing construction plans and specifications for bank
protection on the west bank ofthis segment of the Santa Cruz River between Ina
Road and Cortaro Road (Bank Protection Project), as part of the development of
the River Park Project and a regional park (park Project) that was authorized in
Pima County's 1997 General Obligation Bond election. The County is providing
bond funding for the park and bank protection.
b. The Town of Maran a is also working with ADOT to construct a paved and a
decomposed granite pathway along the western low flow bank of the Santa Cruz
River beginning south of Cortaro Road and ending north of the proposed Twin
Peaks Road and the FCD Cortaro Mesquite Bosque Project. ADOT will provide
$998,000 of the total estimated project cost of$I,200,000 from the Marana
Shared Use Pathway Concept Project.
c. The Project includes construction of an underpass ramp at Cortaro Road,
landscaping and irrigation along the pathways, and associated river park
infrastructure. This proposal includes the construction costs for the bank
protection, and the cost of developing a landscape linear park along side the bank
protection that would connect with the Marana Shared Use Pathway.
3. Design and Construction Responsibilities. The Town shall design and construct
the Santa Cruz River Park Project and the Rattlesnake Park Project including the
river trails and pathways in accordance with the plans and specifications
cooperatively reviewed and approved by the parties, as described below. District
shall be responsible for construction of the Santa Cruz River Bank Protection
Project improvements and associated flood control features as designed and
permitted by the Town.
a. Standards. District and Town shall design and construct these Projects in
compliance with all applicable building standards and codes, in compliance with
Title 34 of the Arizona Revised Statutes, and in a good and workmanlike
manner.
b. Public Art. Town shall manage the Pima County Public Art Program for the
Project in compliance with the Pima County Board of Supervisors Policy C3.3
and Pima County Administrative Procedure 3-16.
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c. Environmental Compliance. Town shall prepare and incorporate into the
planning, design, and construction of the Project, responses to all applicable
local, state and federal environmental requirements, including but not limited to
hydrologic and geotechnical investigations, compliance with the Pima County
Native Plant Preservation Ordinance, protection of species identified by the
Arizona Game & Fish Department and the U.S. Department ofFish and
Wildlife Service as being endangered, threatened, or of concern (such as the
cactus ferruginous pygmy-owl), and compliance with the National Pollution
Discharge Elimination System (including preparation of a Storm Water
Pollution Prevention Plan).
d. Cultural Resources. Town shall consider potential impacts to cultural and
historical resources in the Project planning and design phases through inventory,
evaluation and impact assessment, and seek to avoid impacts to these resources
in accordance with applicable local, state, and federal historic preservation laws
and regulations. If impacts are unavoidable, a mitigation treatment plan will be
prepared in consultation with Pima County, the State Historic Preservation
Office, and other agencies as appropriate, and implemented prior to
construction.
4. Design.
a. Consultants. If consultants are employed to design any portion of these Proj ects,
the Town shall prepare the contracts for design and choose the consultants. The
Town shall have the usual rights of the owner of a public design contract,
including the authority to approve changes and make payments, subject to
coordination with the County, as described below.
b. Design Standards and Features; Cooperation. County and Town and District
shall meet to coordinate design standards (meaning the applicable codes and
industry standards that apply to these Projects) and design features (meaning the
elements to be included in the Project) prior to the preparation of final plans and
specifications. The parties shall work cooperatively to agree upon the Project
design. County design and field personnel shall work with their counterparts in
the Town and District for coordination purposes. Coordination shall include
meetings and information exchanges between corresponding personnel at all
levels for these Projects.
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5. Review of Bids; Termination. District shall solicit bids, and award construction
contracts for the Bank Protection Project and the Town shall solicit bids, and award
construction contracts for River Park and Park Projects and improvements in
compliance with Title 34 of the Arizona Revised Statutes.
a. County Review. Town and District shall provide County and each other the
opportunity to review and comment on the solicitations for all construction
contracts for these Projects, including relevant scopes of work, prior to the
issuance of such solicitations by Town.
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b. Bids in Excess of Available Funds. If the lowest responsible bid exceeds the -
available funds for the Project, the parties shall conduct a joint review of the
bids immediately following opening and consult upon a course of action. The
parties may terminate this agreement by mutual consent. If the parties agree to
continue with the Project at the higher cost, the Bond Ordinance and this
Agreement will need to be amended as provided in Section 21 below.
c. Division of Costs. If, upon joint review of the bids, the parties elect to not
proceed with the Project and this Agreement is terminated by mutual consent
(whether pursuant to paragraph (a) above, or otherwise), the costs incurred prior
to such termination shall be allocated equally to Town, District and County.
6. Construction. Town and District shall administer their respective construction
contracts for their Project in accordance with the requirements of Title 34 aild in
accordance with the Construction Schedule (as defined below). Town and District
shall have the usual rights of the owner of a public construction contract.
a. Construction Schedule. For their respective projects, Town and District shall be
responsible for preparing a construction schedule (the "Construction Schedule")
showing the anticipated timing and duration of each stage of construction. A
preliminary Construction Schedule shall be provided by Town and District, for
their respective projects, to County within thirty days after recordation ofthis
Agreement. A final Construction Schedule shall be established and provided to
County within thirty days after award of the construction contract(s) by Town
and District. This Construction Schedule may be combined with the
Reimbursement Schedule described later in this Agreement.
b. Change Orders and Amendments. Town and District shall consult with
County, for their respective projects, on all requests for change orders and
contract amendments with an estimated cost of more than $10,000, prior to
approving or signing them.
c. Contract Claims. Town and District, for their respective projects, shall afford
County the opportunity to review and comment on all contract claims prior to
resolution thereof.
d. Signage. County shall have the right to install signage at the construction site in
a location of its choosing, provided that the sign does not interfere with the
construction, announcing that the Project is a County bond-funded project, and
listing the names of the members of the Board of Supervisors.
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7. Utility Relocations. For their respective projects, Town and District shall coordinate
all utility relocations for the Project.
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8. Rights of Way and Construction Easements. For their respective projects, the
District and the Town shall acquire, either by purchase or through its power of
eminent domain, all rights of way and construction easements necessary for the
Project. Town shall acquire, either by purchase or through its power of eminent
domain, all rights of way and construction easements necessary for that portion of the
Project that are associated with park improvements and District shall acquire, either
by purchase or through its power of eminent domain, all rights of way and
construction easements necessary for that portion of the flood control improvements
along the Santa Cruz River. Each party shall share with the other any records or
documents in its possession that will assist the other party in the acquisition of any
rights of way and construction easements necessary for the Project.
9. Right of Entry. Execution of this Agreement by the parties grants Town the right to
enter upon County and District owned-property for the purpose of constructing the
Project, and grants the County and the District the right to enter upon property owned
by the Town for the purposes of inspection of the Project as set forth herein.
to. Project Permits. Town shall obtain any approval, permission or permits necessary
for the Project. Each party shall cooperate with the other to obtain all pennits
necessary for completion ofthe Project and shall waive all fees associated with said
permits.
11. Public Participation. County and Town shall cooperatively manage the public
participation processes for the Project. The Town shall coordinate all publicity or
public participation activities with County and shall coordinate all public meetings on
the Project in compliance with the Pima County Board of Supervisors Policy 3.5,
Notification to Board of Supervisors of Public Meetings to be Held in their District
and Pima County Administrative Procedure 3.8, Implementation of Pima County
Policy 3.5, copies of which are attached hereto as Exhibit A.
12. County Contribution. Town and District shall acknowledge the County's
contribution to the Project at any public participation event in a form approved by
County. Examples of acceptable forms of reco gnition include, hut are not limited to,
signs, permanent plaques, opening ceremonies and press releases.
13. Project Manager and Representatives. Town and District, for their respective
projects, shall furnish a Project Manager for the Project and County shall designate a
representative (the "County Liaison") to be a liaison with the Project Manager during
construction of the Project.
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14. Disputes. In the event the Project Manager and County Liaison disagree on any
aspect of the Project, the issue in dispute shall be submitted to the County
Administrator, representing the County and District, and the Town's Mayor for
resolution.
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15. Financing of the Project. County shall reimburse Town and District, for their
respective projects, for Project expenses (which shall not include Town's and
Form IGA 2004 Bond Projects Rev. 2-18-05
6
District's administrative costs), in the manner set forth herein, up to the Maximum-
Allocated Amount, and according to the expense allocation in the Bond Ordinance.
No County bond funds in excess of the amount set forth herein and in the Bond
Ordinance may be expended for the Project without the prior amendment of the
Bond Ordinance and this Agreement by the Board of Supervisors. Town and District
shall pay all costs of the Project in excess of the Allocated Maximum Amount
described in the Recitals
16. Reporting and Payment Responsibilities.
a. Reimbursement Schedule. Town and District, for their respective projects, shall,
within thirty (30) days after recordation of this Agreement, submit to County a
preliminary schedule (the "Reimbursement Schedule") showing the anticipated
dates and amounts of requests from the Town and District for reimbursement
of project expenses incurred and paid by the Town and District
("Reimbursement Requests"). A final reimbursement schedule shall be
established and submitted within thirty (30) days after award ofthe construction
contrast(s). The Reimbursement Schedule may be combined with the
Construction Schedule.
b. Reimbursement Requests. Within 10 days of the end of each month, starting on
the date indicated in the Reimbursement Schedule, Town and District shall
submit to County a Reimbursement Request, for their respective projects,
together with supporting documentation, in accordance with the Reimbursement
Schedule, for Project expenses paid by Town and District since the last
Reimbursement Request. As Project Manager, Town and District shall be
responsible for verifying the accuracy of all invoices submitted by contractors,
and shall, as part of its Reimbursement Requests, certify that said invoices have
been paid by Town and District (less any retention held by Town or District)
prior to requesting reimbursement from the County.
c. Payment of Reimbursement R,equests. County shall review each monthly
Reimbursement Request and, if County does not approve the request, County
shall notify Town and District of its disapproval, and the reason for it, within
seven (7) days after receipt of the Reimbursement Request. If County does not
disapprove the Reimbursement Request, County shall pay the Reimbursement
Request within twenty-one (21) days after receipt of the Reimbursement
Request (except as set forth below with respect to the final accounting and
payment).
d. Monthly Progress Reports. Each month, at the same time the Town and District
submit the Reimbursement Request, for their respective projects, it shall also
submit a progress report (the "Progress Report") in the format shown on Exhibit
B attached hereto. Town and District shall submit a Progress Report each
month of the Project even if Town and District is not seeking reimbursement for
the preceding month.
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e. Submittal of Reports. All Reimbursement Requests and Progress Reports shall
be submitted to:
Pima County CIP Coordinator
201 N. Stone, 6th Floor
Tucson, Arizona 85701
f. Delays. For their respective projects, Town and District shall promptly notify
the County at any time that Town and District becomes aware of a potential
Project delay that may cause, a deviation from the Reimbursement Schedule
and/or the Construction Schedule. In the event of any deviation from the
Reimbursement Schedule, County and Town and District shall establish a new
Reimbursement Schedule, consistent with Federal Treasury Regulations. Upon
notification by Town and District that work on the Project can resume at a
mutually agreed upon time and in accordance with the amended Reimbursement
Schedule approved by the parties, the County will resume reimbursing Town
and District for Project costs.
g. Final Report & Accounting. Within ninety (90) days after completion and final
acceptance of their respective Projects by Town and District, Town and District
shall submit to County: (1) a fmal report describing the Project as constructed
and summarizing its history (i.e., who designed, constructed, provided public
art, funding sources, description of public participation, purpose and public
benefit of the Project, etc.), along with photographs and final as built drawings;
(2) a detailed final accounting statement ofthe funds expended on the Project,
along with a final Reimbursement Request if needed. County shall have fifteen
(15) days after receipt of this final accounting to disapprove the Reimbursement
Request. If County does not disapprove the Reimbursement Request, it shall
pay the request within forty-five (45) days of receipt.
17. Regulation of the Project during Construction. For their respective projects,
Town and District shall have responsibility for and control over the Project during
construction.
18. Inspection. County may inspect any portion of the Projects construction for
substantial compliance with drawings and specifications. Town and District shall
allow official County representatives reasonable access to the Project site during
construction. The Project Manager and County inspectors will cooperate and
consult with each other during Project construction.
19. Ownership of Improvements. Ownership and title to all materials, equipment and
appurtenances installed pursuant to this Agreement shall automatically vest in
Town for park improvements and District for bank protection and flood control
improvements. Town and District hereby agrees not to dispose of or encumber its
title or other interest in the Project improvements for a period of twenty-five (25)
years following the date the Project is completed. This Section shall survive
termination, cancellation, expiration or revocation, whether in whole or in part, of
this Agreement.
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20. Operation. For at least twenty-five years following completion of the Project,
Town and District shall for their respective Project elements: (1) operate and
maintain the Project improvements for the purposes set forth in the description of
the Project in the Bond Ordinance for the benefit of the public; (2) insure the
Project improvements (through either direct or self-insurance coverage); (3)
maintain, repair and if necessary replace the Project improvements; (4) make the
Project improvements available to all the residents of Pima County without
restriction or preference to jurisdiction of residence; and (4) not charge a fee for use
of the Project improvements that is more than a fee charged by the County for a
similar purpose. This Section shall survive termination, cancellation, expiration or
revocation, whether in whole or in part, of this Agreement.
21. Amendment of the Bond Ordinance. The Town and District shall notify the.
County of any events that would require an amendment of the Bond Ordinance,
and shall formally request the County Board of Supervisors that they hold a public
hearing on the requested amendment. The parties shall follow the procedures for
amendment of the Bond Ordinance set forth in Chapter 3.06 of the Pima County
Code, as it may be amended or renumbered from time to time, and Section IV(B)
of the Bond Ordinance In the event the Board of Supervisors does not approve
the Town's and District's request for a Bond Ordinance amendment, the Town
and District shall complete the Project as defmed by the Bond Ordinance and this
Agreement.
22. Federal Treasury Regulations. Town and District acknowledges that Pima
County manages the expenditures of bond proceeds in order to qualify for a
spending exception to the arbitrage rebate requirements of Sections 148 through
150 of the Internal Revenue Code of 1986 and the related regulations found in 26
CFR Part 1, SS1.148 through 1.150 as may be modified from time to time (such
statutes and regulations hereinafter referred to as the "Tax Exempt Bond Rules").
Town and District acknowledges that arbitrage rebate is affected by both the use of
bond proceeds and by the timing of bond related expenditures. Notwithstanding any
other provision of this Agreement, County may, in County's sole discretion, either
(i) reallocate Project funds to other projects funded with County bonds, or (ii)
terminate this Agreement as set forth in Paragraph 23(b )(iii) below, if, in County's
sole determination, such reallocation or termination is necessary or advantageous to
the County under the Tax Exempt Bond Rules either (a) to qualify for a spending
exception to the arbitrage rebate requirements, or (b) to reduce the amount of any
potential arbitrage rebate or penalty, or (c) to manage the County's bond proceeds.
23. Term and Termination.
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a. Term. The term of this Agreement of this Agreement shall begin on the date
this Agreement is recorded with the Pima County Recorder, and shall end on the
date that is twenty-five (25) years after completion and acceptance of the
Project. The term of this Agreement may be extended by action of the parties.
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b. Termination. This Agreement may be earlier terminated under the following
circumstances:
1. For Cause. A party may terminate this Agreement for material breach of the
Agreement by the other party. Prior to any termination under this paragraph,
the party allegedly in default shall be given written notice by the other party
of the nature of the alleged default. The party said to be in default shall have
forty-five (45) days to cure the default. If the default is not cured within that
time, the other party may terminate this Agreement. Any such termination
shall not relieve either party from liabilities or costs already incurred under
this Agreement.
11. Conflict of Interest. This Agreement can be terminated for a conflict of'
interest as set forth in A.R.S. S 38-511, the relevant portions of which are
hereby incorporated by reference.
iii. Arbitrage Rebate Requirements. The County reserves the right to cease
payments to Town and District and unilaterally terminate this Agreement if
County determines, in County's sole discretion, that any action or inaction
on the part of Town and District is likely to occur that would adversely
affect the election made by the County under the Tax Exempt Bond Rules
relating to exceptions for arbitrage rebate.
c. Legal Authority. Neither party warrants to the other its legal authority to enter
into this Agreement. If a court, at the request of a third person, should declare
that either party lacks authority to enter into this Agreement, or any part of it,
then the Agreement, or parts of it affected by such order, shall be null and void,
and no recovery may be had by either party against the other for lack of
performance or otherwise.
d. Ownership of Project upon Termination. Any termination of this Agreement
shall not relieve any party from liabilities or costs already incurred under this
Agreement, nor affect any oWnership of the Project constructed pursuant to this
Agreement.
24. Indemnification. To the fullest extent permitted by law, each party to this
Agreement shall indemnify, defend and hold the other party, its governing board or
body, officers, departments, employees and agents, harmless from and against any
and all suits, actions, legal or administrative proceedings, claims, demands, liens,
losses, fines or penalties, damages, liability, interest, attorney's, consultant's and
accountant's fees or costs and expenses of whatsoever kind and nature, resulting from
or arising out of any act or omission ofthe indemnifying party, its agents, employees
or anyone acting under its direction or control, whether intentional, negligent, grossly
negligent, or amounting to a breach of contract, in connection with or incident to the
performance of this Agreement.
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a. Preexisting conditions. To the fullest extent permitted by law, Town and
District shall indemnify, defend and hold County, its boards, officers,
departments, employees and agents, harmless from and against any claims and
damages, as fully set out above, resulting from or arising out of the existence of
any substance, material or waste, regulated pursuant to federal, state or local
environmental laws, regulations or ordinances, that is present on, in or below or
originated from property owned or controlled by the Town and District prior to
the execution of this Agreement.
b. Notice. Each party shall notify the other in writing within thirty (30) days of the
receipt of any claim, demand, suit or judgment against the receiving party for
which the receiving party intends to invoke the provisions of this Section. Each
party shall keep the other party informed on a current basis of its defense of any
claims, demands, suits, or judgments under this Section.
c. Negligence of indemnified party. The obligations under this Article shall not
extend to the negligence of the indemnified party, its agents or employees.
d. Survival of termination This Article shall survive the termination, cancellation,
expiration or revocation, whether in whole or in part, of this Agreement.
25. Insurance. When requested, a party shall provide the other party with proof of its
worker's compensation, automobile, accident, property damage, and liability coverage
or program of self-insurance.
26. Book and Records. Town and District shall keep and maintain proper and complete
books, records and accounts of the Project. For bond purposes, the Project books and
records must continue to be maintained for a period of three (3) years after final
payment of the bonds'issued for the Project. The bonds funding the Project are
expected to be fully paid by June 30, 2022, but may be subject to refunding. Town
and District shall have the option of maintaining either, (i) the Project books and
records for the requisite number of years, or (ii) conveying the Project books and
records to County at any time after'the Project is completed. The books, records and
accounts of the Project shall be available for inspection and audit by duly authorized
representatives of County at all reasonable times during the period in which said
books, records and accounts are maintained by the Town and District. Unless Town
and District conveys all Project books and records to County, Town and District shall
indemnify and hold the County harmless from and against any amount required to be
paid to the Internal Revenue Service or any governmental Town and District or
agency arising out of the failure by Town and District to maintain such records.
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27. Inspection and Audit. The County may perform an inspection of the Project or an
audit of Town and District books and records at any time in order to verify that
monies spent on the Project were done so in accordance with this Agreement.
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Form IGA 2004 Bond Projects Rev. 2-18-05
11
a. Entire Agreement. This instrument constitutes the entire agreement between the
parties pertaining to the subject matter hereof, and all prior or contemporaneous .
agreements and understandings, oral or written, are hereby superseded and
merged herein.
b. Amendment. This agreement shall not be modified, amended, altered or changed
except by written agreement signed by the parties.
c. Construction and interpretation. All provisions of this Agreement shall be
construed to be consistent with the intention of the parties as expressed in the
recitals hereof
d. Captions and headings. The headings used in this Agreement are for
convenience only and are not intended to affect the meaning of any provision of
this Agreement.
e. Severability. In the event that any provision of this Agreement or the application
thereof is declared invalid or void by statute or judicial decision, such action
shall have no effect on other provisions and their application which can be given
effect without the invalid or void provision or application, and to this extent the
provisions of the Agreement are severable. In the event that any provision of
this Agreement is declared invalid or void, the parties agree to meet promptly
upon request of the other party in an attempt to reach an agreement on a
substitute provision.
29. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting
or extending the legal jurisdiction of County or Town and District.
30. No Joint Venture. It is not intended by this Agreement to, and nothing contained in
this Intergovernmental Agreement shall be construed to, create any partnership,
joint venture or employment relationship between the parties or create any
employer-employee relationship between County and any Town and District
employees, or between Town and District and any County employees. No 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 itself or any of its employees.
31. No Third Party Beneficiaries. Nothing in this Agreement is intended to create
duties or obligations to or rights in third parties not parties to this Agreement, or
affect the legal liability of any party to this Agreement, by imposing any standard of
care with respect to the maintenance of public facilities different from the standard
of care imposed by law.
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32. Compliance with Laws. The parties shall comply with all applicable federal, state
and local laws, rules, regulations, standards and executive orders, without limitation
to those designated within this Agreement.
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a. Anti-Discrimination. The provisions of A.R.S. S 41-1463 and Executive Order.
75-5, as amended by Executive Order 99-4, issued by the Governor ofthe State .
of Arizona are incorporated by this reference as a part of this Intergovernmental
Agreement as if set forth in full herein.
b. Americans with Disabilities Act. This Agreement is subject to all applicable
provisions of the Americans with Disabilities Act (public Law 101-336,42
V.S.C. 12101-12213) and all applicable federal regulations under the Act,
including 28 CFR Parts 35 and 36.
c. Compliance with Bond Requirements. Town and District agrees to comply
with all applicable provisions of Pima County Code Chapter 3.06, "Bondiqg
Disclosure, Accountability, and Implementation" and of the Bond Ordinance,
as they now exist or may hereafter be amended. Any reports to be submitted
by Town and District to County in compliance with Pima County Code
Chapter 3.06 or the Bond Ordinance shall be provided in a format and
schedule determined by County.
33. Waiver. Waiver by any party of any breach of any term, covenant or condition
herein contained shall not be deemed a waiver of any other term, covenant or
condition, or any subsequent breach of the same or any other term, covenant, or
condition herein contained.
34. Force Majeure. A party shall not be in default under this Agreement if it does not
fulfill any of its obligations under this Agreement because it is prevented or delayed
in doing so by reason of uncontrollable forces. The term "uncontrollable forces"
shall mean, for the purpose of this Agreement, any cause beyond the control of the
party affected, including but not limited to failure of facilities, breakage or accident
to machinery or transmission facilities, weather conditions, flood, earthquake,
lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor
dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or
non-action by governmental bodies in approving or failing to act upon applications
for approvals or permits which are not due to the negligence or willful action of the
parties, order of any government officer or court (excluding orders promulgated by
the parties themselves), and declared local, state or national emergency, which, by
exercise of due diligence and foresight, such party could not reasonably have been
expected to avoid. Either party rendered unable to fulfill any obligations by reason
of uncontrollable forces shall exercise due diligence to remove such inability with
all reasonable dispatch.
35. Notification. All notices or demands upon any party to this agreement shall be in
writing, unless other forms are designated elsewhere, and shall be delivered in
person or sent by mail addressed as follows:
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this Agreement. No right or remedy is intended to be exclusive of any other right or
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remedy and each shall be cumulative and in addition to any other right or remedy ..
existing at law or in equity or by virtue of this Agreement.
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In Witness Whereof, County has caused this Agreement to be executed by the Chair
ofits Board of Supervisors, upon resolution of the Board and attested to by the Clerk of
the Board, and the Town and District has caused this Agreement to be executed by the
Mayor upon resolution of the Mayor and Council and attested to by its Clerk.
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ATTEST:
TOWN OF MARANA:
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Ed Hdnea, Mayor .
ATTEST:
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Lori Godoshi \.
Clerk ot:!4.~ f" ~~ \~ i ~ :" 'r _
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ATTEST:- ~"-""':,-\
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"chard Elias, Chairman
Board of Supervisors
JUN 2 0 2006
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APPROVED 'A:s.J_Q.~.~-F~Nt:
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Michael A. Reuwsaat
Town Manager
PIMA COUNTY
FLOOD CONTROL DISTRICT:
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Board of Directors
JUN 2 0 2006
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lood Control District
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Pima County Finance
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Intergovernmental Agreement Determination
The foregoing Intergovernmental Agreement between Pima County, and the Town and
District has been reviewed pursuant to A.R.S. ~ 11-952 by the undersigned, each of
whom 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 party represented by the him/her.
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ood Control District:
Town OF MARANA:
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EXHIBIT A
ADMINISTRATIVE PROCEDURES
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Procedure Number: 3-8
Effective Date: 01117/1995
Revision Date: 05/30/2003.
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SUBJECT:
.-----------------------------------------------------------------------------------------------
NOTIFICATION TO BOARD OF SUPERVISOflS OF
PUBLIC MEETINGS TO BE .HELDINTHEIR DISTRICT
--------------------------------------------------------------------------------------~-----~--
Office of the County Administrator
DEPARTMENT RESPONSIBLE:
------------------------------------------------------------------------------------------------
I. PURPOSE
The purpose of this administrative procedure is to establish the process for
implementing the Board of Supervisors policy making all Pima County department
administrators, directors and managers responsible to provide advance notification to
members of the Board of Supervisors of all County-related public meetings which are
scheduled to be held within their districts. .
II. PROCEDURE
A. Responsible Party
Ensuring compliance with the requirements of prior notification shall be the
responsibility of the department administrator, director, or manager whose
department or organization is scheduling or is otherwise involved in the public
meeting.
B. Public Meetings Defined
1.
2.
The responsibility to provide prior notification to a member of the Board
extends to all public meetings dealing with any issue of public policy,
pr9ject or .program that fall under the jurisdict.ion of the Board of
Supervisors, including,. but not limited to the delivery of services,
construction of public projects, and regulatory matters affecting public
health, safety or welfare.
The responsibility for providing prior notification extends to public
meetings that are to be scheduled by other units of government in
instances in which Pima County is party to an intergovernmental
agreement or otherwise cooperates with or shares responsibility for the
policy area, project or program with the other unit of government.
3. In some instances, a public meeting will deal with a matter of public
policy that is of relevance to residents of more than one supervisorial
district but does not have general, community wide importance. .In these
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instances, the department administrator, director, or manager shall
provide prior notification to all affected me'"!1bers of the Board.
4. The requirement of prior notification does not apply to Pima County
Boards, Commissions, and Committees or to public meetings whose
scheduling is regulated by statute and open meeting requirements.
C. Timing and Form of Notification
1. Whenever scheduling a public meeting is the sole and exclusjve
responsibility of a Pima County department or organizational unit, prior
notification requires coordination of the date and timing of such public
meetings with the schedule of the affected member of the Board before
any other efforts are made to set a date, time or place for th~ public
meeting. In those instances when some other unit of government is
responsible for scheduling a public meeting, the Pima County department' .
administrator, director, or manager shall make every effort to insure the
meeting does not conflict with the scheduling of the Board member, but
shall, at a minimum, provide notification of the meeting as soon as it has
been determined that a public meeting will be held.
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2. Written notification of the public meeting shall be provided to. the
affected Board member and shall identify the stated .purpose of the
meeting, any statutory or regulatory requirements affecting the callirig
and scheduling of the meeting, and a general time period during which
the public meeting should be scheduled.
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EXHIBIT B
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Payment -Schedule
Estimated Estimated Type of Work
Reimbursement MonthlYear Request (Design,
Request Amount will be Submitted Construction, Etc.)
Example
$200,000 Dec 05 Design
$300,000 June 06 Construction
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MARANA RESOLUTION NO. 2006-67
RELATING TO PARKS & RECREA nON; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE
SANTA CRUZ RIVER PARK/RATTLESNAKE PARK PROJECT.
WHEREAS, the 1997 and 2004 Pima County bonds authorized a total of$4,500,000 for the
"Santa Cruz River Park in the Vicinity of Continental Ranch" and "Marana Rattlesnake Park" pro-
jects; and
WHEREAS, these projects are carried out in the intergovernmental agreement between Pima
County, the Pima County Flood Control District and the Town of Marana which is the subject ofthis
resolution; and
WHEREAS, the Mayor and Council ofthe Town of Marana feel it is in the best interests of
the public to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between Pima County, the Pima
County Flood Control District and the Town of Marana in substantially the form attached to and in-
corporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is
hereby authorized to execute it or a substantially similar document for and on behalf of the Town of
Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga-
tions, and objectives of the intergovernmental agreement.
PASSED, ADOPTED, and APPROVED by the Mayor and Coun il ofthe Town of Maran a,
Arizona, this 17th day of May, 2006.
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{00002084.DOC I}
FJC 51/512006 4:26 PM