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HomeMy WebLinkAboutResolution 2010-009 agreement with PAG for summer youth transportation art program through 2014MARANA RESOLUTION N0.2010-09 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT FOR SERVICES WITH THE PIMA ASSOCIATION OF GOVERNMENTS TO EXTEND .MANAGEMENT AND IMPLEMENTATION OF THE SUMMER YOUTH TRANSPORTATION ART PROGRAM THROUGH DECEMBER 31, 2014 WHEREAS the Town of Marana currently administers an Ongoing Summer .Youth Transportation Art Program to provide youth with employment, training and experience in creating public art; and WHEREAS the Pima Association of Governments (PAG) has set aside, and intends annually to set aside Highway User Revenue Funds for public art projects as part of the Summer Youth Transportation Art Program commencing the summer of 2010 and continuing each calendar year thereafter through December 31, 2014; and WHEREAS the Agreement for Services between Marana and PAG for participation in the Youth Art program expired on December 31, 2009; and WHEREAS PAG and the Town of Marana want to renew the Agreement for Services through December 31, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, approves and authorizes the Town Manager to execute and take appropriate action carry out the terms of the Agreement for Services with the Pima Association of Governments attached to and incorporated in this resolution as Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 19th day of January, 2010. Mayor Ed Honea APPROVED AS TO FORM: PAG Contract: 201014-5941-0001 AGREEMENT FOR SERVICE THIS AGREEMENT entered into this by and between the Town of Marana, hereinafter called Marana, and the Pima Association of Governments, an Arizona non-profit corporation, hereinafter called "PAG ", PURPOSE: WITNESSETH WHEREAS, Marana currently administers, or wishes to administer, an Ongoing Summer Youth Transportation Art Program to provide youth with employment, training and experience in creating public art; and WHEREAS, PAG has set aside, and intends annually to set aside, throughout the term of this AGREEMENT, Highway User Revenue Funds for public art projects as part of the Summer Youth Transportation Art Program commencing the summer of 2010 and each continuing calendar year thereafter throughaut the term of this AGREEMENT; NOW, THEREFORE, both parties agree as follows: ARTICLE I TERM AND MAXIMUM AMOUNT: This term of this AGREEMENT shall extend ftarn the date of signature by the PAG Executive Director and shall terminate on December 31, 2014 unless sooner terminated, ar unless further extended, pursuant to the provisions of Article V of this AGREEMENT. In the fall of each calendar year PAG will solicit participation in the Program by PAG jurisdictions. No work shall be undertaken until a Native Ta Proceed (NTP} is issued by PAG. By signing this AGREEMENT, both Marana and PAG acknowledge mutual understanding that, upon completion and acceptance of the work undertaken during each year of the program Marana, should it so desire, may respond to PAG's solicitation by applying to continue Pragrarn participation during the succeeding year in accordance with PAG's Policies On Transportation Art Projects in existence at the time of application. Annual preliminary approval and determination of eligibility of Marana's proposed project(s) submitted under this Program shall rest with PAG's Transportation Planning Committee {TPC); final approval of Marana's proposed projects} rests with the Arizona Department of Transportation (ADOT). Upon final approval from ADOT, PAG will promptly issue a Notice To Proceed. Maximum payment under this contract is $125,000.00. If the town has remaining funds from a previous contract they may incorporate the balance into this contract by amendment. ARTICLE II PURPOSE AND WORK STATEMENT: Project shall be approved each year by the PAG Transportation Planning Committee. ARTICLE III Marana's Duties: Marana shall provide the following services: • Administer the project as approved by the Transportation Planning Committee each year. • Recruit youth froze economically disadvantaged areas. • Consult with the elected officials and other involved parties in determining the precise nature and location of the completed project. • Provide for review and approval of the completed project by the key stakeholders and decision-makers. • Assume all responsibilities far the project, including cost and quality control measures for design and construction. • Submit a final report to PAG detailing the results of the program for the subject calendar year. • Submit confirming, complete and accurate invoices far reimbursement of expenditures incurred under this Program; such invoices shall be submitted to PAG monthly. Final invoice to be submitted within ninety (90) calendar days upon completion of the project. Invoices submitted later than ninety (90) days following project completion will eat be paid unless PAG determines that extenuating circumstances prevail. • Applications should include a budget breakdown that provides a separate line item for youth stipends. Note: Pima Association of Governments {PAG) targets a minimum of 20% for youth stipends. • Final invoice should include a color photograph of the completed youth art project • Each project should include a plaque on the completed Youth Art Project indicating funding support contributed by Pima Association of Governments. (PAG will provide plaques upon request.) ARTICLE IV PAYMENT: A. Total payment for each year of this AGREEMENT shalt be set by the Transportation Planning Committee. Further, Marana may elect to augment funds provided by PAG at the sole discretion of Marana. B. PAG shall pay Marana upon receipt of acceptable, properly completed invoices detailing project progress and expenditures. C. PAG shall have sole discretion to determine whether or not to pay for work performed by Marana prior to ratification of this AGREEMENT and to determine the amount of such payment. ARTICLE V TERMINATION 1 EXTENSION FOR CONVENIENCE: PAG may, at any time and without cause, cancel this AGREEMENT by serving upon Marana 30 days advance written notice of such intent to cancel. In event of such cancellation, PAG's only obligation to Marana shall be payment for services rendered prior to cancellation. If mutually agreed by PAG and Marana, the term and maximum amount of this AGREEMENT maybe extended. 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 of further 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 VII ASSIGNABILITY: Marano shall not assign any interest in this AGREEMENT, and shall not transfer any interest in the same without prior written consent of PAG thereto; provided, however, that claims far money due or to become due to Marana from PAG 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 PAG. ARTICLE VIII INTEREST OF MARANA: Marana 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. Marana 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 Marana under this AGREEMENT which PAG requests to be kept as confidential shall not be made available to any individual or organization by Marana without prior written approval of PAG. PAG 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 PAG 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 na resident commissioner, shall be admitted to any share or part of the AGREEMENT or to any benefit to arise here from. ARTICLE XI NONDISCRIMINATION: Affirmative Action Provisions: Marano agrees to abide by the PAG affirmative action policies as stated in PAG Resolution # 84-4, dated November 21, 1984. These are included in the Personnel Policies of the Pima Association of Governments as approved by the PAG Regional Council on November 21,1984, and as they may be amended. ARTICLE XII AMERICANS WITH DISABILITIES ACT: Marano shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 D.S.C. 12101- 12213), and applicable Federal regulations under this Act. ARTICLE XIII NON -WAIVER: The failure of PAG to assist in any one 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: Marano and FAG shall each indemnity, 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 Funding for this AGREEMENT is being provided by the Arizona Department of Transportation. PAG has no funds of its own to pay for the work being done under this AGREEMENT, and therefore is not obligated to pay Marana until PAG receives funding from the ADVT. Costs incurred by Marana as the result of any changes by PAG and/or by Marana outside the general Scope of this AGREEMENT will not be allowed for reimbursement under this AGREEMENT unless these changes and related casts have been approved by PAG in writing prior to incurring the costs. ARTICLE XVII Marana shall obtain insurance as described below and keep such coverage in force throughout the life of the Contract. All policies must contain an endorsement providing that written notice be given to FAG at least ten (10) calendar days prior to termination or cancellation in coverage in any policy. Except for professional liability insurance, the liability insurance policy(s) shall include PAG as an additional insured with respect to liability arising out of the Contract. Marana must agree that the insurance will be primary and that any insurance carried by PAG will be excess and non-contributing. Coverage Afforded Coverage Afforded Limits of Liability Worker's Compensation Employees Liability $100,000 Professional Liability (Errors and Omissions) $500,000 General Liability $1,000,000 Marana must present to the PAG Procurement Officer written evidence (Certificates of Insurance) of compliance with these insurance requirements prior to the start of work and shall satisfy PAG regarding adequacy ARTICLE XVIII ENTIRE AGREEMENT: This AGREEMENT constitutes the entire AGREEMENT between the parties and shall not be modified, altered, amended, or changed except by mutual consent as indicated by signatures of the PAG Executive Director and authorized officials of The Town of Marana IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date signed by the PAG Executive Director. THE TOWN OF MARANA PIMA ASSOCIATION OF GOVE ENTS c and APPROVED AS TO FORM R Thomas Benavidez PAG Legal Counsel Date: ~ - ~Z~ -~