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HomeMy WebLinkAboutResolution 2010-013 IGA with northwest fire for repair of public drainage infrastructureMARANA RESOLUTION N0.2010-13 RELATING TO INFRASTRUCTURE; AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH NORTHWEST FIRE RESCUE DISTRICT FOR REIMBURSEMENT FOR REPAIR OF PUBLIC DRAINAGE INFRASTRUCTURE WHEREAS, Town of Marana owns certain public drainage infrastructure in the vicinity of a future Northwest Fire Rescue District training facility; and WHEREAS, the public drainage infrastructure is in need of repair; and WHEREAS, Northwest Fire Rescue District will mobilize a civil construction contractor to construct their nearby training facility; and WHEREAS, it is agreed that using the contractor Northwest Fire Rescue District mobilizes for their construction to repair the Town's public drainage infrastructure will save the Town from mobilizing its own contractor; and WHEREAS, the Town and Northwest Fire Rescue District intend to enter into an Intergovernmental Agreement allowing the Town to reimburse Northwest Fire Rescue District for repairing the Town's public drainage infrastructure. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. That the intergovernmental agreement between Town of Marana and Northwest Fire Rescue District attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. That the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2"d day of February, 2010. ,~ Mayor Eke Honea ~~ APPROVED AS TO FORM: ~,,. .~ _ .~ . ~` ank Cass' y, Town Atto fr F. ANN RODRIGUEZ, RECORDER RECORDED BY: LLW ' DEPUTY RECORDER of P~I1~ 1956 PE-2 ~~ I,~;,~0~ SMARA W~ ~~ ~~ ~z TOWN OF MARANA ~,~~~ ! vl" ,,~ ATTN: TOWN CLERK `gRIZ01`t¢' 11555 W CIVIC CENTER DR MARANA AZ 65653 DOCKET: 13758 PAGE: 1665 NO. OF PAGES: 10 SEQUENCE: 20100420577 03/04/2010 AG 16:12 MAIL AMOUNT PAID $ 10.50 INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND NORTHWEST FIRE RESCUE DISTRICT FOR PUBLIC INFRASTRUCTURE CONSTRUCTION AND REIMBURSEMENT This intergovernmental agreement is entered into this .~.L day of _, 2010 by and between Town of Marana, an Arizona municipal corporation ("Town") and Northwest Fire Rescue District, an Arizona special taxing district ("Fire District"). Town and Fire District are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Parry." I. Recitals A. Town and Fire District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952. B. The Fire District is authorized by A.R.S. § 48-805 (B) (17) (a) to enter into intergovernmental agreements and contracts with other governing bodies as provided in A.R.S. § 11-952. C. Municipalities and special taxing districts may enter into agreements to establish responsibilities relating to the issuance of various permits and construction of new facilities. D. Town has ownership of public drainage infrastructure adjacent to a proposed Fire District facility that is in need of repair and the responsibility of Town. E. Both parties acknowledge that the opportunity of a mobilized contractor for the proposed Fire District Facility could provide cost savings to the Town for the repair of its public drainage infrastructure. F. The Town by law charges a construction sales tax on new construction. A majority of this sales tax is used to fund Town construction projects. II. Definitions A. "Public Drainage Infrastructure" shall include the public drainage channel along the northern property line of the proposed Northwest Fire training facility from the Interstate 10 Frontage Road to its confluence with a public drainage channel along Massingale Road .west of Interstate 10 inclusive of any confluence or spillway structures. B. "Northwest Fire Training Facility" shall include all site and building construction for the planned training facility on the Northwest Fire parcel number 226-35-022C located off of Star Commerce Way. 1 i~ 1 III. Covenants A. Town's Obligations: Town recognizes that the presence of a mobilized contractor will save in its costs to repair the damaged public drainage infrastructure. The Town agrees to: (1) Rebate to Northwest Fire District from construction sales taxes those costs associated with the design, repair, and reconstruction of the public drainage infrastructure. Costs to be rebated include consultant design costs and line items for construction costs associated with the contractor's bid or guaranteed maximum price for the public drainage infrastructure. Additionally, the contractor's bid or guaranteed maximum price item reimbursements will be increased by 5 percent attributable to mobilization and 6 percent attributable to construction management on the part of Northwest Fire District. Each percentage increase is multiplied by the cost of the public drainage infrastructure items. (2) Rebating of costs shall occur no later than 30 days after receipt from the State of Arizona of construction sales taxes from the construction of the Northwest Fire Training Facility. (3) Town shall retain construction sales taxes for the Northwest Fire Training Facility that exceeds the costs from item IIIA above. (4) Should the costs from item IIIA above exceed the construction sales taxes from the Northwest Fire Training Facility, Town shall provide other funding to Northwest Fire for the remainder of costs incurred. (5) Town shall continue to assume ownership of the public drainage infrastructure during and after completion of the design, repair and reconstruction. (6) Town shall be solely responsible for maintenance and repair costs of the public drainage infrastructure after completion of the design, repair and reconstruction. B. Fire District's Obligations: Fire District recognizes that prompt repair of the public drainage infrastructure aids in the development of their training facility. Fire District agrees to: (1) Pay all construction sales taxes as required by Town ordinance. (2) Incorporate the public drainage infrastructure improvements into their site construction plans in a manner approved by the Town. (3) Award the work that will encompass the public drainage improvements in an open, public manner such as design-bid-build, open solicitation for Construction Manager at Risk or other method approved by the Town. I (4) Manage the construction of the public drainage improvements. (5) Allow Town oversight and inspection of the public drainage improvements. 2 (6) Defer to Town for approval of field change or change order requests that involve the public drainage improvements. IV. Notices Notices required or permitted hereunder shall be given in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier service, addressed as follows: To Fire District: Fire Chief Northwest Fire Rescue District 5225 West Massingale Road Tucson, Arizona 85743 With a Copy To: Thomas Benavidez, Esq. Benavidez Law Group, P.C. 7440 North Oracle Road, Building 7 Tucson, Arizona 85704 To Town: Town Manager Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 With a Copy To: Town Attorney Town of Marana 11555 West Civic Center Drive Marana, Arizona 85653 Or at any other address designated by Fire District or Town in writing. V. Term A. This Agreement shall become effective on or upon filing with the Pima County Recorder after having been approved by Town and Fire District, whichever filing occurs last. B. The term of this Agreement shall commence on the effective date of this Agreement and continue until the public drainage infrastructure is constructed and rebating of costs incurred ~ is complete. VI. Insurance and Indemnification ~~ A. The Parties agree that they shall maintain for the duration of this Agreement policies of ~ public liability insurance sufficient to cover all of their obligations undertaken in the I~~, implementation of this agreement. B. To the extent which it legally may, each Party indemnifies, defends and holds harmless the other Parties, their officers, departments, employees and agents from and against any and all 3 suits, actions, claims and demands or damages of any kind or nature arising out of the indemnifying Party's acts or omissions, whether intentional or negligent, in connection with or incident to this intergovernmental agreement. VII. Cancellation for Conflict This Agreement is subject to cancellation in certain conflict of interest situations pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. VIII. Governing Law A. This Agreement shall be construed and governed in accordance with the laws of the State of Arizona. B. During the performance of this Agreement, Town and Fire District agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, nondiscrimination and affirmative action. IX. Remedy A. All Parties agree to utilize good faith efforts to informally resolve disputes arising out of this Agreement. B. Any Party may pursue any remedies provided by law for breach of this Agreement. No right or remedy is intended to be exclusive of any other right or 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. X. Waiver Waiver by any Party of any breach of any term, covenant or condition herein 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. XI. 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. Any Party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 4 XII. Miscellaneous Provisions A. Amendments to this Agreement shall be in writing, signed by all Parties to the Agreement. Formal amendments shall not be needed to notify Parties of address changes, changes in position titles, etc. Such information may be provided via correspondence between the Parties. B. This Agreement represents the entire and integrated agreement between the Parties and for the construction of the public drainage infrastructure and has no bearing on other agreements between the Fire District and Town. C. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect. D. The Parties warrant that they comply with all federal immigration laws and regulations that relate to their employees and that they comply with A.R.S. § 23-214(A). The Parties acknowledge that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that each of the other Parties retains the legal right to inspect the papers of any employee who works on the Agreement to ensure compliance with this warranty. E. The Parties certify that they do not have, nor will they for the duration of this Agreement have, scrutinized business operations in Sudan or Iran as defined in A.R.S. § 35-3.91 and A.R.S. § 35-393, respectively. F. This Agreement shall supersede any prior agreements or memorandums of understanding among Fire District and Town which conflict with the provisions of this Agreement. IN WITNESS WHEREOF, the Parties enter into this Agreement the date and year first specified above. TOWN OF MARANA By: ~,-~_ Ed Honea, ayor ATTEST: ~. ,c ,'' ocelyn~ ~ onson, Town Clerk NORTHWEST By: RESCUE DISTRICT /~ Board Chairman Carter ATTEST: a~4i~eliel, Bo rd Clerk Lee C. Mellor 5 ~, INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement by and between the Town of Marana and Northwest Fire Rescue District has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: ,~ n ~:'Fran~c Cass ,Town Attor ` .~ ~~ :~ iC~'' Date Fire Benavi~'~, Attorney for the District Z~ . Date 6 t When ~r rded, o: No est Fi istrict 5 W ssingal d. Tu n, AZ 857 -8416 RESOLUTION NO. 2010-002 A RESOLUTION OF THE BOARD OF THE NORTHWEST FIRE DISTRICT APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF MARANA FOR PUBLIC INFRASTRUCTURE CONSTRUCTION AND REIMBURSEMENT. WHEREAS, the Northwest Fire District (the "District") is an internationally accredited emergency medical, fire, and rescue services provider and an Arizona Fire District, organized under and existing pursuant to Title 48, Arizona Revised Statutes; and WHEREAS, the Town of Marana (the "Town's owns public drainage infrastructure adjacent to a proposed District facility that is in need of repair; and WHEREAS, the staffs of the District and the Town have drafted an Intergovernmental Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, that provides the terms and conditions upon which the District agrees to undertake the construction repairs for the public drainage infrastructure and the Town agrees to reimburse the District for such construction; and WHEREAS, the District and the Town desire to avail themselves of all provisions of law applicable to the Intergovernmental Agreement and desire to jointly exercise their powers as provided for in A.R.S. § i1-951 et seq.; and WHEREAS, the Governing Board of the Northwest Fire District has reviewed the terms and conditions of the Intergovernmental Agreement and finds that entering into ~ it is in the best interests of the District and its residents. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Northwest -s Fire District, that the Intergovernmental Agreement -for public infrastructure ~n construction and reimbursement, attached hereto as Exhibit "A," is hereby adopted, and District officers and staff are hereby authorized to execute the Intergovernmental Agreement and take all steps necessary to carry out its intents and purposes. 1 of 3 BE IT FURTHER RESOLVED that District officers and staff are hereby authorized to take all steps and spend all funds required to implement the Intergovernmental Agreement and carry out its intents and purposes. PASSED AND ADOPTED by the Governing Board of the Northwest Fire District at a duly noticed meeting held on January 26, 2010, by a ority of quorum of the Governing Board Members. age Carter rd Chair ATTEST• Lee C. Mellor Clerk of the Board APPROV AS TO FORM: Tho s Benavidez District Attorney 2of3 Exhibit A [Intergovernmental Agreement] 3of3