HomeMy WebLinkAboutResolution 2012-040 master concept site plan for the marana heritage river parkMARANA RESOLUTION NO. 2012-40
RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE
MAYQR TO EXECUTE AN 1NTERGOVER:NMENTAL AGREEMENT BETWEEN THE
TOWN OF l��IARANA ANLD THE ARIZONA BOARD OF REGENTS, ITNIVERSITY OF
ART70NA ON BEHALF OF THE UNIVERSITY'S DRAC��AN INSTITUTE FOR THE
DEVELOPMENT AND CREATION dF A MASTER CONCEPT SITE PLAN FOR THE
MARANA HERITAGE RIVER PARK
WHEREAS the Town of Marana has established the Marana Heritage River Park; and
WHEREAS as a part af their course curriculum, University of Arizona Drachman Institute
students faculty and staff wish to assist the Town in developing and creating a Master Concept
Site Plan to guide development of the Marana Heritage River Park; and
WHEREAS the University and the Town may contract for services and enter into
agreements with one another for jaint and cooperative action pursuant to A.R.S. § 11-951, et
seq. ; and
WHEREAS the Mayar and Council of the Town af Marana find that the best interests of
the public are served by entering into an intergovernmental agreement with the University of
Arizona for the creation of the Master Concept Site Plan for the Marana Heritage River Park.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TQWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town c�f Marana hereby approves and authorizes the Mayor to execute
the intergovernmental agreement with the Arizona Board of Regents, University of Arizona
attached to and incorparated by this reference in this resolution as E�ibit A.
SECTION 2. The Town's Manager and staff are hereby directed and authorized ta
undertake a11 other and further tasks required or beneficial to carry out the terms, obligatians, and
objectives of the intergovernmental agreement.
PASSED AND ADOPTED BY THE MAYOR ANID COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 19'�' day of June, 2012.
� c�
Mayor Ed Honea
TTEST:
�
ocely . Branson, Town Clerk
APPR4�E ,. FORM:
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Marana Resolution No 2012-40
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Exhibit "A"
INTERGOVERNMENTAL AGREEMENT FOR THE DEVELOPMENT AND
CREATION OF A MASTER CONCEPT SITE PLAN FOR THE TOWN OF
MARANA HERITAGE RIVER PARK
T'his INTERGOVERNMENTAL AGREEMENT (this ��Agreement" is entered into by and be-
tween the Town of Marana (the "Town"), an Arizona municipal corporation, and the
Arizona Board of Regents, University of Arizona, on behalf of the University's Drach-
man Institute (the "University"). The Town and the University are sometimes collec-
tively referred to as the "Parties," each of which is sometimes individually referred to as
a "Party."
RECITALS
A. The Town of Marana has established the Marana Heritage River Park (also re-
ferred to in this Agreement as the "Heritage Park" or "Park"), located within the Town
of Marana at 12375 N. Heritage Park Drive and more particularly described in Exhibit A
attached hereto and incorporated herein by this reference (the "Property").
B. The Town of Marana has determined through the adoption of the Towri s Strate-
gic Plan that maintaining a sense of community character and heritage by linking the
past, present and future is in the public interest and enhances the community.
C. The Heritage Park celebrates Marana's history and agricultural heritage and pro-
vides a sense of place for the community, as well as the opportunity for economic bene-
fits through private-public partnerships.
D. T'he Town is authorized by A.R.S. � 9-276 to lay out and establish parks within
the Town's jurisdictional boundaries.
E. As a part of their course curriculum, Drachman Institute students, faculty and
staff wish to assist the Town in developing and creating a Master Concept Site Plan (al-
so referred to in this Agreement as the "Master Plan" or "Plan") to guide development
of the Marana Heritage River Park.
F. The University and the Town may contract for services and enter into agreements
with one another for joint and cooperative action pursuant to A.R.S. � 11-951, et seq.
AGREEMENT
Now THEREFORE, in consideration of the recitals set forth above and the mutual cov-
enants, conditions and agreements set forth in this Agreement, the Parties agree as fol-
lows:
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Article 1. Purpose
The purpose of this Agreement is to establish the rights and responsibilities of the
Parties regarding the development and creation of the Master Concept Site Plan for the
Marana Heritage River Park.
Article 2. Project
2.1. The University shall develop and create a Master Concept Site Plan for the Town
of Marana Heritage River Park which focuses on two main goals and objectives:
2.2. To establish the Marana Heritage River Park as a showcase of Marana's culture,
heritage and history for visitors and citizens alike; and
2.3. To establish the Marana Heritage River Park as a financially viable operation
within the Town.
Article 3. Scope
The Master Concept Site Plan shall include the following:
3.1. Creation of a conceptual site plan for the Park, including consideration of ap-
propriate areas or locations for:
3.1.1. Agricultural production, education, farm operation and equestrian events
3.1.2. Cultural and historic resource interpretation, exhibits and displays
3.1.3. Restaurants, farmers' markets, retail sales and other commercial enterprises
3.1.4. Historic walkways
3.1.5. Business incubator sites
3.1.6. Event center
3.1.7. Buildings patterned after Marana's historic buildings and sites
3.1.8. Water features
3.1.9. Visitor center
3.1.10. Performance stages
3.1.11. Children's play areas
3.2. Investigation and presentation of ideas for parking, movement of vehicles, in-
cluding service and equipment access, and movement of visitors through the site, in-
cluding consideration of appropriate staging areas for pedestrian, bicycle, and equestri-
an access, taking into account the Park's location adjacent to the Santa Cruz Shared Use
Path and the Juan Bautista De Anza National Historic Trail.
3.3. Presentation of design themes, landscape and details, including conceptual ele-
vation renderings of proposed development suitable for presentation.
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3.4. Interpretation, celebration, and conservation of water resources relevant to the
Park, including the Santa Cruz River adjacent to the Park, the underground aquifer be-
neath the Park, and the washes that surround the Park.
3.5. Consideration, development and, where appropriate, incorporation of any and
all previously completed studies and reports regarding the master planning of the Her-
itage Park.
Article 4. Town Responsibilities
The Town shall provide the following assistance and resources to the University
during the term of this Agreement:
4.1. Existing base maps, aerial photographs, Park boundaries, contours, existing fea-
tures, drainage, utility easements, etc. for the Heritage Park
4.2. Copies of previous planning documents
4.3. Town department information and contacts
4.4. Meeting rooms as needed
4.5. Town staff to assist with organizing meetings and presentations, including
presentation to the Town of Marana Mayor and Town Council for plan approval
Article 5. Financing
5.1. The budget summary for the project is attached as Exhibit B and incorporated
here by this reference. The Town shall pay the University in accordance with the pay-
ment procedures described in this Article for the services provided and in the amounts
described in Exhibit B, for a total not-to-exceed amount of $43,975.
5.2. The University shall submit to the Town for processing and payment a monthly
invoice for work performed under this Agreement, and each invoice shall include:
5.2.1. The days when the work and services were performed.
5.2.2. Percent of completion of the work and the milestones or goals achieved
pursuant to this Agreement, where applicable.
5.2.3. Reference to Town tracking numbers, including Purchase Order numbers,
authorizing payment for the work and services addressed by the invoice.
5.3. The University shall be liable for all taxes applicable to the proceeds received by
the University under this Agreement. The Town shall not withhold or pay federal, so-
cial security, or state income taxes or worker's compensation out of the proceeds paya-
ble by the Town under this Agreement, unless duly ordered to do so by a court or other
government authority with jurisdiction.
5.4. Except as otherwise set forth in this Article, the Town shall pay the University
within 30 days after the Town approves the University's invoice or any portion of it.
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5.5. If the Town determines that additional information is needed regarding an in-
voice, the Town shall notify the University of the request for additional information
within five days of the receipt of the invoice by the Town.
Article 6. Term and Termination
6.1. This Agreement shall be effective as of the signature date of the last Party to sign
this Agreement, and shall expire on December 31, 2012, unless earlier terminated by ei-
ther Party in accord with the terms of this Agreement. The term of this Agreement may
be extended by written amendment signed by both Parties.
6.2. This Agreement may be terminated under the following circumstances:
6.2.1. A Party may terminate this Agreement for material breach of the Agree-
ment by the other Party. Prior to any termination under this paragraph, the Party al-
legedly 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 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.
6.2.2. This Agreement may be terminated for a conflict of interest as set forth in
A.R.S. � 38-511, the relevant portions of which are hereby incorporated by reference.
6.2.3. Notwithstanding any other provision in this Agreement, this Agreement
may be terminated if for any reason, there are not sufficient appropriated and avail-
able monies for the purpose of maintaining this Agreement. In the event of such
cancellation, the Parties shall have no further obligation to each other, other than for
payment of services rendered prior to termination.
Article 7. Deliverables
7.1. Upon completion of the Master Concept Site Plan, the University shall provide
the following deliverables to the Town:
7.1.1. Draft Executive summary, 3 copies and digital file
7.1.2. Draft Report, 3 copies and digital file
7.1.3. Draft Site Map, 24"x 36", 3 copies and digital file
7.1.4. Final Executive Summary,l0 copies and digital file
7.1.5. Final Report,l0 copies and digital file
7.1.6. Final Facilities Map, 24" x 36", 3 copies and digital file
7.2. All deliverables and all of the University's work product (including without lim-
itation all reports, drawings, designs, specifications, notebooks, tracings, photographs,
negatives, findings, recommendations, data and memoranda of every description) pre-
pared in connection with or relating to this Agreement and in completion of it, shall be
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the property of the Town, to be used by the Town for any purpose that the Town, in its
sole discretion, deems appropriate.
Article 8. Access to Records
8.1. The Parties shall maintain books, records, documents, and other evidence direct-
ly pertinent to performance under this Agreement in accordance with generally accept-
ed accounting principles and practices consistently applied. Each Party shall have ac-
cess to such books, records, documents, and other evidence for inspection, audit and
copying and shall provide proper facilities for such access and inspections.
8.2. Audits conducted under this Article shall be performed in accordance with gen-
erally accepted auditing standards and established procedures and guidelines of the re-
viewing or auditing Agency.
8.3. The Parties agree to the disclosure of all information and reports resulting from
access to records, as described in this Article, to a Party's auditor, provided that the au-
dited Party is afforded the opportunity for an audit exit conference and an opportunity
to comment and submit any supporting documentation on the pertinent portions of the
draft audit report and that the final audit report will include written comments of rea-
sonable length, if any, of the audited Party.
Article 9. Compliance with Laws
9.1. 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.
9.2. The Parties agrees to comply with all provisions and requirements of Arizona
Executive Order 2009-09, which supersedes Executive Order 99-4 and amends Execu-
tive Order 75-5, and which is hereby incorporated into this Agreement as if set forth in
full herein. During the performance of this Agreement, the Parties shall not discriminate
against any employee, client or any other individual in any way because of that per-
son's age, race, creed, color, religion, sex, disability or national origin.
9.3. The Parties shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal
regulations under the Act, including 28 CFR Parts 35 and 36.
9.4. Pursuant to A.R.S. �� 35-391.06 and 35-393.06, the Parties hereby certify that they
do not have scrutinized business operations in Iran or Sudan. The submission of a false
certification may result in action up to and including termination of this Agreement.
9.5. The Parties hereby certify that they will at all times during the term of this
Agreement comply with all federal immigration laws applicable to the Parties' em-
ployment of its employees, and with the requirements of A.R.S. � 23-214 (A).
9.6. The parties recognize that the performance by the University of Arizona may be
dependent upon the appropriation of funds by the State Legislature of Arizona. Should
the Legislature fail to appropriate the necessary funds or if the University's appropriation
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is reduced during the fiscal year, the Board of Regents may reduce the scope of this
Agreement if appropriate or cancel this Agreement without further duty or obligation.
The University agrees to notify the other party as soon as reasonably possible after the un-
availability of said funds comes to its attention.
9.7. This Agreement is subject to the provisions of A.R.S. § 38-511 regarding Conflict
of Interest. The State of Arizona may cancel this Agreement if any person significantly
involved in negotiating, drafting, securing or obtaining this Agreement for or on behalf of
the Arizona Board of Regents becomes an employee in any capacity of the other party or
a consultant to the other party with reference to the subject matter of this Agreement
while the Agreement or any extension thereof is in effect.
9.8. The parties agree that should a dispute arise between them concerning this
Agreement and no party seeks affirmative relief other than money damages in the
amount of Fifty Thousand Dollars ($50,000) or less, exclusive of interest, costs and at-
torneys' fees, the parties shall submit the matter to arbitration pursuant to the Revised
Uniform Arbitration Act, A.R.S �12-3001 et seq. (the "Act"), whose rules shall govern the
interpretation, enforcement, and proceedings pursuant to this section. Except as other-
wise provided in the Act, the decision of the arbitrator(s) shall be final and binding up-
on the parties.
Article 10. Indemnification
Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the
other party (as "Indemnitee") from and against any and all claims, losses, liability, costs,
or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"Claims") arising out of bodily injury of any person (including death) or property dam-
age, but only to the extent that such Claims which result in vicarious/derivative liabil-
ity to the Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
Article 11. No Joint Venture
It is not intended by this Agreement to, and nothing contained in this Agreement
shall be construed to create any partnership, joint venture, or employment relationship
between the Parties or create any employer-employee relationship between the Parties.
No Party hereto shall be liable for any debts, accounts, obligations, or other liabilities
whatsoever of the other.
Article 12. Workers' Compensation
Each Party shall comply with the notice of A.R.S. � 23-1022(E). For purposes of
A.R.S. � 23-1022, each Party shall be considered the primary employer of all personnel
currently or hereafter employed by that Party, irrespective of the operations or protocol
in place, and said Party shall have the sole responsibility for the payment of Worker's
Compensation benefits or other fringe benefits of said employees.
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Article 13. No Third Party Beneficiaries
This Agreement is intended to govern the rights and duties of the contracting Parties
only and is not intended to confer on any third party any rights or benefits which
would not exist in the absence of this Agreement.
Article 14. Notices
All notice requests and authorizations provided for in this Agreement shall be in
writing and shall be delivered or mailed, addressed as follows:
Town: TOWN OF NIARANA
Attention: T. VanHook
Community Development Director
Address: 11555 W. Civic Center Drive, Bldg. A3
Marana, Arizona 85653
With a copy to:
TOWN OF MARANA
Attn: Finance Director
11555 W. Civic Center Drive
Marana, Arizona 85653
University: THE UNIVERSITY OF ARIZONA
Attention: Lee Anne Peters, Contract Officer
Sponsored Projects Services
Address: P.O. Box 3308
Tucson, AZ 85722-2529
Article 15. Waiver
Neither Party's waiver of the other's breach of any term or condition contained in
this Agreement shall be deemed a waiver of any subsequent breach of the same or any
other term or condition of this Agreement.
Article 16. Remedies
Either Party may pursue any remedies available to it for the breach of this Agree-
ment, and no right or remedy is intended to be exclusive of any other right or remedy
existing at law or at equity or by virtue of this Agreement.
Article 17. Force Maj eure
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 rea-
son of uncontrollable forces. The term "uncontrollable forces" shall mean, for the pur-
pose 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
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facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil
disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy short-
age, casualty loss, acts of God, or action or non-action by governmental bodies in ap-
proving 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 Par-
ty 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.
Article 18. Construction of Agreement
18.1. This Agreement shall be governed by and construed and enforced in accord-
ance with the laws of the State of Arizona.
18.2. This Agreement represents the entire and integrated agreement between the
Parties and supersedes all prior negotiations, representations or agreements, either writ-
ten or oral.
18.3. If any provision of this Agreement is declared invalid or unenforceable, the
remainder shall continue in full force and effect.
18.4. This Agreement may not be changed or modified except by written agreement
signed by all Parties
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
forth below their representatives' respective signatures.
THE TOWN: THE UNIVERSITY:
TOWN OF MARANA, an Arizona munici-
pal corporation
By:
Ed onea, Mayor
ARIZONA BOARD OF REGENTS, UNIVERSITY
OF ARIZONA, ON BEHALF OF THE UNI-
VERSITY'S DRACHMAN INSTITUTE
By: � f�i�2� � �� �ll�//�
Lee Anne Peters, Contract Officer
ATTEST:
�
ocelyn . Bronson, Town Clerk
AT�sT:
t �� j . ,�„� � ,
01_.
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LIST OF EXHIBITS
Exhibit A: Map of Property
Exhibit B: Proposed Budget
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Pursuant to A.R.S. � 11-952, the undersigned public agency attorneys have determined
that the foregoing Intergovernmental Agreement between the Town of Marana and the
Arizona Board of Regents, University of Arizona, on behalf of the Drachman Institute is in
proper form and is within the powers and authority granted under the laws of the State of
Arizona.
i� • l/��i�•l1���iiG�
Attorney for Arizona Board of Regents
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Drachman Institute-College of Architecture & Landscape Architecture-University of Arizona
Marana Heritage River Park Master Concept Site Plan
Contract Proposal Bud�et for period Julv 1, 2012 - December 31, 2012
Proposed Budget Estimate - rev3 - 5/31/2012
Description of Work Total $
Personnel
PrincipalYnvesti�ator- Marilvn Robinson
.10FTEx6mos=104hrs $ 4,183
29.8% ERE $ 1,246
Co-Investi�ator - Katie Gannon
.40FTEx6mos=416hrs
29.8% ERE
Graduate Research Assistant - Erin Besold - Summer 2012
10 hrs/wk x 6 wks = 60 hrs @ 12.73/hr
11% ERE
26.79�o tuition remission
Graduate Research Assistant - David Corcoran - Summer 2012
10 hrs/wk x 6 wks = 60 hrs @ 12.73/hr
11% ERE
26.7% tuition remission
Classified Part Time Ancillarv Staff - GIS
100 hrs@$18/hr
8.7% ERE
Student Emplovees - ARC/LAR
2 x 10 hrs/wk x 20 wks = 400 hrs@ 12/hr
3.1% ERf
$ 10,999
$ 3,278
$ 764
$ 84
$ 204
$ 764
$ 84
$ 204
$ 1,8Q0
$ 157
$ 4,800
$ 149
Total Personnel $ 28,715
Oaerations
Printing expenses
Supplies
Software
Vehicle rental and mileage:
�
�
�
2,500
1,500
800
Summer 2012
6 days@ 100 mi/day = 600 mi x.20/mi $ 120
1/wk x 6 wks x$50/day $ 300
Fall semester 2012
15 days x $50/day $ 750
15 days x 100 mi/day = 1500 mi x.20/mi $ 300
TotalOperations $ 6,270
s
Marana Heritage River Park Master Concept Site Plan
Contract Proposal Bud�et for period lulv 1, 2012 - December 31, 2012
Proposed Budget Estimate - rev3 - 5/31/2012
Description of Work Tota) $
SU B-TOTAL
Less 26.79'o ERE Grad Student Remission
Adjusted Sub-Total
UA Indirect 2696
Plus 26.7% ERE Grad Student Remission
TOTAL
$ 34,985
$ �408)
$ 34,577
$ 8,990
$ 408
$ 43,975
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Drachman Institute-College of Architecture & Landscape Architecture-University of Arizona
Marana Heritage River Park Master Concept Site Plan
Contract Proposal Bud�et for period Julv 1. 2012 - December 31, 2012
Proposed Budget Estimate - rev3 - 5/31/2012
Description of Work Total $
Personnel
Principal Investi�ator - Marilvn Robinson
.10 FTE x 6 mos = 104 hrs $ 4,183
29.8% ERE $ 1,246
Co-Investi�ator - Katie Gannon
.40FTEx6mos=416hrs
29.8% ERE
Graduate Research Assistant - Erin Besold - Summer 2012
10 hrs/wk x 6 wks = 60 hrs @ 12.73/hr
11% ERE
26.7% tuition remission
Graduate Research Assistant - David Corcoran - Summer 2012
10 hrs/wk x 6 wks = 60 hrs @ 12.73/hr
11% ERE
26.7% tuition remission
Classified Part Time Ancillarv Staff - GIS
100 hrs@$18/hr
8.7% ERE
Student Emqlovees - ARC/LAR
2 x 10 hrs/wk x 20 wks = 400 hrs@ 12/hr
3.1% ERE
$ 10,999
$ 3,278
$ 764
$ 84
$ 204
$ 764
$ 84
$ 204
$ 1,800
$ 157
$
$
Total Personnel $
4,800
149
28,715
Operations
Printing expenses $ 2,500
Supplies $ 1,500
Softwa re $ 800
Vehicle rental and mileage:
Summer 2012
6 days@ 100 mi/day = 600 mi x.20/mi $ 120
1/wk x 6 wks x$50/day $ 300
Fall semester 2012
15 days x $50/day $ 750
15 days x 100 mi/day = 1500 mi x.20/mi $ 300
TotalOperations $ 6,270
Marana Heritage River Park Master Concept Site Plan
Contract Proposal Bud�et for period Julv 1, 2012 - December 31, 2012
Proposed Budget Estimate - rev3 - 5/31/2012
Description of Work Total $
SUB-TOTAL
Less 26.7% ERE Grad Student Remission
Adjusted Sub-Total
UA Indirect 26%
Plus 26.7% ERE Grad Student Remission
TOTAL
$ 34,985
$ (408)
$ 34,577
$ 8,990
$ 408
$ 43,975