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HomeMy WebLinkAboutResolution 2006-169 IGA with pima county flood control district for wildlife study MARANA RESOLUTION NO. 2006-169 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FLOOD CONTROL DISTRICT TO PROVIDE FUNDING FOR A WILDLIFE MORTALITY AND TRACKING STUDY ON THE FUTURE ALIGNMENT OF THE CAMINO DE MANANA/DOVE MOUNTAIN EXTENSION. WHEREAS the Arizona Game and Fish Department conducted a study to gather information on wildlife mortality, wildlife movements, and movement patterns along the future alignment of the Camino de MananaIDove Mountain Extension corridor to determine what features might be included with this project to help facilitate natural movements of wildlife and minimize future wildlife mortalities; and WHEREAS the future alignment of the Camino de Manana/Dove Mountain Extension is considered by Pima County, the Arizona Game and Fish Department, and the Town to be an area where wildlife movements and activity will continue to be highly likely; and WHEREAS the total cost of the study is $15,752, of which Pima County Flood Control District will contribute $5,000, and the Town will be responsible for the remaining $10,752; and WHEREAS the Mayor and Council find that the term of this intergovernmental agreement are in the best interest ofthe Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreement between the Town of Marana and the Pima County Flood Control 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. IT IS FURTHER RESOLVED that the Town's 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 aforementioned intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCI , F THE TOWN OF MARANA, ARIZONA, th~s}t~\~~ of,,~ovember, 2006. j~~~;:~3;~ _ V-- ~,S' j-. [r! \JJ~' t ~ Y' ~ Mayor E Honea '11':.... '1'" (.;,.~ A ';i:f h:.! ctWj ",~ ..-::, ",; 'f' rU..:: ""'" APPRO E A ;;;;. ~~~'A,;U .. ~ .;: ATTEST: ',>~~ "'>ff",,,,~ ~ .,:~:> ~c:'~,;:,~;~I;~%,~,'r:i-~~~ {00002894.DOC /} FJC/cds 11/2/06 I P0230 PIMA CO CLERK OF THE BOARD PICKUP RES 12971 5930 8 20070101252 01/16/2007 17:30 F. ANN RODRIGUEZ, RECORDER RECORDED BY: C D DEPUTY RECORDER 0224 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: PICKUP AMOUNT PAID $ 0.00 Resolution No. 2007 - Fe 2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT AND; THE TOWN OF MARANA FOR FUNDING OF A WILDLIFE MORTALITY AND TRACKING STUDY IN THE VICINITY OF THE CAMINO DE MANANA ROAD ALIGNMENT WHEREAS, the Town of Marana ("the Town") is in the process of designing road improvements to Camino de Manana between the westbound Interstate10 frontage road and Tangerine Road commonly known as the Camino de Manana/Dove Mountain Extension, and WHEREAS, the Camino de Manana/Dove Mountain Extension will be located in an area of high volume wildlife movement and activity, and WHEREAS, the Town wishes to gather information on wildlife mortality, wildlife movements, and movement patterns in the vicinity of the Camino de Manana/Dove Mountain Extension to assist with the implementation of features which would enhance wildlife movement and minimize wildlife mortality due to the proximity of the Camino de Manana/Dove Mountain Extension, and WHEREAS, the Arizona Game and Fish Department (AGFD) has the local expertise and is willing to conduct the requisite wildlife mortality study for the Camino de MananalDove Mountain Extension at a cost of approximately $15,752.00, and WHEREAS, the Pima County Regional Flood Control District ("the District") has an interest in the results and recommendations of the AGFD study since many commonly used wildlife movement enhancement features are incorporated into the flood control and drainage elements of the roadway project and the results of this study can be utilized in other District projects in the same area, and WHEREAS, the District wishes to contribute $5,000.00 to the cost of AGFD study, with the remaining $10,752.00 to be contributed by the Town of Marana, and 1- I)! ~i;. ~i 7 1 WHEREAS, the Town and the District are authorized by A.R.S. S 48-3603 and A.R.S. S 11-952 to enter into intergovernmental agreements with other public agencies for joint and cooperative action, and WHEREAS, the District and the Town have determined it to be in the best interest of the public to mutually participate in the AGFD Wildlife Mortality Study and wish to enter into an intergovernmental agreement for such purpose, and i~~ 5 C] ~, :3 r.~ WHEREAS, the Town approved said intergovernmental agreement at its regularly held public meeting held on November 7,2006 as Resolution No. 2006-169, NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED, BE IT RESOLVED THAT: 1. The District shall into the intergovernmental agreement with the Town of Marana to fund and facilitate a wildlife mortality study in the area of Camino de Manana/Dove Mountain Extension to be conducted by the Arizona Game and Fish Department. 2. The Chairman of this Board is hereby authorized and directed to sign the intergovernmental agreement with the Town of Marana. 3. The various Pima County Regional Flood Control Department officers ahd employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. PASSED, ADOPTED AND APPROVED this 2007. 9th day January, JAN 0 9 Z007 ATT~ ~~~ CLE~K OF THE BOARD ~ l f'j; 9 'l j lSil 1'- ~) Sl p~ .J' 1 - "- MARANA RESOLUTION NO. 2006-169 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FLOOD CONTROL DISTRICT TO PROVIDE FUNDfNG FOR A WILDLIFE MORTALITY AND TRACKING STUDY ON THE FUTURE ALIGNMENT OF THE CAMfNO DE MANANAJDOVE MOUNTAfN EXTENSION. WHEREAS the Arizona Game and Fish Department conducted a study ;to gather information on wildlife mortality, wildlife movements, and movement patterns along the future alignment of the Camino de Manana/Dove Mountain Extension corridor to determine what features might be included with this project to help facilitate natural movements of wildlife and minimize future wildlife mortalities; and WHEREAS the future alignment of the Camino de MananaIDove Mountain Extension is considered by Pima County, the Arizona Game and Fish Department, and the Town to be an area where wildlife movements and activity will continue to be highly likely; and WHEREAS the total cost of the study is $15,752, of which Pima County Flood Control District will contribute $5,000, and the Town will be responsible for the remaining $10,752; and WHEREAS the Mayor and Council find that the term of this intergovernmental agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the intergovernmental agreement between the Town of Marana and the Pima County Flood Control 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. IT IS FURTHER RESOLVED that the Town's 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 aforementioned intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNC MARANA, ARIZONA, th,~~J:t~,.~~ ?~~ovember, 2006. ,i:?,;,,{~:~:~';~'~;~~;ti:~~ ~ /? $I ~')RPOil.::1'j- '?,. ~ .... ;:.; .~ v 000'" ~..... ~ ~A: '",: r"o.l'n ~ ~.)o ~ ;......".. ';,.. '~&i A? :::: ~ "..::w:' ~ """".,tL;u.~;::: "Uo ATTEST .~~~ .~~~~ ..;#;: : "';...; _.:.-:.1i{m\.~:I'....'i .-~t '-.f~ ,'r: :'7;.; :::! ..-~';' {OOOO2894,DOC /} F THE TOWN OF ~ i ;', .11::. (:1 ,~, ~'J i r~ r: ~, ~ J 2 ".'. .~ ~ FJC/cds J 1/2/06 CONT~ACT NO. tJ/.5r.m./Jr~7o. a/~1 AMENDMENl ~o, This numoer r _~. <:-:~r invoices, cer':;,::' ;::":e documents ~er:a . ~; to contract on all and this INTERGOVER.l'\fMENT AL AGREEM,ENT BETWEEN PIMA COUNTY FLOOD CONTROL DISTRICT Al'c'D THE TOWN OF 1\fARANA TO PROVIDE \VILDLfFE MORTALITY STUDY FuNDING FOR THE CAMINO DE l\IANANA ROAD ALIGNMENT THIS INTERGOVERNMENTAL AGREEMENT (this "'IGA") is entered into by and between the. PIMA COUNTY FLOOD CONTROL DISTRICT, a political subdivision of the State of Arizona (the' "District") and the TOWN OF MARANA, an Arizona municipal corporation, (the "Town"). The. Town and the District are sometimes collectivelv referred to as the "Parties" and individuallv ' - - refened to as a "Party." RECITALS A. The Parties are authorized by Arizona Revised Statutes section ("A.R.S. 9") 11-952, et seq., to enter into agreements for joint and cooperative action. B. The Town is in the process of designing road improvements to Camino de Mafiana be- tween the 'vvestbound 1-10 frontage road and Tangerine Road. C. The Parties and Pima County are engaged in an dfort to study the effect of roads and roadway improvements on wildlife corridors in the Tucson region. D. The Parties anticipate a high likelihood of significant wildlife movements across the Camino de Manana roadway corridor. E. The Town has issued a Task Order Authorization to the Arizona Game and Fish De- paltment to conduct a wildlife mortality and track survey study (the "Wildlife MOI1ality SLU'vey") for the Camino de Mariana corridor between the westbound 1-10 fi'onlage road and Tangerine Road in an amount not to exceed $15,752,00. F. The District desires to provide a pOI1ion of the funding f()r the \Vildlife Mortality Study and to receive the benefits of being able to participate in th~:study and benefit from its findings. AGREEMENT Now, THEREFORE, pLU'Sllant to the above recitals, which are incorporated here as the pur- pose of the Panies in entering into this lOA, and in ,consideration of the matters and things set forth in this lOA, the Parties do mutually agree as follo\\is: L Transfer of Funding. Within sixty days after the effective date of this IGA. the District shall transfer $5.000 to the Town. 2. Town's Use of Funding. The To"vn shall use the funds received from the District pursu- ant to paragraph 1 above solely to pay a portion of the Town's Wildlife Mortality Survey cost. 3. District Participation ~llld Information Sharing. The Tmvn shall consult with District personnel in connection with providing direction for the Wildlife ],vlo1tality Survey, and shall : FC0047.DOC i) <)!l4i2006 7:58 Pt-.1 FJC \1.-\RAN1\iPIMA COUNTY FLOOD CONTROL DrSTRlcr lOA FOR \VJLDUrE MOR.'rALlTY St'R VFY I:UNDlNG 1 :2 .:j ~r 1 lr' ,:J ".. .:~ .::JI ,,,,J! 0"'1; 'I';); :3 provide copies of all Wildlife Mortality Survey documentation as it becomes available, and in any event not later than sixty days after the Wildlife jvlortality Survey is completed. 4. Term and Termination. This IGA shall be effective when it is recorded with the Pima County Recorder's Office and shall remain in effect until the earlier of eight months ailer the completion of the Wildlife M011ality Surveyor January 1,2009. 5. Cancellation for Conflict of Interest. This lOA is subject to the provisions of A.R.S. S 38-511, which provides for cancellation of contracts in ce11ain instances involving conflict of interest. 6. Legal Authol.jty. Neither Party warrants to the other its legal authority to cnter into this IGA. If a court, at the request of a third person, should declare that either Party lacks authQrity to enter into this lOA, or any part of it, then the lGA, or pat1s of it affected by slIch order, shall be null and void, and no recovery may be had by either Party against the oTher for lack of perform- ance or otherwise. 7. Indemnification. a. Mutual Indemnity. To the fullest extent permitted by law, each Party shall indemnify, defend and hold the other Party, its governing board or body, officers. departments, employ- ees and agents, harmless fi'Oll1 and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, at- torney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and na- ture, fcsulting from or arising out of any act or omission of the indemnifying Party, its agents, employees or anyone acting under its direction or control, whether intentional, negli- gent grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this IGA. b. Notice. Each Party shall notify the other in writing within thirty days of the receipt of any claim, demand, suit or judgment against the receiving Party for which the receiving Party intends to seek indemnification underthe provisions of this paragraph. Each Party shall keep the other Party informed on a ClllT(;~nt basis of its defense of any claims. demands, suits, or judgments under this paragraph. c. Negligence (~llndemJ1ified Party. The obligations under this paragraph shall not ex- tend to the negligence of the indemnified Party, its agents or employees. d. Survival of Termination. .rhis paragraph shall survive the termination, cancellation or revocation, whether in whole or in pat1, of this lOA. 8. Construction ofIGA. a. Entire JGA. .l"his instrument constitutes the entire agreement between the Parties per- taining to the subject matter of this IGA, and all prior or contemporaneous agreements and understandings, oral or written. are hereby superseded and merged in this IGA. b. Amendmem. This lGA shall not be modified, amended, altered or changed except by written agreement signed by the Parties. c. Construction and Interpretation. All provisions of this IGA shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof '~J ,JI. J'~~ ~.l ~, ~~r; :1. ~ t~ ,.:J! C11 3 1.1 {FCCH}4f.[)(X; n 4/14/1006 7.:5S P\.1 FJC \L'RAN"fPIMA COUNTY FUX.J[J CONTROL DL'3TRIC" IGri F()j~ \VIlDLlFE MORrAl.IT':' SURVEY FUNniNG - ? - d. CapUons and Headings. The headings used in this lOA are for convenience only and are not intended to affect the meaning of any provision of this lOA. e. Severabili(v. If any provision of this lOA or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no etTect on other provisions and their application which can be given effect without the invalid or void provision or appli- cation, and to this extent the provisions of the 10/\ are severable. If any provision of this IGA 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 substinite provision. 9. Legal Jurisdiction. Nothing in this IGA shall be construed as either limiting or extending the legal jurisdiction of the Parties. 10. No .Joint Venture. It is not intended by tlus IGA to, and nothing contained in this lGA shall be construed to, create any pat1nership, joint venture or employment relationship between the Parties or create any employer-employee relationship bet\vcen District and any Town em- ployees, or between the Town and any District employees. No Party shall be liable for any debts. accounfS, obligations or other liabilities whatsoever of the other, including (\vithout limitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 11. No Third Party Henefi(.~iaries. Nothing in the provisions of this lOA is intended to cre- ate duties or obligations to or rights in third parties \-\'ho are not Parties to this KIA or affect the legal liability of any Patty to the lOA. 12. Compliance ,yith Laws. The Parties shall comply with all applicable federal. stale and local laws, rules. regulations, standards and executive orders, without limitation to those desig- nated within tl1is lOA. a. Anti-Discrimination. The provisions of A.R.S. 941-1463 and Executive Order 75-5, as amended by Executive Order 99-4, issued by the Governor of the State of Arizona are in- corporated by this reference as a pati of this lOA as if set forth in fulJ in this lOA. b. Amerh:ans wilh Disabilities ..leI. This lOA is sul~ject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.c. S 12101-12213) and aJl ap- plicable federal regulations under the Act, including 28 CFr~ Parts 35 and 36. . c. Legal Compliance. The Parties hereby agree to comply with all applicable federal. state and local laws. 13. Wniver. Waiver by any Party' of any breach of any term. covenant or condition contained in this IGA shall not be deemed a waiver of any other term. covenant or condition, or ai1Y subse- quent breach of the same or any other term, covenant, or condition contained in this IeiA. 14. Force Majeure. A Party shall not be in default under this IGA if it does not fulfill any of its obligations under this lOA because it is prevented or delayed in doing so by reason of uncon- trollahle forces. The term "uncontrollable forces" shall mean, for the purpose of this fGA, any cause beyond the control of the Party affected, including but not limited to failure of f~lcilities, breakage or accident to machinery or transmission facilities, weather conditions. f1ood, earth- quake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dis- pute, 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 t ~.~ .;i!:;., q '~r 1 l;~ b ~l 3 t' ,.) !FC0047.D(X!} 90\112006 75g PM FJ( \lAHANi\iP1Mi\ COUNTY Fl.OOD CONTROL DISTRICT IGA FOR \V'U)I.IFl\ MOB L:,UTY SURVEY FtS!)l\iti - .J - which are not due to the negligence or willful action of the Parties, order of any government offi- cer or court (excluding orders promulgated by the Parties themselves), and declared local. stale or national emergency, which, by exercise of due diligence and foresight. sllch 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 slIch inability with all reasonable dispatch. 15. Notification. All notices or demands upon any Party to this ICiA shall be in writing. unless other forms are designated else\vhere, and shall be delivered in person or sent by mail ad- dressed as follows: Town Manager 11555 N. Civic Center Drive Bldg A3 Mamna AZ 85653 (520) 382-1900 (520) 382-1901 (Fax) Pima County Administrator 130 \V, Congress Tucson AZ 85701 (520) 740-8751 (520) 740-8171 (Fax) 16, Remedies, Any Party may pursue any remedies provided by law for the breach of lhis lOA, 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 OJ" by vir- tue ofthis IGA. The Tovt'n: The District: IN WITNESS WHEREOF. District has caused this lOA to be executed by the Chair of its Board of Directors, upon resolution of the Board :md attested to by the Clerk of the Board. and the Town has caused this lOA to be executed by the r.,..1ayor upon resolution of the Mayor and Council and attested to by its Clerk. THE TmVN: THE DISTRJCT: TOWN OFMARAN/\, an Arizona municipal corporation /:L ~/ By: ~t:- Ed 1- onea. lVlayor Pi\lA COUNTY..FLOOD CONTROL DlSTR1CT. a political subdiv., r the Sl' f Arizona By:. Date: i \ { I L-\ J d-- GO-b Date: /-9-~ 7 1 "' ,I:;, q ;;, 1 ~ a:5 ~;l 3 Ei JOCtlfynC. BroLori Oodoshian, Clerk orthe Board ./ ' -:IT0047.DOC II C)jI4!2!1067 5& PM ~.iC lvhRANAiPlMA COUNT\' FLOOD CONTROL DISTRiCT [GA FOR WILDUFE 1\10RTALlfY SURVEY Fl.'NDING - 4 - ATTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and Pima County Flood Control District have detennined, each as to their respective client only, that this IGA is in proper Itmn and is within the powers and authority granted under Arizona law to the Town of Marana and Pima County Flood COl1tr 1 District. ,. ;FC0047.DCl(' n 9il4!'2006 751\ PM FJC i\hRANAiPlMA COUNTY FLOOD CUNTROL D1STRlCT lGA FOR WILDLIFE MURTALlrY SURVEY FUNDING - 5 - 1 J~~I 9 l""'~~ l 1. I:) 1:,"' .,1 ~~ :3 Ib:i'