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HomeMy WebLinkAbout11/07/2006 Blue Sheet Wildlife Mortality Study TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 7, 2006 AGENDA ITEM: 1.3 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: 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 Mafiana/Dove Mountain Extension. DISCUSSION 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. The information gathered in the study will be used to determine what features might be included in this CIP project to help facilitate natural movements of wildlife and minimize future wildlife mortalities. Pima County and the Town consider this area to be an area which is highly likely to continue to experience significant wild- life movements and activities. The total cost of the study is $15,752, of which Pima County Flood Control District will contrib- ute $5,000, with the balance to be paid by the Town. This study is the first one of a number of projects across the region over lands which Pima County and the Arizona Game and Fish Department have targeted as highly likely to experience wildlife movement and activity. Town staff has been invited to participate in this endeavor be- cause a number of these projects are within (or partially within) Town limits. RECOMMENDATION Staff recommends adoption of Resolution No. 2006-169, approving and authorizing the Mayor to execute an intergovernmental agreement with the Pima County Flood Control District. ATTACHMENT(S) Intergovernmental Agreement between the Pima County Flood Control District and the Town of Marana to provide Wildlife Mortality Study funding for the Camino de Manana road alignment. SUGGESTED MOTION I move to adopt Resolution No. 2006-169. {00002893.DOC I} FJC/cds 11/2/06 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 MANANAlDOVE 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 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 Mafiana/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 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 ofthe Town of Mar ana. 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 COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of November, 2006. Mayor Ed Honea APPROVED AS TO FORM: ATTEST: Frank Cassidy, Town Attorney Jocelyn Bronson, Town Clerk {00002894.DOC /} FJClcds J 1/2/06 INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY FLOOD CONTROL DISTRICT AND THE TOWN OF MARANA TO PROVIDE WILDLIFE MORTALITY STUDY FUNDING FOR THE CAMINQ DE MANANA ROAD ALIGNMENT THIS INTERGOVERNMENTAL AGREEMENT (this "lOA") 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 collectively referred to as the "Parties" and individually referred to as a "Party." RECITALS A. The Parties are authorized by Arizona Revised Statutes section ("A.R.S. ~") 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 Maiiana be- tween the westbound 1-10 frontage road and Tangerine Road. C. The Parties and Pima County are engaged in an effort 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 Maiiana roadway corridor. E. The Town has issued a Task Order Authorization to the Arizona Oame and Fish De- partment to conduct a wildlife mortality and track survey study (the "Wildlife Mortality Survey") for the Camino de Manana corridor between the westbound 1-10 frontage road and Tangerine Road in an amount not to exceed $15,752.00. F. The District desires to provide a portion of the funding for the Wildlife Mortality Study and to receive the benefits of being able to participate in the study and benefit from its findings. AGREEMENT Now, THEREFORE, pursuant to the above recitals, which are incorporated here as the pur- pose of the Parties in entering into this lOA, and in consideration of the matters and things set forth in this lOA, the Parties do mutually agree as follows: 1. Transfer of Funding. Within sixty days after the effective date of this lOA, the District shall transfer $5,000 to the Town. 2. Town's Use of Funding. The Town 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 and Information Sharing. The Town shall consult with District personnel in connection with providing direction for the Wildlife Mortality Survey, and shall {FC0047.DOC I} 9/14/20067:58 PM FJC MARANAlPIMA COUNTY FWOD CONTROL DISTRICT IGA FOR WILDLIFE MORTALITY SURVEY FUNDiNG provide copies of all Wildlife Mortality Survey documentation as it becomes available, and in any event not later than sixty days a~er the Wildlife Mortality 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 after the completion of the Wildlife Mortality Surveyor January 1,2009. 5. Cancellation for Conflict of Interest. This IGA is subject to the provisions of A.R.S. ~ 38-511, which provides for cancellation of contracts in certain instances involving conflict of interest. 6. Legal Authority. Neither Party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either Party lacks authority to enter into this IGA, or any part of it, then the IGA, 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 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 from 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, resulting 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 under the provisions of this paragraph. Each Party shall keep the other Party informed on a current basis of its defense of any claims, demands, suits, or judgments under this paragraph. c. Negligence of Indemnified 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. This paragraph shall survive the termination, cancellation or revocation, whether in whole or in part, ofthis IGA. 8. Construction of IGA. a. Entire lOA. This 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. Amendment. This IGA 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. {FC0047.DOC I} 9/14/20067:58 PM FJC MARANAlPIMA COUNTY FLOOD CONTROL DISTRICT IGA FOR WILDLIFE MORTALITY SURVEY FUNDING - 2 - d. Captions and Headings. The headings used in this IGA are for convenience only and are not intended to affect the meaning of any provision of this IGA. e. Severability. If any provision of this IGA 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 appli- cation, and to this extent the provisions of the IGA 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 substitute 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 this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between District and any Town em- ployees, or between the Town and any District 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. 11. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to cre- ate duties or obligations to or rights in third parties who are not Parties to this IGA or affect the legal liability of any Party to the IGA. 12. 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 desig- nated within this IGA. 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 of the State of Arizona are in- corporated by this reference as a part of this IGA as if set forth in full in this IGA. b. Americans with Disabilities Act. This IGA is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 D.S.C. S 12101-12213) and all 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. Waiver. 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 any subse- quent breach of the same or any other term, covenant, or condition contained in this IGA. 14. Force Majeure. A Party shall not be in default under this IGA if it does not fulfill any of its obligations under this IGA because it is prevented or delayed in doing so by reason of un con- trollable forces. The term "uncontrollable forces" shall mean, for the purpose of this IGA, 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, 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 {FC0047.DOC /} 9/14/20067:58 PM FIC MARANAlPIMA COUNTY FLOOD CONTROL DISTRICT IGA FOR WILDLIFE MORTALITY SURVEY FUNDING - 3 - which are not due to the negligence or willful action ofthe Parties, order of any government offi- cer 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. 15. Notification. All notices or demands upon any Party to this IGA shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail ad- dressed as follows: Town Manager 11555 N. Civic Center Drive Bldg A3 Marana AZ 85653. (520) 382-1900 (520) 382-1901 (Fax) Pima County Administrator 130 W. 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 this IGA. 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 vir- tue of this IGA. The Town: The District: IN WITNESS WHEREOF, District has caused this IGA to be executed by the Chair of its Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board, and the Town has caused this IGA to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. THE TOWN: THE DISTRICT: TOWN OF MARANA, an Arizona municipal corporation PIMA COUNTY FLOOD CONTROL DISTRICT, a political subdivision of the State of Arizona By: By: Ed Honea, Mayor Chair, Board of Directors Date: Date: ATTEST: ATTEST: Jocelyn C. Bronson, Clerk Lori Godoshian, Clerk of the Board {FC0047.DOC I} 9/14/20067:58 PM F1C MARANAlPIMA COUNTY FLOOD CONTROL DISTRICT lOA FOR WILDLIFE MORTALITY SURVEY FUNDING - 4 - ATTORNEY CERTIFICATION The undersigned attorneys for the Town of Marana and Pima County Flood Control District have determined, each as to their respective client only, that this lOA is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana and Pima County Flood Control District. Frank Cassidy, Town Attorney Deputy Pima County Attorney {FC0047.DOC I} 9/14/20067:58 PM FIC MARANAlPIMA COUNTY FLOOD CONTROL DISTRICT IGA FOR WILDLIFE MORTALITY SURVEY FUNDING - 5 - ~--~ MARANA ~/ j" November 15,2006 TOWN OF MARANA COMMUNITY INFORMATION SERVICES Connie Maraschiello Program Manager Pima County Regional Flood Control District 97 East Congress Street, Third Floor Tucson, AZ 85701-1797 Subject: mTERGOVERNMENTALAGREEMENTBETWEENP~COUNTY FLOOD CONTROL DISTRICT AND THE TOWN OF MARANA TO PROVIDE WILDLIFE MORTALITY STUDY FUNDmG FOR THE CAMmO DE MANANA ROAD ALIGNMENT Dear Ms. Maraschiello: Attached please find three original intergovernmental agreements for the above-referenced project. Please have the agreements executed by the County and recorded, and return one original agreement, with original signatures, and a copy of the recorded agreement to my attention at the address below. Please ensure that Marana Resolution No. 2006-169, enclosed with this letter, is recorded with the agreement. Thank you for very much for your help with this, and please do not hesitate to contact me at (520) 382-1999 if you have any questions. Sincerely, ~ ~ f1'kcJJJk> Tim Mattix Records and Elections Coordinator Town of Maran a, Clerk's Office Attachments: Three original intergovernmental agreements One copy ofMarana Resolution No. 2006-169 cc: Carl Larson, P.E., CIP Project Manager (attachments not included) tm 11555 W. CIVIC CENTER DRIVE, BLDG. A1 - MARANA, ARIZONA 85653-7007 _ TELEPHONE: (520)382-1999 _ FAX: 382-1998 "-..,-".,~~.,--,,,,,,,,,,_.,-~...."~_.,~-,.,,_..>-,..._,""",,,,;>,~-~,,,~""' Pima County Regional FLOOD CONTROL DISTRICT ~ PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT 97 EAST CONGRESS STREET, THIRD FLOOR TUCSON, ARIZONA 85701-1797 SUZANNE SHIELDS, P.E. DIRECTOR (520) 243-1800 FAX (520) 243-1821 October 10, 2006 Carl T. Larsen, P.E. Town of Marana, CIP Project Manager Public Works Department.- Engineering Division 11555 W. Civic Center Drive Marana, AZ 85653 RE: Intergovernmental Agreement - Wildlife Mortality Study Dear Carl: Enclosed you will find three (3) original Intergovernemental Agreements Between the Pima County Regional Flood Control District and the Town of Marana to Provide Wildlife Mortality Study Funding for the Camino de Marana Road Alignment. Once you have gotten them approved by your elected officials, please return them to my attention and I will direct them to th~ Pima County Board of Supervisors for action. Once through that process we can contribute our share of the funding for this study. If you have any questions please feel free to call me at 243-1883. Sincerely, /~~ b ~ JrcMMt'~ Connie Maraschiello Program Manager c: Suzanne Shields, PE., Director, Pima County Regional Flood Control District, Rick Ellis, Division Manager, Pima County Department of Transportation 'IJ-1Z-0() Pima County Regional flOOD CONTROL DISTRICT - PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT 97 EAST CONGRESS STREET, THIRD FLOOR TUCSON, ARIZONA 85701-1797 SUZANNE SHIELDS, P.E. DIRECTOR February 27, 2007 (520) 243-1800 FAX (520) 243-1821 Tim Mattix Records & Elections Coordinator Town of Marana, Clerk's Office 11555 W. Civic Center Dr., Bldg. A1 Marana, AZ 85653-7007 RE: Intergovernmental Agreement Between the Pima County Flood Control District and the Town of Marana to Provide Wildlife Mortality Study Funding for the Camino de Manana Road Alignment Dear Mr. Mattix: Enclosed you will find one original, executed copy of the above referenced intergovernmental agreement for your files along with a copy of the recorded documents. These documents were approved by the Pima County Board of Supervisors at their January 9, 2007 meeting. You will note that Marana's Resolution No. 2006-169 was recorded with the District Resolution and the original IGA. Should you have any questions, I can be reached at 243-1883. Thank you. Sincerely, , (!I/~./l;l-e. /)/tU /l~ C' ~ Connie Maraschiello Intergovernmental Agreements Manager Regional Flood Control District Cc: Carl Larson, P.E., CIP Project Manager, Town of Marana Rick Ellis, Division Mgr., Pima County Department of Transportation (Letter only)