HomeMy WebLinkAboutResolution 2015-017 Agreement with PAG for Public Art FundingMARANA RESOLUTION NO. 2015-017
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING TIE
TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE PIMA ASSOCIATION OF
GOVERNMENTS (PAG) FOR PUBLIC ART FUNDING FOR THE SUMMER YOUTH
TRANSPORTATION .ART PROGRAM FROM 2015 TI- TROUGH 2019
WHEREAS the Town of Marana currently administers an ongoing Summer Youth Transpor-
tation 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 (HURF) for public art projects as part of the Summer
Youth Transportation Art Program commencing the summer of 2015 and continuing each calendar
year thereafter through December 31, 2019; and
WHEREAS the Town Council finds that it is in the best interests of the community to enter
into an Agreement for Public Art Funding with PAC to fund the Summer Youth Transportation Art
Program.
NOW rrHEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL of THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Agreement for Public Art Funding between the Town of Marana and PAG,
attached to and incorporated by this reference in this resolution as .Exhibit A, is hereby approved and
the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objec-
tives of the Agreement.
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Marana Resolution No. 2015 -017
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th da of Februar 2015.
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Ma 4Ed mea
ATTEST:
& 0 e
l C. I nson, Town Clerk.
Mar ana Resolution No. 20 F -0
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APPROVED AS TO FORM:
Exhibit A to Resolution 2015 -017
PAC Contract:
AGREEMENT FOR PUBLIC ART FUNDING
THIS AGREEMENT is entered into by and between The Town of Marana, a political
subdivision of the State of Arizona, hereinafter called "Jurisdiction," and the Pima Association
of Governments, an Arizona non -- profit corporation, hereinafter called "PAG."
R F.CTT A T .',q
WHEREAS, Jurisdiction intends to administer a Summer Youth
Transportation Art Program to provide youth with employment, training and
experience in creating forms of public art; and
WHEREAS, PAC intends to contribute Highway User Revenue Funds to
Jurisdiction's Summer Youth Transportation Art Program (the "Program")
commencing with the summer of 2015 and continuing each calendar year
thereafter throughout the term of this AGREEMENT.
NOW. THEREFORE the Parties agree as follows:
ARTICLE I
TERM AND MAXIMUM AMOUNT:
The term of this AGREEMENT begins on the date of signature by the PAG Executive
Director and terminates on December 31, 2019, unless sooner terminated, or 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 notifying all of the
participating jurisdictions of the amount of HURF funds available for the next calendar year.
Jurisdiction shall not undertake any PAG funded work on the Program until PAG issues a
Notice To Proceed (NTP) to Jurisdiction.
The Parties acknowledge that, upon completion and acceptance of the work undertaken
during each year of the Program, Jurisdiction may respond to PAG's solicitation by applying to
continue Program participation during the succeeding year in accordance with PAG's
Transportation Art By Youth Program Policies in effect at the time of application. Annual
preliminary approval and determination of eligibility of Jurisdiction's proposed project(s)
submitted under this Program shall rest with PAG's Transportation Planning Committee
(TPA }. Final approval of Jurisdiction's proposed project(s) rests with the Arizona Department
of Transportation (ADOT). Upon final approval from ADOT, PAC will promptly issue a NTP.
Page 1 of S
Exhibit "A"
Exhibit A to Resolution 2015 -017
The maximum contribution to Jurisdiction by PAG under this AGREEMENT is limited
to $125,000.00. If the Jurisdiction has remaining funds from a previous PAG Program
contract, it may but need not incorporate the balance of such funds into this AGREEMENT.
ARTICLE II
PURPOSE AND WORK STATEMENT:
Jurisdiction will submit each project for approval each year to the PAG
Transportation Planning Committee.
Jurisdiction's Duties:
ARTICLE III
Jurisdiction shall provide the following services:
• Administer the project as approved by the Transportation Planning Committee each
year.
• Recruit youth from economically disadvantaged areas.
• Consult with elected officials and other interested 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 for the project, including cost and quality control
measures for design and construction, and ownership and maintenance of the final
project.
• Submit a final report to PAG detailing the results of the program for the subject
calendar year.
• Submit confirming, complete and accurate invoices for 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 not be paid, unless PAG determines that extenuating
circumstances prevail.
Page 2 of 8
Exhibit A to Resolution 2015 -017
• Applications should include a budget breakdown that provides a separate line item for
youth stipends. Note: 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 shall be set by the PAG
Transportation Planning Committee. Jurisdiction may elect to augment funds
provided by PAG at the sole discretion of Jurisdiction.
B. PAG shall reimburse Jurisdiction within thirty (30) days of receipt of acceptable,
properly completed invoices detailing project progress and expenditures.
ARTICLE V
TERMINATION 1 EXTENSION FOR CONVENIENCE:
Either party may, at any time and without cause, cancel this AGREEMENT by serving
upon the other party thirty (30) days advance written notice of such intent to cancel. In the
event of such cancellation, PAG's only obligation to Jurisdiction shall be payment for services
rendered prior to cancellation. If mutually agreed by PAG and Jurisdiction, the term and
maximum amount of this AGREEMENT may be modified by written agreement signed by both
Parties
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 or further obligation, made by the
Page 3 of 8
Exhibit A to Resolution 2015 -017
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 tune, 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."
1�. 1. Ea. V lei.. X.DITA 1
ASSIGNABILITY:
Jurisdiction 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 for money due or to become due to Jurisdiction 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
OFFICIALS NOT TO BENEFIT:
No member of or delegates to the Congress of the United States of America, and no
•esident commissioner, shall be admitted to any share or part of the AGREEMENT or to any
benefit to arise here from..
ARTICLE IX
NONDISCRIMINATION:
Affirmative Action Provisions: Jurisdiction agrees to abide by the PAG affirmative
action policies as stated in PAG Resolution # 84 - dated November 21, 1 984. These are
included in the Personnel Policies of the Pima Association of Governments as approved by
the PAG Regional Council on November 21, 1 984, and as they may be amended. Both
parties agree to comply with Executive Order 2009 -09 of the Governor of the State of
Arizona.
ARTICLE X
AMERICANS WITH DISABILITIES ACT:
Jurisdiction shall comply with all applicable provisions of the Americans with
Page 4 of 8
Exhibit A to Resolution 2015 -017
Disabilities Act (Public Law 101- 336,42 D.S.C. 12101- 12213), and applicable Federal
regulations under this Act.
ARTICLE xI
NON — WAIVER:
The failure of either party to insist 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 XII
INDEMNIFICATION:
To the fullest extent permitted by law, each party (as "Indemnitor ") agrees to indemnify, defend
and hold harmless the other party, its officers, officials, employees, agents, volunteers,
successors, and assigns (as "Indemnitees ") from and against any and all claims, losses, liability,
costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as
"claims, " arising out of bodily injury to any person ('including death) or property damage, but
only to the extent that such claims which result in liability to the Indemnitees, are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials,
agents, employees, or volunteers, successor, or assigns, provided, however, that the Indemnitor
shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence.
ARTICLE XIII
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 xIV
Funding for this AGREEMENT is being; provided by the Arizona Department of
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Exhibit A to Resolution 2015 -017
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 Jurisdiction until PAG receives funding
from the ADGT. Costs incurred by Jurisdiction as the result of any changes by PAG and/or by
Jurisdiction outside the general Scope of this AGREEMENT will not be allowed for
reimbursement under this AGREEMENT unless these changes and related costs have been
approved by PAG in writing prior to incurring the costs.
ARTICLE xV
If Jurisdiction is self-insured as a governmental entity, the Parties acknowledge that
Jurisdiction's program of self-insurance meets the following minimum requirements of this
AGREEMENT. Otherwise, Jurisdiction shall obtain insurance as described below and keep
such coverage in force throughout the life of the AGREEMENT. All policies must contain an
endorsement providing that written notice be given to PAG 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. Jurisdiction must agree that the insurance will
be primary and that any insurance carried by PAG will be excess and noncontributing.
Coverage Afforded
Coverage Afforded
Limits of Liability
Workers' Compensation
$100,000
Employees Liability
Professional Liability
$500,000
(Errors and Omissions)
General Liability
$1,000,000
ARTICLE xVI
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 Jurisdiction.
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Exhibit A to Resolution 2015 -017
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date signed
by the PAG Executive Director.
Town of Marana
Gilbert Davidson, Town Manager
ATTEST;
Jocelyn Bronson, Town Clerk
APPROVED AS To CONTENT:
Lisa Shafer, CDNS Director
APPROVED AS TO FORM:
Date:
Frank Cassidy, Town Attorney
PIMA ASSOCIATION OF GOVERNMENTS
Farhad Moghim.i
EXECUTIVE DIRECTOR,
and not personally.
APPROVED AS TO FORM:
Date:
Page 7 of 8
Exhibit A to Resolution 2015017
Thomas Benavidez
PAG Legal Counsel
Date:
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