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HomeMy WebLinkAboutResolution 2019-039 RTA IGA for The Park and Ride at Marana Crossroads Park MARANA RESOLUTION NO. 2019-039 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY (RTA) FOR THE CONSTRUCTION OF THE PARK AND RIDE AT MARANA CROSSROADS PARK AND A TERMINATION AGREEMENT TERMINATING THE INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT WITH THE RTA FOR THE CONSTRUCTION OF THE PARK AND RIDE AT ARIZONA PAVILIONS WHEREAS A.R.S. § 48-5301, et seq., authorizes the Regional Transportation Authority of Pima County (RTA) to act as a regional taxing authority for the purpose of funding multi-modal transportation operations and improvements identified in the Regional Transportation Plan approved on May 16, 2006; and WHEREAS the RTA is authorized by A.R.S. § 48-5304 (16) and § 48-5308 to administer and distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Regional Transportation Plan; and WHEREAS on March 21, 2017, the Town Council adopted Resolution 2017-021 approving an Intergovernmental Transportation Funding Agreement with the RTA for the Arizona Pavilions Park and Ride; and WHEREAS the Intergovernmental Agreement approved by Resolution 2017-021 should be terminated because the Park and Ride has subsequently been moved to Crossroads at Silverbell District Park ("Marana Crossroads Park"); and WHEREAS funding for additional construction to the Park and Ride at Marana Crossroads Park is required to allow direct access from the parking lot and improved lighting during winter months; and WHEREAS the Park and Ride at Marana Crossroads Park is a project that falls within the Park and Ride/Transit Centers Sub-Element of Regional Transportation Plan Element IV (Transit), and eligible for RTA funding; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into the intergovernmental agreement addressed by this resolution to facilitate the establishment of the Park and Ride at Marana Crossroads Park. 00063105.DOCX/3 Marana Resolution No.2019-039 - 1 - 3/9/2017 11:00 AM NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The Intergovernmental Transportation Funding Agreement between the Town of Marana and the RTA for the Park and Ride at Marana Crossroads Park attached to and incorporated in this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. Section 2. The Termination Agreement terminating the Intergovernmental Transportation Funding Agreement between the Town of Marana and the RTA for the Park and Ride at Arizona Pavilions attached to and incorporated in this resolution as Exhibit B is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. Section 3. 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, conditions and objectives of the intergovernmental agreement between the Town of Marana and the RTA for the Park and Ride and Marana Crossroads Park. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of May, 2019. 1 i141b,,, // f r Mayor E• Honea ATTA. APPROV D AS 0 FORM: •ii - .# �/ --- Cherry L. L. son, Town Clerk 7Fra Cassia , Town Atto- ey .4460& MARANA AZ ESTABLISHED 1977 00063105.DOCX/3 Marana Resolution No.2019-039 - 2 - 3/9/2017 11:00 AM EXHIBIT A INTERGOVERNMENTAL TRANSPORTATION FUNDING AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY AND TOWN OF MARANA FOR PARK AND RIDE AT MARANA CROSSROADS PARK This Agreement (hereinafter "the Agreement") is entered into by and between the Regional Transportation Authority of Pima County ("RTA" or "the Authority"), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, an Arizona municipal corporation ("the Lead Agency") pursuant to A.R.S. § 11-952. RECITALS A. A.R.S.§ 48-5301, et seq., authorizes the Authority to act as a regional taxing authority for the purpose of funding multi-model transportation operations and improvements identified in the Regional Transportation Plan ("the Plan") approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the Authority is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48-5303. C. Pursuant to A.R.S. § 48-5304 (12), the governing board of the Authority has sole authority to implement the elements of the Plan. D. Pursuant to A.R.S. § 48-5304 (13), the governing board of the Authority shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48-5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plan. F. The Authority is authorized by A.R.S. §§ 48-5304 (16) and 48-5308 to administer and distribute the regional transportation funds to the members of the Authority and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. G. The Lead Agency, with funding from the Authority, wishes to provide a Park and Ride lot at Marana Crossroads Park near the Silverbell Road and Cortaro Road intersection ("the Project"). H. The Project is one of the transportation projects included in the Plan or is eligible for funding as part of a categorical program included in the Plan. I. The Authority intends to fund the Project under the terms and conditions contained in this Agreement and has entered into this Agreement for that purpose. RTA IGA Park and Ride at Crossroads Park 1 2/21/2019 8:49 AM J. It is the policy of the Authority to require that a lead agency be identified and an intergovernmental agreement (IGA) be approved and entered into by the Authority and the lead agency before requests for funding reimbursement or payment can be processed by the Authority. K. The Town of Marana_has been identified as the Lead Agency for the Project and will be responsible for all aspects of project implementation including, but not limited to, planning, project management, risk management, execution and administration of the Project. The Authority's role is limited to providing financial support to the Lead Agency for the Project, as described herein. L. The RTA's Administrative Code will control all payments and other procedures unless otherwise specified herein. M. The Authority and the Lead Agency 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. NOW, THEREFORE, the Town of Marana and Authority, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties for the design, construction, maintenance and operation of the Project and to address the legal and administrative matters among the parties. 2. Project. The Project consists of a parking area land lease, as more fully described in the attached Exhibit A, including the following: a. Detailed project scope and schedule. b. Project budget and cost breakdown of items eligible for reimbursement by the Authority including any proposed billing of staff time directly attributable to Project. c. Total amount of RTA funding allowed for the Project plus a breakdown of any other regional, local, federal or state funding available. d. Designation of Project phases, if applicable, and any additional related agreements. e. Projected timeline. f. Identification of the Lead Agency's duly authorized representative for signing and submitting payment requests. 3. Effective Date; Term. This Agreement shall become effective upon its execution by both parties, and shall continue in effect until all improvements constructed pursuant to this Agreement are completed, all eligible reimbursement payments to the Lead Agency are concluded, and all warranties applicable to the Project have expired. 4. Responsibilities of the Lead Agency. a. The Lead Agency shall be responsible for the delivery of the Project in accordance with this Agreement and all applicable design and construction standards. Design Standards are federal, state, county or municipal standards for engineering, traffic, safety or public works facilities design. Examples of Design Standards include the American Association of RTA IGA Park and Ride at Crossroads Park 2 2/21/2019 8:49 AM State Highway and Transportation Officials and Federal Highway Administration standards for highway engineering and construction, the Pima County/City of Tucson Standard Specifications for Public Improvements, the Pima County Roadway Design Manual, the Pima County Department of Transportation /City of Tucson Department of Transportation Pavement Marking Design Manual, and Pima County and municipal design guidelines for roadway lane widths and level of drainage protection. b. The Lead Agency shall immediately provide to the Authority copies of any and all contract documents and related materials upon request by the Authority. The Lead Agency shall retain the usual rights of the owner of a public contract including the authority to approve changes and make payments. However, any changes to the Project which would result in the final project cost deviating, by ten or more percent, from the Authority's budget amount for the Project, must be approved by the Authority in advance of those changes being made, regardless of the fact that the Authority will not be paying for them. c. The Lead Agency shall be responsible for all traffic management and public safety, including public notification, during construction of the Project. d. The final cost of the Project shall be that amount necessary to complete the Project including any unanticipated work incorporated into the Project by change orders and amendments executed by the Lead Agency. The Lead Agency shall be responsible for all Project costs in excess of the RTA funds contributed to the Project. e. The Lead Agency shall exercise its power of eminent domain, if necessary, to acquire property needed for the Project. f. Inasmuch as the RTA's role is limited to Project funding, the Lead Agency agrees, to the fullest extent permitted by Arizona law, to indemnify, defend, and hold harmless the RTA and its Board and officers, from, for, and against, any and all claims, demands, damages, liabilities or penalties, brought by or on behalf of any persons or entities, arising out of the Lead Agency's activities in performance of its obligations under this Agreement or use of RTA's resources, as described herein, regardless of how such claims are worded or styled, and regardless of the specific cause of action or type of claim asserted. This subsection shall survive termination of this Agreement. g. The Lead Agency shall require its contractors performing any portion of the Project to name the Authority as additional insured and additional indemnitee with respect to insurance policies for general liability, automobile liability and defects in design in all of the Lead Agency's contracts for the Project. The Lead Agency shall also require its contractors to name the Authority as an additional beneficiary in any performance and payment related assurances posted for the Project. h. Monthly, the Lead Agency shall be responsible for preparing and submitting to the Authority reimbursement requests (invoices). Said requests shall be signed by a duly authorized representative of the Lead Agency and shall include sufficient background information documenting payments made to contractors, vendors or any other eligible costs identified in this Agreement or the RTA's Administrative Code. The Lead Agency must retain and certify all vendor receipts, invoices and any related Project records as needed and ensure that they are available for review for a minimum of five (5) years after final payment is made unless otherwise specified herein. RTA IGA Park and Ride at Crossroads Park 3 2/21/2019 8:49 AM i. The Lead Agency shall be responsible for submitting a status report describing its progress and adherence to the Project scope, schedule and budget. Progress reports shall be submitted to the RTA monthly. j. The Lead Agency shall adhere to the RTA Administrative Code, including the requirements for a Project Charter (where applicable), a Project Closeout Meeting (Roadway Element Projects) and reimbursement limits. k. All right of way remnants from properties acquired with Project funds shall be disposed of in accordance with RTA Policy. All proceeds from the disposal shall be returned to the RTA for expenditure on RTA eligible expenses. In the event the disposal of the property occurs after the Project is completed, the funds shall be returned to the RTA for reallocation to other projects. This subsection shall survive termination of this Agreement. 5. Responsibilities of Authority. a. Upon receipt of reimbursement requests, the Authority shall convey to the Lead Agency RTA funds in the amount specified in the Exhibits, on a reimbursement basis, unless otherwise specified herein. All payments and reimbursements shall follow the policies outlined in the RTA's Administrative Code. b. Reimbursements will generally be based on the Project schedules established by the Lead Agency and contained in the Exhibits. c. The RTA staff will review all payment requests to confirm that the request is for reimbursement of costs incurred by the Lead Agency for the Project. If the Authority determines that additional information is needed, the Lead Agency will be notified of the request for additional information within five business days of the receipt of the invoice by RTA. d. Upon approval of the request by RTA, the invoice will be processed for payment within thirty days of the invoice being accepted as complete. e. RTA shall provide all necessary cooperation and assistance to its fiscal agent to process all payment requests from the Lead Agency. 6. Termination. Either party may terminate this Agreement for material breach of this Agreement by the other party. Prior to any termination under this paragraph, the party allegedly 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 forty-five 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. 7. Non-assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 8. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits and the Recitals to this Agreement are incorporated herein by this reference. RTA IGA Park and Ride at Crossroads Park 4 2/21/2019 8:49 AM b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof. d. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement 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 application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement 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. f. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. 9. Ownership of Improvements. Ownership and title to all materials, equipment and appurtenances installed pursuant to this Agreement shall automatically vest in the Lead Agency upon completion of the Project. 10. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Lead Agency or the Authority. 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 Lead Agency and any Authority employees, or between Authority and any Lead Agency employees. Neither party shall be liable for any debts, accounts, obligations nor 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. 12. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 13. 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 designated within this Agreement. a. Anti-Discrimination. Neither party shall discriminate against any employee or client of either party or any other individual in any way because of that person's age, race, creed, color, religion, sex, sexual orientation, familial status, political affiliation, disability or national origin in the course of carrying out the duties pursuant to this IGA. Both parties shall comply with applicable provisions of Executive Order 75-5, as amended by Executive Order 2009-09 of the Governor of Arizona, which are incorporated into this IGA by reference as if set forth in full herein, including the provisions of A.R.S. § 41-1463. RTA IGA Park and Ride at Crossroads Park 5 2/21/2019 8:49 AM b. Americans with Disabilities Act. This Agreement is subject to 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, as well as the Genetic Information Nondiscrimination Act of 2008. . c. Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. ' 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23-906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 14. Waiver. Waiver by either party of any breach of any term, covenant or condition herein contained 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. 15. 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. 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. 16. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The Authority: Town of Marana: Mr. Farhad Moghimi, Executive Director Jamsheed Mehta, Town Manager Pima Association of Governments Town of Marana 1 E. Broadway, Ste. 401 11555 W. Civic Center Drive Tucson, AZ 85701 Marana, AZ 85653 17. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each RTA IGA Park and Ride at Crossroads Park 6 2/21/2019 8:49 AM shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 18. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. In Witness Whereof, Town of Marana has caused this Agreement to be executed by the Mayor, upon resolution of the Town Council and attested to by the Town Clerk, and the Authority has caused this Agreement to be executed by its Chair of the Board. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY Board Chair Date Town of Marana: Ed Honea, Mayor Date ATTEST: Cherry L. Lawson, Town Clerk Date The foregoing Agreement between Town of Marana and the Authority has been approved as to content and is hereby recommended by the undersigned. Mr. Farhad Moghimi, Executive Director Date RTA IGA Park and Ride at Crossroads Park 7 2/21/2019 8:49 AM INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing intergovernmental agreement between the REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY and the TOWN OF MARANA has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement represented by the undersigned. REGIONAL TRANSPORTATION AUTHORITY TOWN OF MARANA: OF PIMA COUNTY: Thomas Benavidez Frank Cassidy Attorney for the Authority Town Attorney Date: Date: RTA IGA Park and Ride at Crossroads Park 8 2/21/2019 8:49 AM Regional Transportation Authority of Pima County Date: April 24, 2019 Exhibit: A Item: 1 RTA Resolution: 2019- 1. TIP Project Number: 106.06 RTA Ballot: 51 RTA Project ID: 51_c 2. Sponsor: Marana 3. RTA Plan Element: IV Transit 4. RTA Plan Sub-Element (If Applicable): Transit 5. Project Name: Marana Park-and-Ride 6. Work Phase(s) Covered by the Exhibit: Studies: $ - Planning/Design: $ - Right of Way: $ (20,000) Construction: $ 35,000 Operations: $ Total: $ 15,000 7. Project Manager Information (person responsible for Status Reports): Name: Mac Murray Mailing Address Marana Municipal Complex 11555 W Civic Center Dr. City, ST Zipcode Marana AZ 85653 Telephone Number: 520.382.2680 Email Address: mmurray@maranaaz.gov. 8. Authorized Representative(s) (will sign &submit pay requests): Name: Lisa Shafer Mailing Address Marana Municipal Complex 11555 W Civic Center Dr. City, ST Zipcode Marana AZ 85653 Telephone Number: 520.382.1926 Email Address: Ishafer@maranaaz.gov. Name: Mailing Address City,ST Zipcode AZ Telephone Number: Email Address: 9. Marana Park and Ride: The project consists of a concrete path from the west section of the parking lot for the Crossroads at Silverbell District Park to a new bus stop situated on northbound Silverbell Road.The required scope Narrative Description of Project Scope, generally includes curb modifications to accommodate ADA including improvements to be made and access; new sidewalk; embankment to transition from the project intent (discuss how project will lower grade of the parking lot to the Silverbell Road address problematic areas): elevation; handrail along the sidewalk path; a concrete pad for the bus stop; signage and striping to add handicap parking spaces; and modifications to an existing wire rope fence at back of sidewalk along Silverbell. 10. Total maximum amount of Authority funding 1 of 3 Regional Transportation Authority of Pima County Date: April 24, 2019 Exhibit: A Item: 1 RTA Resolution: 2019- allowed for the Project or Project Component, under this Exhibit: $ 15,000 11. $ 35,000 Total maximum Authorized RTA funding for the Project,or Project component to-date,including this exhibit. (If this is an amendment to an existing contract,please give the requested amended total. 12. Project Budget by Funding Source& Phase: RTA I I Non-RTA I I Total Study(DCR/Wildlife Linkages/Value Analysis)= $ - $ - $ - Planning/Design= $ - $ - $ - Right of Way= $ - $ - $ - Construction= $ 35,000 $ - $ 35,000 Operations(Transit)= $ $ - $ - Total= $ 35,000 $ - $ 35,000 13. Project Budget by Funding Source,this exhibit: RTA I I Non-RTA I I Total Study(DCR/Wildlife Linkage/Value Analysis)= $ - $ - Planning/Design = $ $ - Right of Way= $ - $ - Construction= $ 35,000 $ 35,000 Operations(Transit)= $ - Total= $ 35,000 $ - $ 35,000 Project Resources Resources as Committed Remaining outlined in (Includes this Resource 14. Funding Sources(current year dollars): the Ballot/TIP request) Budget RTA $ - $ 35,000 STP $ - $ - 12.6% Funds $ - 2.6% Funds $ - $ - $ - Impact Fees $ - $ $ - Pima County Local $ - $ - Town of Marana Local $, Fare Box Revenue $ - $ - $ - FTA Funds $ - $ - $ - Other(Specify) $ Total Funding Sources: $ - $ 35,000 15. Estimated completion date of work funded by this IGA: I 06/30/19 Duration of work covered by this funding request: 30 days 2 of 3 Regional Transportation Authority of Pima County Date: April 24, 2019 Exhibit: A Item: 1 RTA Resolution: 2019- Calendar 16. Cash Flow Month Fiscal Month Burn Rate 201906 201912 $ 35,000.00 3 of 3 EXHIBIT B REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY (RTA) TERMINATION OF INTERGOVERMENTAL AGREEMENT NUMBER RECORDED IN SEQUENCE 20172900276 PROJECT: TRANSPORTATION FUNDING AGREEMENT FOR THE ARIZONA PAVILIONS PARK AND RIDE PARTIES: RTA AND THE TOWN OF MARANA ORIGINAL TERM: Not specified ORIGINAL AMOUNT: $20,000.00 CURRENT TERMINATION DATE: Not specified PRIOR AMENDED AMOUNT: $0.00 AMENDED TERMINATION DATE: 5/23/2019 AMOUNT THIS AMENDMENT: $0.00 TERMINATION AGREEMENT WHEREAS, the Regional Transportation Authority of Pima County ("RTA") has entered into an Intergovernmental Agreement with the Town of Marana (Marana Resolution 2017-021 )to a Park and Ride facility in the Arizona Pavilions area. WHEREAS, the original IGA funding amount was $20,000.00 for a land lease to host a Park and Ride area; and WHEREAS, negotiations for the land lease have been terminated; and, WHEREAS, the parties now wish to suspend and cease further activity on the project and terminate the Project IGA as of the execution of this agreement NOW, THEREFORE, the parties hereby agree that the IGA shall be terminated as of May 23, 2019 and that no further work on the Project under this agreement shall be performed or funded after May 23, 2019. In Witness Whereof, the Regional Transportation Authority of Pima County has caused this Termination Agreement to be executed by its Chairman, and the Town of Marana has caused this Amendment to the Agreement to be executed by its Mayor, as demonstrated and attested below. REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY: Mike Hammond, Chairman Date TOWN OF MARANA: Ed Honea, Mayor Date ATTORNEY CERTIFICATION The foregoing Amendment to the Agreement by and between the Regional Transportation Authority of Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Agreement. Regional Transportation Authority of Pima County: Thomas Benavidez, Attorney for the Authority Date Town of Marana: Frank Cassidy, Town Attorney Date