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Home My WebLink AboutResolution 2021-129 Approving and Authorizing the Mayor to Execute an Intergovernmental Agreement between State of Arizona DOT and Town of MaranaMARANA RESOLUTION NO. 2021-129 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA FOR FUNDING FOR THE TANGERINE ROAD WIDENING PROJECT WHEREAS the Pima Association of Governments' (PAG) Transportation Improvement Program (TIP) and the Town of Marana's Capital Improvement Program (CIP) include funding for the Tangerine Road widening from I-10 to Dove Mountain Boulevard project; however, the available funding is not sufficient for completion of the project's design and construction; and WHEREAS the Arizona state legislature, via passage of Senate Bill 1820 in the 2021 legislative session, appropriated funding from the state general fund to the Arizona Department of Transportation (ADOT) for highway projects, including $5,000,000.00 for the Tangerine Road widening project; and WHEREAS the Town is empowered by A.R.S. §§ 9-240 and 11-952 to enter into this Agreement; 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 (IGA) addressed by this resolution to facilitate the Tangerine Road widening project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the State of Arizona by and through its Department of Transportation and the Town of Marana for funding for the Tangerine Road widening project in substantially the form set forth on Exhibit A attached to and incorporated within this resolution by this reference is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that 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 IGA. 00077268.DOCX /1 Resolution No. 2021-129 - 1 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of September, 2021. ATTES . Cherry L. wson, Town Clerk Mayor Ed Honea J MARANA AZ ESTABLISHED 1977 00077268.DOCX /1 Resolution No. 2021-129 - 2 - AS TO FORM: all, Town Attorney DocuSign Envelope ID: 90F5244F-A06E-4477-8497-BBBCFED04BC8 ADOT CAR No.: IGA 21-0008268-I AG Contract No.: P001 2021 001445 Project Location/Name: Tangerine Road near Interstate 10 Type of Work: Road improvements TIP/STIP No.: N/A Budget Source: 2022 Legislative Appropriation Transportation Projects: General Fund (Laws 2021, 1st Regular Session, Chapter 406 Senate Bill 1820) Appropriation No.: 2022 DT55760 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF MARANA THIS AGREEMENT ("Agreement") is entered into this date September 27, 2021 , pursuant to the Arizona Revised Statutes ("A.R.S.") §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State" or "ADOT") and the TOWN OF MARANA, an Arizona municipal corporation, acting by and through its TOWN COUNCIL (the "Town"). The State and the Town are each individually referred to as a "Party" and are collectively referred to as the "Parties." I. RECITALS 1. The State is empowered by A.R.S. § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by A.R.S. §§ 9-240 and 11-952 to enter into this Agreement and has by resolution, a copy of which is attached to and made a part of this Agreement, resolved to enter into this Agreement and to authorize the undersigned to execute this Agreement on behalf of the Town. 3. Laws 2021, 1St Regular Session, Chapter 406 (Senate Bill 1820), Section 33 appropriated funding from the State general fund to ADOT for highway projects, including $5,000,000.00 for a project described in Section 33, subparagraph (A)(13) as Improve Tangerine Road near Interstate 10 in Marana (the "Project"). THEREFORE, the Recitals set forth above are incorporated into this Agreement and in consideration of the mutual terms expressed herein, it is agreed as follows: 00077003.DOCX /3 Pagel of 5 DocuSign Envelope ID: 90F5244F-AO6E-4477-8497-86BCFED04BC8 IGA 21-0008268-I II. SCOPE OF WORK 1. The Parties agree: a. After this Agreement is executed, the State will issue a warrant to the Town in the amount of $5,000,000.00 for the Project. b. The Town will complete the Project described in Section 33, subparagraph (A)(13) of the Laws 2021, 1St Regular Session Chapter 406 (Senate Bill 1820) as Improve Tangerine Road near Interstate 10 in Marana. C. After Project completion, the Town will submit written certification to localpublicagencysection@azdotgov that the Project described in Section 33, subparagraph (A)(13) of the Laws 2021, 1St Regular Session Chapter 406 (Senate Bill 1820) was completed. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 2. The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. 3. This Agreement maybe cancelled at anytime up to 30 days before the appropriated funds are issued, so long as the cancelling Party provides at least 30 days' prior written notice to the other Party. It is understood and agreed that, in the event the Town terminates this Agreement, the State shall in no way be obligated to complete or maintain the Project. 4. The Town shall indemnify, defend, and hold harmless the State, any of its departments, agencies, officers or employees (collectively referred to in this paragraph as the "State") from any and all claims, demands, suits, actions, proceedings, loss, cost and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the "Claims"), which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the Town, its employees, officers, directors, agents, representatives, or contractors, their employees, agents, or representatives in connection with or incident to the performance of this Agreement. The Town's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State, except the obligation does apply to any negligence of the Town which may be legally imputed to the State by virtue of the State's ownership or possession of land. The Town's obligations under this paragraph shall survive the termination of this Agreement. 6. The Town acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 7. This Agreement shall be governed by and construed in accordance with Arizona laws. 8. This Agreement maybe cancelled in accordance with A.R.S. § 38-511. 00077003.DOCX /3 Page 2 of 5 DocuSign Envelope ID: 90F5244F-A06E-4477-8497-86BCFED04BC8 IGA 21-0008268-I 9. The Town shall retain all books, accounts, reports, files and other records relating to the Agreement for five years after completion of the Project. These documents shall be subject at all reasonable times to inspection and audit by the State. Such records shall be produced by the Town at the request of ADOT. 10. 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. The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated by reference regarding "Non -Discrimination." 11. Non -Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 12. In the event of any controversy, which may arise out of this Agreement, the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S. § 12-1518. 13. The Parties shall comply with the applicable requirements of A.R.S. § 41-4401. 14. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S. §35-393.01. 15. The Parties shall comply with all applicable laws, rules, regulations and ordinances, as may be amended. 16. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically, in person, or sent by mail, addressed as follows: For Agreement Administration: Arizona Department of Transportation joint Project Agreement Section 205 S. 17th Avenue, Mail Drop 637E Phoenix, AZ 85007 IPABranchRazdot.gov For Project Completion: Arizona Department of Transportation Local Public Agency Group 205 S. 17th Avenue, Mail Drop 614E Phoenix, AZ 85007 local publicagencysectionCa azdot.gov 00077003.DOCX /3 Page 3 of 5 Town of Marana Attn: Mohammad El -Ali 11555 W Civic Center Dr Marana, AZ 85653 520.383.2630 mel-ali@MaranaAZ.gov Town of Marana Attn: Mohammad El -Ali 11555 W Civic Center Dr Marana, AZ 85653 520.383.2630 mel-ali@MaranaAZ.gov DocuSign Envelope ID: 90F5244F-A06E-4477-8497-8B6CFED04BC8 For Financial Administration: Arizona Department of Transportation Financial Management Services 206 S. 17th Avenue Phoenix, AZ 85007 Iocalpublicagencysection0azdot.gov IGA 21-0008268-I Town of Marana Attn: Yiannis Kalaitzidis 11555 W Civic Center Dr Marana, AZ 85653 520.383.2630 ykalaitzidis@MaranaAZ.gov 17. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 18. In accordance with A.R.S. § 11-952 (D), attached and incorporated in this Agreement is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF MARANA DocuSigned by: By D6B5g9Fi( XD415... Mayor GL1 ATTEST: DocuSigned by: By b. tAWS61VU Nl lel C srCc UAWSON, MMC Town Clerk STATE OF ARIZONA Department of Transportation DocuSigned by,:: By Z, �TMVMWEN, PE Division Director 00077003.DOCX /3 Page 4 of 5 DocuSfgn Envelope ID: 90F5244F-A06E-4477-8497-8BBC; FED04BC8 IGA 21-0008268-I ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF MARANA, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. FDOCUS . gned by: 8E8B7D3D4E484C6... Town Attorney 9/22/2021 00077003.DOCX /3 Page 5 of 5 Date DAWN NORTHUP OFFICE OF THE ARIZONA ATTORNEY GENERAL DIVISION CHIEF COUNSEL MARK BRNOVICH STATE GOVERNMENT DIVISION / Eli D. Golob ASSISTANT ATTORNEY GENERAL ATTORNEY GENERAL TRANSPORTATION SECTION DIRECT LINE: 602-542-8842 E-MAIL: ELI.GOLOB AZAG.GOV INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P0012021001445 (ADOT IGA/JPA 21-0008268-1), an Agreement between public agencies, the State of Arizona and the Town of Marana, has been reviewed pursuant to A.R.S. §§ 11-951 through 11-954 and 28-401, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATED EDG/sp/9839984 September 27, 2021 MARK BRNOVICH Attorney General ELI D. GOLOB Assistant Attorney General Transportation Section 2005 N CENTRAL AVE, PHOENIX, AZ 85004-1592 • WWW.AZAG.GOV