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HomeMy WebLinkAboutResolution 2022-040 Authorizing the Town Manager, Town Engineer, and Public Works Director to Sign NDA for CIPMARANA RESOLUTION NO. 2022-040 RELATING TO ADMINISTRATION; AUTHORIZING THE TOWN MANAGER, THE TOWN ENGINEER, AND THE PUBLIC WORKS DIRECTOR TO SIGN NON -DISCLOSURE AGREEMENTS ON BEHALF OF THE TOWN OF MARANA RELATED TO CAPITAL IMPROVEMENT PROJECTS WHEREAS Town staff engages with utility companies and other parties involved in capital improvement projects in the Town of Marana; and WHEREAS from time to time, these parties ask Town staff to sign non -disclosure agreements (NDAs) to protect and keep confidential project -specific information and plans; and WHEREAS it would defeat the purpose of an NDA to bring it to Council in an open meeting for approval; and WHEREAS the Mayor and Council of the Town of Marana find that authorizing the Town Manager, the Town Engineer, and the Public Works Director to sign non -disclosure agreements related to capital improvement projects in certain circumstances is in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Town Manager, the Town Engineer, and the Public Works Director are hereby authorized to sign non -disclosure agreements (NDAs) on behalf of the Town of Marana related to capital improvement projects in the Town under the following circumstances: A. When the Town Manager, the Town Engineer, or the Public Works Director determines that the benefit to the Town of continuing the capital improvement project addressed by the NDA is equal to or greater than any detriment or risk to the Town associated with the execution of the NDA; and B. When the Town Attorney or designee has reviewed and approved the NDA as to form and substance, and finds that the NDA is in compliance with the Arizona public records law, A.R.S. § 39-121 et seq., as well as all other applicable laws. 00080493.DOCX /1 Resolution No. 2022-040 - 1 - 4/29/2022 4:06 PM PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of May, 2022. Mayor Ed Honea ATTE uAPPRO AS TO FORM: z� Cherry L.awso , Town Clerk Jan irall, Town Attorney MARANA AZ ESTABLISHED 1977 00080493.DOCX /1 Resolution No. 2022-040 - 2 - 4/29/20224:06 PM