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.
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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:
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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