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Home My WebLink AboutResolution 2023-062 Approving and Authorizing the Mayor to Execute the First Amendment to an Intergovernmental Agreement for Educational Services and Programming between the Town of Marana and Pima County MARANA RESOLUTION NO. 2023-062 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT FOR EDUCATIONAL SERVICES AND PROGRAMMING BETWEEN THE TOWN OF MARANA AND PIMA COUNTY WHEREAS the Town and Pima County 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.; and WHEREAS on March 5, 2019, the Town Council approved Resolution No. 2019- 018 executing an intergovernmental agreement (IGA) between the Town of Marana and Pima County authorizing Pima County staff to provide educational services and programming at designated Town parks, trails, preserves, and facilities; and WHEREAS the Town and Pima County seek to amend the IGA to extend the term for another four years from July 1,2023 through June 30,2027 and to amend the financing structure of the agreement; and WHEREAS the Mayor and Council of the Town of Marana find that this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,that the first amendment to an intergovernmental agreement between the Town of Marana and Pima County for the delivery of educational services and programming at designated Town parks, trails, preserves, and facilities, attached to this resolution and incorporated by this reference as Exhibit A, 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 agreement. - 1 - Resolution No.2023-062 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of June, 2023. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Davis L. Udall, Town Clerk Jane F°airall, Town Attorney et06&. MARANA AZ ESTABLISHED 1977 - 2 - Resolution No.2023-062 Exhibit A to Marana Resolution No. 2023-062 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR EDUCATIONAL SERVICES AND PROGRAMMING BETWEEN THE TOWN OF MARANA AND PIMA COUNTY This FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (this "First Amendment") is entered into by and between the TOWN OF MARANA ("Town"), an Arizona municipal corporation, and PIMA COUNTY ("County"), a body politic and corporate of the State of Arizona. The Town and County may be collectively referred to as Parties ("Parties") each of which may individually be referred to as Party ("Party") herein. RECITALS A. Effective March 1, 2019, the Parties entered into an Intergovernmental Agreement for educational services and programming (the "Agreement") to establish the rights and responsibilities of the Parties regarding the delivery of environmental education and interpretive programs by County at designated Town parks, trails, preserves, and facilities. B. Paragraph 5.1 of the Agreement provides that environmental education classes and programming provided pursuant to this Agreement will be funded entirely through registration fees paid by program participants, as set forth in Article 5. C. Paragraph 5.2 provides that the County will establish registration fees for the classes and programming, including, without limitation, discounted fees for Pima County Environmental Education annual pass holders. D. Paragraph 5. 5 of the Agreement provides that the County will invoice Town in an amount equal to 75% of each paid participant's base registration fee, not including any non-resident fees collected by the Town. E. Paragraph 6.1 of the Agreement provides that the Agreement shall expire on June 30, 2023, but that the term of the Agreement may be extended by written amendment signed by both Parties. F. Paragraph 18.3 of the Agreement provides that the Agreement may not be changed or modified except by written agreement signed by all Parties G. Town and County desire to amend the Agreement to change the financing and extend the term of the Agreement. AGREEMENT 00088235.DOC/4 FIRST AMENDMENT PIMA COUNTY NRPR EDuCAnoNA1.SERVICES IGA - 1 - Exhibit A to Marana Resolution No. 2023-062 NOW, THEREFORE, based on the foregoing recitals the Parties agree as follows: 1. Financing. Article 5 "Financing" of the Agreement is amended as follows: a. Paragraph 5.1 is amended to state that environmental education classes and programming will be funded entirely by flat fees set by the County, rather than through registration fees. b. Paragraph 5.2 is amended to state only that County will establish registration fees for the classes and programing. There will no longer be discounted fees for Pima County Environmental Education annual pass holders. c. Paragraph 5. 5 is replaced in its entirety as follows: County will invoice Town $75.00 per class for Outdoor Classes with up to 20 people. County will invoice Town $200.00 per class for Workshops with up to 20 people. County must submit invoices within the fiscal year when services were rendered. If a service crosses over from one fiscal year to another, the invoice will be submitted in the new fiscal year. 2. Term. Section 6.1 is amended to reflect the Agreement is extend for an additional four years, from July 1, 2023 through June 30, 2027. 3. Effective Date. This First Amendment shall be effective July 1, 2023. 4. Other Terms and Provisions. All other terms and provisions of the Agreement not specifically changed by this First Amendment, shall remain in effect and be binding upon the Parties as provided for in the Agreement. Words and phrases having a defined meaning in the Agreement have the same respective meanings when used in this First Amendment unless otherwise expressly stated. 5. Recitals. The recitals set forth at the beginning of this First Amendment are hereby acknowledged,confirmed to be accurate, and incorporated here by reference. 6. Entire Agreement. This First Amendment constitutes the entire agreement between the Parties pertaining to the subject matter of this First Amendment. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this First Amendment. 7. Severability. If any provision of this IGA, or any application of a provision to the parties or any person or circumstance, is found by a court to be invalid, that invalidity will not affect other provisions or applications of this IGA that can be given effect without the invalid provision or application. 8. Governing Law. This First Amendment is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. 00088235.DOC/4 F1Rsr AMENDMENT Prn1A COUNTY NRPR EDUCATIONAL SERVICES IGA - 2 - Exhibit A to Marana Resolution No. 2023-062 9. Interpretation. This First Amendment has been negotiated by Town and County, and neither Party shall be deemed to have drafted this First Amendment for purposes of construing any portion of this First Amendment for or against any Party. 10. Counterpart. This First Amendment may be executed in counterparts, each of which, when taken together, will constitute one complete contract. IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the last date set forth below their representatives' respective signatures. [SIGNATURE PAGE TO FOLLOW] 00088235.DOC/4 FIRST AMENDMENTPIMA COUNTY NRPR EDUCATIONAL SERVICES ICA -3 - Exhibit A to Marana Resolution No. 2023-062 "TOWN": "COUNTY": THE TOWN OF MARANA, an Arizona PIMA COUNTY,a body politic and corporate municipal corporation of the State of Arizona By: By: Ed Honea, Mayor Adelita S. Grijalva, Chair, Board of Supervisors Date: Date: ATTEST: ATTEST: David L. Udall,Town Clerk Melissa Manriquez, Clerk of the Board 00088235.DOC/4 FIRST AMENDMENT PIMA COUNTY NRPR EDUCATIONAL.SERVICES IGA -4- Exhibit A to Marana Resolution No. 2023-062 ATTORNEY CERTIFICATION Pursuant to A.R.S. § 11-952, the undersigned public agency attorneys have determined that the foregoing Intergovernmental Agreement between the Town of Marana and the Pima County is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Party represented by the respective undersigned attorney. /X5-- ,Zyr- 05/25/2023 Jane 'ra , Town Attorney Rachelle Barr Town of Marana Attorney for Pima County 00088235.DOC/4 FIRST AMENDMENT PIMA COUNTY NRPR EDUCATIONAL SERVICES IGA - 5 -