Loading...
HomeMy WebLinkAboutResolution 2024-037 Approving and Authorizing the Mayor to Execute an IGA with MUSD For 2024 Summer Youth Art Program MARANA RESOLUTION NO. 2024-037 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AUTHOR- IZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN MARANA UNIFIED SCHOOL DISTRICT NO. 6 AND THE TOWN OF MARANA FOR THE 2024 SUMMER YOUTH ART PROGRAM WHEREAS the Town administers a Transportation Art by Youth(TABY)Program to provide youth with employment, training, and experience in creating forms of public art; and WHEREAS the Town of Marana and Marana Unified School District No. 6 ("MUSD") have negotiated an intergovernmental agreement for the Town to receive an aviation-themed public art project to be located near the Marana Regional Airport("Pro- ject"); and WHEREAS the Project is funded through an agreement with the Pima Association of Governments(PAG) to contribute Highway User Revenue Funds (HURF)to the TABY Project; and WHEREAS the Project will be created by two welding instructors and three high school welding students from MUSD working with a contracted artist; and WHEREAS the Town and MUSD may contract for services and enter into agree- ments with one another for joint and cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1.Approving the intergovernmental agreement between MUSD and the Town attached to this resolution as Exhibit A and authorizing the Mayor to execute it for and on behalf of the Town of Marana. SECTION 2. The Towri s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of this resolution. - 1 - Resolution No.2024-037 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 22nd day of April, 2024. Mayor Ed Honea ATTEST: APP P C VED AS TO ORM: David L. Udall, Town Clerk J. e air.17 Town Attorney Aimmilmellemismaimmaikkko MAPANAAZ ESTABLISHED 1977 - 2 - Resolution No.2024-037 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN MARANA UNIFIED SCHOOL DISTRICT NO.6 AND THE TOWN OF MARANA FOR SUMMER YOUTH ART PROGRAM This intergovernmental agreement ("Agreement") is entered into by and among TOWN OF MARANA, an Arizona municipal corporation ("Town") and MARANA UNIFIED SCHOOL DISTRICT No. 6, a political subdivision of the state of Arizona ("School District"). Town and School District are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a"Party." RECITALS A. Town and School District may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. §11-951,et seq. B. The School District is authorized by A.R.S. § 15-342(13) to enter into intergovernmental agreements and contracts with other governing bodies as provided in A.R.S. §11-952. C. Town and School District serve citizens and further the public interest by cooperatively offering instructional courses that assist students in their post-secondary path. D. Municipalities and school districts may enter into agreements to establish responsibilities relating to instructional courses for students in School District. E. Town and School District desire to establish the responsibilities of all Parties for the Town to receive an aviation-themed public art project to be located near the Marana Regional Airport ("Project) produced by welding students in School District's youth welding program, School District's welding instructors, and a Town contracted artist. ("Program"). AGREEMENT NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants, conditions and agreements set forth in this Agreement,the Parties agree as follows: Article 1.Purpose The purpose of this Agreement is to establish the rights and responsibilities of the Parties regarding the planning, administration, payment and implementation of School District's Welding Program to employ welding students and a welding instructor for fabrication of the Project. Article 2.Town Responsibilities 2.1 The Town shall provide the following during the term of this Agreement: 2.1.1. Town shall pay for and deliver to the School District supplies needed for this project. The cost of these supplies will be deducted from the $75,000 total budgeted amount for the Project. 2.1.2. Town shall pay any other operating costs connected with this project. All expenditures must have prior approval by the Town, but in no event shall the total amount paid by the Town exceed$23,000. 00079580.DOC/1 2.1.3. Town shall review student timecards to ensure students are, at a minimum, receiving minimum wage for hours worked. 2.14. Town,by separate agreement, shall directly compensate three students provided by School District. The students will each receive a $5,000 stipend. Payments will be divided into three installments. This amount is 20% or more of the total $75,000 of the total budgeted amount for the Project. 2.1.5. Town, by separate agreement, shall directly compensate qualified instructors provided by School District. Two welding instructors will provide project support and will each receive a $6,000 stipend. Payments will be divided into three equal installments. Article 3. School District Responsibilities 3.1 School District shall provide the following during the term of this Agreement: 3.1.1. School District shall recruit three students, at least 14 years of age, to participate in the youth art project. 3.1.2. School District shall collect student timecards for hours worked and provide to the Town. 3.1.3. School District shall provide a location for creation of the Project. 3.1.4. School District shall provide two qualified instructors to assist in the creation and completion of the Project. 3.1.5. School District shall assume responsibility for the Project while under the School District's supervision. 3.1.6. School District shall transfer ownership of the completed Project to the Town. 3.1.7. School District has read the "Agreement for Public Art Funding" between the Town and the Pima Association of Government (PAG), attached as Exhibit A to this Agreement, and will follow the requirements set forth in the Agreement for Public Art Funding. Article 4.Term and Termination 4.1 This Agreement shall be effective as of the signature date of the last Party to sign this Agreement,and shall terminate on September 2,2024 unless earlier terminated by either Party in accord with the terms of this Agreement. 4.2 This Agreement may be terminated under the following circumstances: 4.2.1 This Agreement may be terminated by either Party without cause with 60 days' written notice to the other Party. 4.2.2 A Party may terminate this Agreement for material breach of the 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 45 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. 00079580.DOC/1 4.2.3 This Agreement may be terminated for a conflict of interest as set forth in A.R.S. §38-511,the relevant portions of which are hereby incorporated by reference. 4.2.4 Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason, there are not sufficient appropriated and available monies for the purpose of maintaining this Agreement. In the event of such cancellation,the Parties shall have no further obligation to each other, other than for payment of services rendered prior to termination. 4.2.5 Notwithstanding any other provision of this Article 4, any termination of this agreement by either party will not take effect until the end of the then current school term, if school is in session and students are enrolled in the class at that time. Article 5.Access to Records 5.1 The Parties shall maintain books, records, documents, and other evidence directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. Each Party shall have access to such books, records, documents, and other evidence for inspection, audit and copying and shall provide proper facilities for such access and inspections. 5.2 Audits conducted under this Article shall be performed in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 5.3 The Parties agree to the disclosure of all information and reports resulting from access to records, as described in this Article,to a Party's auditor,provided that the audited Party is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments of reasonable length,if any,of the audited Party. Article 6.Compliance with Laws 6.1 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. 6.2 The Parties agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, which supersedes Executive Order 99-4 and amends Executive Order 75-5,and which is hereby incorporated into this Agreement as if set forth in full herein. During the performance of this Agreement, the Parties shall not discriminate against any employee, client or any other individual in any way because of that persons age, race,creed,color,religion,sex,disability or national origin. 6.3 The Parties shall comply with 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. 6.4 The Parties certify that they are not currently engaged in, and agree for the duration of the Agreement to not engage in, a boycott of Israel as defined by A.R.S. §35-393. The submission of a false certification may result in action up to and including termination of this Agreement. 00079580.DOC/1 6.5 The Parties hereby certify that they will at all times during the term of this Agreement comply with all federal immigration laws applicable to the Parties' employment of its employees,and with the requirements of A.R.S. §23-214(A). 6.6 This Agreement is subject to the provisions of A.R.S. § 38-511 regarding conflict of interest. Article 7.Indemnification To the fullest extent permitted by law,each Party (as "indemnitor") shall defend,indemnify and hold harmless the other Party (as "indemnitee"), its officers, officials, employees, agents, volunteers, successors, and assigns (the "indemnified group") for claims, damages, losses, liabilities and expenses of any nature whatsoever (including but not limited to reasonable attorneys' fees, court costs, the costs of appellate proceedings, and all claim adjusting and handling expense) relating to,arising out of,resulting from or alleged to have resulted from the indemnitor's acts, errors, mistakes or omissions relating to any action or inaction of this Agreement (collectively, "claims") including but not limited to work, services, acts, errors, mistakes, or omissions in the performance of this Agreement by anyone directly or indirectly employed by or contracting with the indemnitor,or any person for whose acts and liabilities are the obligation of the indemnitor. If any claim, action or proceeding is brought against the indemnified group,indemnitor shall have a duty,at its sole cost and expense,to resist or defend such claim or action on behalf of the indemnified group but only to the extent that such claims result in vicarious/derivative liability to the indemnitee and are caused by the act, omission, negligence,misconduct or other fault of the indemnitor, its officers, officials, agents,employees or volunteers;provided,however,that the indemnitor shall have no obligation to indemnify the indemnified group for the indemnified group's passive negligence. The indemnity provisions of this Agreement shall survive the termination of this Agreement. Article 8.Insurance The Parties agree that they shall maintain for the duration of this Agreement policies of public liability insurance sufficient to cover all of their obligations undertaken in the implementation of this Agreement. Article 9.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 Parties. No Party hereto shall be liable for any debts,accounts,obligations,or other liabilities whatsoever of the other. Article 10.Workers'Compensation For purposes of Workers' Compensation, an employee of a Party to this Agreement who works under the jurisdiction or control of, or who works within the jurisdictional boundaries of, another Party pursuant to this specific Agreement,is deemed to be an employee of both Parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall be solely liable for payment of Workers' Compensation benefits for the purposes of this paragraph. Each Party shall comply with the notice provisions of A.R.S. §23-1022(E). 00079580.DOC/1 Article 11.No Third Party Beneficiaries This Agreement is intended to govern the rights and duties of the contracting Parties only and is not intended to confer on any third party any rights or benefits which would not exist in the absence of this Agreement. Article 12.Notices All notice requests and authorizations provided for in this Agreement shall be in writing and shall be delivered or mailed,addressed as follows: Marana: TOWN OF MARANA Attention: Town Manager Address: 11555 W.Civic Center Drive Marana,Arizona 85653 With a copy to: TOWN OF MARANA Attn:Finance Director 11555 W. Civic Center Drive Marana,Arizona 85653 School District: Marana Unified School District No. 6 Attention: Daniel Streeter,Superintendent Address: 11279 W.Grier Road,#106 Marana,AZ 85653 With a copy to: MARANA UNIFIED SCHOOL DISTRICT NO. 6 Attn:Kristin Reidy,Assistant Superintendent 11290 W. Grier Rd. #121C Marana,AZ 85653 Article 13.Waiver Neither Party's waiver of the other's breach of any term or condition contained in this Agreement shall be deemed a waiver of any subsequent breach of the same or any other term or condition of this Agreement. Article 14.Remedies Either Party may pursue any remedies available to it for the breach of this Agreement, and no right or remedy is intended to be exclusive of any other right or remedy existing at law or at equity or by virtue of this Agreement. Article 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 trans-mission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, 00079580.DOC/1 • 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. Article 16.Construction of Agreement 16.1 This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Arizona. 16.2 This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations,representations or agreements,either written or oral. 16.3 If any provision of this Agreement is declared invalid or unenforceable, the remainder shall continue in full force and effect. 16.4 This Agreement may not be changed or modified except by written agreement signed by all Parties. [SIGNATURE PAGE FOLLOWS] 00079580.DOC/1 The"TOWN": The"SCHOOL DISTRICT": TOWN OF MARANA, an Arizona municipal MARANA UNIFIED SCHOOL DISTRICT No. 6, an corporation Arizona political subdivision By: / By: Ed Hon a,Mayor Dr. Maribel Lopez,Board President Date: 00/Z `1 Date: ATT • ATTEST: Z. David L.Udall,Town Clerk Brenda Drury,Board Recorder 00079580.DOC/1 The"TOWN": The"SCHOOL DISTRICT": TOWN OF MARANA, an Arizona municipal MARANA UNIFIED SCHOOL DISTRICT NO. 6, an corporation Ariz a political subdivisiondin By: ,�'0 By , (d....t . Ed HoneMayor Dr.Maribel Lopez, Board Pre : dent Date: / s6/ '-", Date: 51--Q-/ L/ AnEsr: Armsr: David L.Udall,Town Clerk Brenda Drury,Boar corder 00079580.DC C/1 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement by and between the Town of Marana and Marana Unified School District No.6 has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: 2� J. ►- hall,Town Attorney D t Marana Unified School District No.6: Lisa Anne Smith,Attorney for the District Date 00079580.DOC/1 • INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Agreement by and between the Town of Marana and Marana Unified School District No. 6 has been reviewed pursuant to A.R.S. § 11-952 by the undersigned who have determined, for their respective clients, that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Town of Marana: Jane Fairall,Town Attorney Date Marana Unified School District No.6: 04/17/2024 Lisa Anne Smith,Attorney for the District Date 00079580.DOC I I 1 Exhibit A Agreement for Public Art Funding between the Town and the Pima Association of Government (PAG) - 9 - AGREEMENT FOR PUBLIC ART FUNDING THIS AGREEMENT (hereafter referred to as the "AGREEMENT") is entered into by and between The Town of Marana, a political subdivision of the State of Arizona, hereinafter called "Jurisdiction," and the Pima Association of Governments, an Arizona non-profit corporation, hereinafter called "PAG." RECITALS WHEREAS, Jurisdiction intends to administer a Transportation Art by Youth (TABY) Program (Program) to provide youth with employment, training and experience in creating forms of public art; and WHEREAS, PAG intends to contribute Highway User Revenue Funds (HURF) to Jurisdiction's Program (the "Program") commencing with the summer of 2020 and continuing each calendar year thereafter throughout the term of this AGREEMENT. NOW, THEREFORE, the Parties agree as follows: ARTICLE I TERM AND MAXIMUM AMOUNT: The term of this AGREEMENT begins on the date of signature by the PAG Executive Director and terminates on December 31, 2024, unless sooner terminated, or unless further extended, pursuant to the provisions of Article V of this AGREEMENT. In the fall of each calendar year, PAG will solicit participation in the Program by notifying all of the participating jurisdictions of the amount of HURF funds available for the next calendar year. Jurisdiction shall not undertake any PAG funded work on the Program until PAG issues a Notice To Proceed(NTP)to Jurisdiction. The Parties acknowledge that, upon completion and acceptance of the work undertaken during each year of the Program, Jurisdiction may respond to PAG's solicitation by applying to continue Program participation during the succeeding year in accordance with PAG's TABY Program Policies in effect at the time of application. Annual preliminary approval and determination of eligibility of Jurisdiction's proposed project(s) submitted under this Program shall rest with PAG. Final approval of Jurisdiction's proposed project(s) rests with the Arizona Department of Transportation (ADOT). Upon final approval from ADOT, PAG will promptly issue an NTP. Page 1 of 7 The maximum contribution to Jurisdiction by PAG under this AGREEMENT is limited to $125,000.00. If the Jurisdiction has remaining funds from a previous PAG Program contract, it may but need not incorporate the balance of such funds into this AGREEMENT. ARTICLE II PURPOSE AND WORK STATEMENT: Jurisdiction will submit each project for review the first quarter of each calendar year to the PAG's Transportation Planning Committee (TPC) . ARTICLE III Jurisdiction's Duties: Jurisdiction shall provide the following services: • Administer the project as recommended for approval by the TPC each year. • Provide written certification that Project(s) will be constructed in the location and design as approved by TPC. • Recruit youth from economically disadvantaged areas. • Consult with all stakeholders and other interested parties in determining the precise nature and location of the completed project. • Provide for review and approval of the completed project by key stakeholders and decision-makers. • Assume all risk and responsibilities for the project, including cost and quality control measures for design and construction, and ownership and maintenance of the final project. • Submit a final report to PAG detailing the results of the program for the subject calendar year. • Submit confirming, complete and accurate invoices for reimbursement of expenditures incurred under this Program; such invoices shall be submitted to PAG monthly. Final invoice to be submitted within ninety (90) calendar days upon completion of the project. Invoices submitted later than ninety (90) days following project completion will not be paid, unless PAG determines that extenuating circumstances prevail. Page 2 of 7 • Applications should include a budget breakdown that provides a separate line item for youth stipends.Note: PAG targets a minimum of 20%for youth stipends. • Final invoice shall include a color photograph of the completed youth art project and a map illustrating approved Project's location. • Each project should include a plaque on the completed Youth Art Project indicating funding support contributed by Pima Association of Governments. (PAG will provide plaques upon request.) • Ensure that the Project is accomplished in accordance with all applicable requirements of any federal, state, county or local ordinances, statutes, charters, codes, rules, regulations, or any other governmental requirements, including, but not limited to, the rules and regulations of the Arizona Department of Transportation. Nothing in this Agreement shall be construed in violation of the rules, regulations or requirements of the Arizona Department of Transportation. ARTICLE IV PAYMENT: A. Total payment for each year of this AGREEMENT shall be set by PAG. Jurisdictions may elect to augment funds provided by PAG with additional approved funds at the sole discretion of Jurisdiction. B. PAG shall reimburse Jurisdiction within thirty (30) days of receipt of acceptable, properly completed invoices detailing project progress and expenditures. ARTICLE V TERMINATION/EXTENSION FOR CONVENIENCE: Either party may, at any time and without cause, cancel this AGREEMENT by serving upon the other party thirty (30) days advance written notice of such intent to cancel. In the event of such cancellation, PAG's only obligation to Jurisdiction shall be payment for services rendered prior to cancellation. If mutually agreed by PAG and Jurisdiction, the term and maximum amount of this AGREEMENT may be modified by written agreement signed by both Parties. ARTICLE VI Page 3 of 7 CONFLICT OF INTEREST: This AGREEMENT is subject to the provisions of A.R.S. 38-511 which provides as follows: "The State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract." ARTICLE VII ASSIGNABILITY: Jurisdiction shall not assign any interest in this AGREEMENT and shall not transfer any interest in the same without prior written consent of PAG thereto; provided, however, that claims for money due or to become due to Jurisdiction from PAG under this AGREEMENT may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to PAG. ARTICLE VIII OFFICIALS NOT TO BENEFIT: No elected members or officers, nor any commissioners, nor any employees of the parties, nor their families, shall be admitted to any share or part of the AGREEMENT or to any benefit to arise here from. ARTICLE IX NONDISCRIMINATION: 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, genetic information, disability, familial status, political affiliation or national origin in the course of carrying out the duties pursuant to this Agreement. 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 Agreement by reference as if set forth in full herein, as well as the Genetic Information Nondiscrimination Act of 2008. Page 4 of 7 ARTICLE X AMERICANS WITH DISABILITIES ACT: Both Parties shall comply with 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. ARTICLE XI NON—WAIVER: The failure of either party to insist in any one or more instances upon the full and complete compliance with any of the terms and provisions of this AGREEMENT, to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same or any other covenant or condition either in the past or in the future. ARTICLE XII INDEMNIFICATION: To the fullest extent permitted by law, each party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other party, its officers, officials, employees, agents, volunteers, successors, and assigns (as "Indemnitees") from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney fees), hereinafter collectively referred to as "claims," arising out of bodily injury to any person (including death) or property damage, but only to the extent that such claims which result in liability to the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers, successor, or assigns, provided, however, that the Indemnitor shall have no obligation to indemnify the Indemnitee for the Indemnitee's passive negligence. ARTICLE XIII SEVERABILITY: Each provision of this AGREEMENT stands alone, and any provision of this AGREEMENT found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this AGREEMENT. ARTICLE XIV Page 5 of 7 Funding for this AGREEMENT is being provided by the Arizona Department of Transportation. PAG has no funds of its own to pay for the work being done under this AGREEMENT, and therefore is not obligated to pay Jurisdiction until PAG receives funding from the ADOT. Costs incurred by Jurisdiction as the result of any changes by PAG and/or by Jurisdiction outside the general Scope of this AGREEMENT will not be allowed for reimbursement under this AGREEMENT unless these changes and related costs have been approved by PAG in writing prior to incurring the costs. ARTICLE XV If Jurisdiction is self-insured as a governmental entity, the Parties acknowledge that Jurisdiction's program of self-insurance meets the following minimum requirements of this AGREEMENT. Otherwise, Jurisdiction shall obtain insurance as described below and keep such coverage in force throughout the life of the AGREEMENT. All policies must contain an endorsement providing that written notice be given to PAG at least ten (10) calendar days prior to termination or cancellation in coverage in any policy. Except for professional liability insurance, the liability insurance policy(s) shall include PAG as an additional insured with respect to liability arising out of the Contract. Jurisdiction must agree that the insurance will be primary, and that any insurance carried by PAG will be excess and non-contributing. Coverage Afforded Coverage Afforded Limits of Liability Workers'Compensation/ Statutory/$100,000 Employees Liability Professional Liability $500,000 (Errors and Omissions) General Liability $1,000,000 ARTICLE XVI ENTIRE AGREEMENT: This AGREEMENT constitutes the entire AGREEMENT between the parties and shall not be modified, altered, amended, or changed except by mutual consent as indicated by Page 6 of 7 signatures of the PAG Executive Director and authorized officials of Jurisdiction. IN WITNESS'WHEREOF,the parties hereto have executed this Contract as of the date signed by the PAG Executive Director. Town Of Marana Date: Te Rozem own Manag r ATTE C erry La son,Town Clerk APPROVED AS TO CONTENT: Heath Vescovi-Chiordi,Assistant to the Town Manager APPR VED AS TO M: I JaneFai II,Town Attorney PIMA ASSOCIATION OF GOVERNMENTS Date: 11-22-2021 Far ad Moghimi EXECUTIVE DIRECTOR, and not personally. APPR O S TO FORM: Thomas Benavidez PAG Legal Counsel Date: /' 7 2 — Page 7 of 7