HomeMy WebLinkAboutResolution 2024-084 Approving and Authorizing the Mayor to Execute an IGA with Pinal County for the Safety Roadeo MARANA RESOLUTION NO. 2024-084
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
MARANA AND PINAL COUNTY REGARDING TOWN EMPLOYEE PARTICIPATION IN
THE PINAL COUNTY "SAFETY ROADEO"
WHEREAS Pinal County conducts an annual"Safety Roadeo"to encourage the safe opera-
tion of equipment by its employees; and
WHEREAS the Town desires for its employees to participate in the "Safety Roadeo"; and
WHEREAS the Town and Pinal County 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.; and
WHEREAS the Town Council finds that approving an intergovernmental agreement between
the Town and Pinal County is in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pinal
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap-
proved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other tasks required or beneficial to carry out the terms,obligations and objectives of the in-
tergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,Arizona,this
17th day of September 2024.
Mayor Ed onea
ATTEST: APPROVED AS TO FORM:
41.16.1"4"1:AP
C\-N/
David L. Udall, Town Clerlilil Ja e 'rall, Town torney
MARANA AZ
ESTAOL*SHED$977
Marana Resolution No.2024-084
47:441--'::41
OFFICIAL RECORDS OF
�4 '• IPINAL COUNTY RECORDEF
Dana Lewis
When recorded mail to: DATE/TIME: 10/31/2024 1043
FEE: $0.00
PAGES: 7
Pinal County Public Works FEE NUMBER: 2024-083695
P.O Box 749
Florence, AZ 85232
(The above space reserved for recording information)
Intergovernmental Agency Agreement
DOCUMENT TITLE
The following document is being presented for recordation:
Intergovernmental Agency Agreement with
Town of Marana for the Safety Roadeo
DO NOT DISCARD THIS PAGE. THIS COVER PAGE IS RECORDED AS PART OF YOUR
DOCUMENT. THE CERTIFICATE OF RECORDATION WITH THE FEE NUMBER IN THE UPPER
RIGHT CORNER IS THE PERMANENT REFERENCE NUMBER OF THIS DOCUMENT IN THE
PINAL COUNTY RECORDER'S OFFICE.
INTERGOVERNMENTAL AGENCY AGREEMENT(IGA)
FOR
PARTICIPATION IN PINAL COUNTY'S ANNUAL SAFETY ROADEO
This Intergovernmental Agreement(this"Agreement"or"IGA")is entered into by and between
Pinal County, a political subdivision of the State of Arizona("PINAL"), and the Town of Marana, an
Arizona municipal corporation, (the "PARTICIPATING AGENCY"). PINAL and the
PARTICIPATING AGENCY are sometimes referred to herein individually as a"Party"and collectively
as the"Parties".
RECITALS
WHEREAS, PINAL conducts an annual "Safety Roadeo"event with the purpose of promoting
the safe operation of heavy equipment and machinery by PINAL employees through various fun and
challenging tests designed to evaluate an operator's skills and knowledge; and,
WHEREAS, PINAL may have the capacity to accommodate additional participants in the
Safety Roadeo and may allow qualified employees from other agencies within the State of Arizona to
participate in the Safety Roadeo; and,
WHEREAS,the PARTICIPATING AGENCY has a desire for its employee(s)to participate in
the Safety Roadeo when availability permits; and,
WHEREAS, pursuant to A.R.S. § 11-951 et seq., the Parties are authorized to enter into
agreements for purposes contemplated herein.
AGREEMENT
NOW,THEREFORE,the Parties agree as follows:
1. Purpose of IGA. Through this IGA,the Parties intend to create a mechanism for employees of the
PARTICIAPTING AGENCY to participate in PINAL's annual Safety Roadeo and to establish the
Parties' rights and responsibilities in relation thereto.
2. Qualifications of Participating Employees. The PARTICIPATING AGENCY shall permit only
qualified employees to attend and participate in the Safety Roadeo. In order to qualify,the employee
must:
a. Have a valid Arizona Driver's License AND all permits, licenses and/or training
necessary to operate the equipment or machinery the employee will operate during
the Safety Roadeo. and,
b. Complete and sign the annual registration form provided by PINAL including
verification by the employee's supervisor that the employee has met and is current
with all training and licensing requirements for operating the equipment or
machinery the employee will operate at the Safety Roadeo.
3. Denial or Disqualification of Participation. PINAL may,in its sole discretion,deny participation
or disqualify any PARTICIPATING AGENCY employee who PINAL determines is not in
compliance with all applicable training and/or licensing requirements; who fails to maintain
compliance with all state and federal laws governing the operation of such equipment or machinery;
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Intergovernmental Agency Agreement(IGA)for Participation in Pinal County's Annual Safety Roadeo
or who fails to act in a safe and a professional manner as determined by PINAL in its sole discretion.
4. Indemnification.
a. To the maximum extent permitted by law, each Party (as "Indemnitor") agrees to
indemnify, defend, and hold harmless the other Party, its officers, officials, agents,
employees or volunteers from and against any and all claims, losses, liability, costs
or expenses(including reasonable attorney's fees)(hereinafter individually referred
to as a"Claim"or collectively as"Claims")arising out of or relating to actions taken
in performance of this Agreement to the extent that such Claim or Claims is/are
caused by the acts, omissions, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers. If a Claim or
Claims by third parties becomes subject to this paragraph, the Parties to this
Agreement that are the subject of the Claim or Claims shall expeditiously meet to
agree upon a common and mutual defense pursuant to subsection (b) below,
including proportionate liability and proportionate payment of litigation fees,
expenses and damages.
b. In the event that a Claim, arising from or relating to the activities provided for in
this IGA, is made against any Party for acts or omissions of any of its departments,
agents, officers, officials, employees, or volunteers, it is the intent of the Parties to
cooperate fully in the defense of said Claim and to cause their insurers to do
likewise,to the extent practicable.
c. The obligations under this paragraph 4(Indemnification) shall survive termination
or cancellation of this Agreement.
5. The Manner of Financing the Joint or Cooperative Undertaking and of Establishing and
Maintaining a Budget for the Undertaking. The PARTICIPATING AGENCY shall pay PINAL
for The PARTICIPATING AGENCY employees'participation in the Safety Roadeo each year. The
cost for participating may vary and is set forth on the annual registration form. Registration forms
must be submitted and payment must be made prior to the date of the event in order for the
PARTICIPATING AGENCY's employees to participate. Each Party shall be responsible for
maintaining its own budget for the activities contemplated by this Agreement.
6. Insurance. Each Party acknowledges and affirms that it has appropriate and adequate insurance
coverage for its officials' operations, duties and activities, including the activities provided in this
Agreement, and that it will maintain such coverage for the duration of this Agreement.
7. Workers' Compensation.To the extent applicable by law,each Party shall comply with the notice
requirements of A.R.S. § 23-1022(E). For purposes of A.R.S. § 23-1022, each Party shall be
considered the primary employer of all personnel currently or hereafter employed by that Party,
irrespective of the operations of protocol in place, and said Party shall have the sole responsibility
for the payment of Worker's Compensation benefits or other fringe benefits of said employees.
8. Duration and Termination. This Agreement shall be effective as of the signature date of the last
Party to sign this Agreement and shall remain in effect unless and until terminated. Either Party
may terminate this Agreement upon thirty(30)days' written notice to the other Party.
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Intergovernmental Agency Agreement(IGA)for Participation in Pinal County's Annual Safety Roadeo
9. Property Disposition. The Parties do not anticipate the joint acquisition of property attributable to
the exercise of each Party's duties and obligations pursuant to this Agreement. Any property
acquired during the term of this Agreement shall be returned to the purchasing Party no more than
thirty(30)calendar days from the effective date of partial or complete termination of this IGA.
10. Notices. Unless otherwise specified herein, all notices required or permitted to be given under the
terms of this Agreement shall be in writing,and shall be effective upon hand delivery, deposit with
a reputable overnight courier such as FedEx for overnight delivery, or three(3) business days after
deposit with the U.S. Mail via certified or registered mail, postage prepaid,return receipt requested.
Notice shall be sent to the following:
If to Town of Marana:
Town of Marana Public Works
5100 West Ina Road
Marana,AZ 85743
If to Pinal County:
Pinal county Development Services/Public Works
P.O. Box 749
Florence, AZ 85132
11. Compliance with Laws and Policies. 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. Furthermore, the Parties agree to abide by each Party's policies
to the extent appropriate and required or permitted by law.
12. Other Duties Imposed by Law. Nothing in this Agreement shall be construed as relieving the
involved public agencies of any obligation or responsibility imposed on it by law.
13. Non-Discrimination and Compliance with Civil Rights. In the performance of this Agreement,
the Parties agree to comply with all existing federal, state, and local laws, rules, policies, and
executive orders relating to equal opportunity and nondiscrimination and nondiscriminatory use of
federal and state funds, including flow down of all provisions and requirements to any
subcontractors,to prohibit discrimination based on race,color,sex,pregnancy,childbirth or medical
conditions related to pregnancy or childbirth,political or religious affiliation or ideas,culture,creed,
social origin or condition, genetic information, sexual orientation, gender identity or expression,
national origin(including limited English proficiency),ancestry, age, disability, military service or
veteran status, or marital status, specifically including, but not limited to, applicable provisions of:
A.R.S. Title 41, Chapter 9 (Civil Rights); State Executive Orders: 75-5, 2003-22, 2009-09, and
2023-01; Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-
1 et seq., and implementing regulations at 31 CFR part 22; Section 504 of the Rehabilitation Act of
1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title
IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and implementing
regulations at 31 CFR part 28; the Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C.
Page 3 of 6
Intergovernmental Agency Agreement(IGA)for Participation in Pinal County's Annual Safety Roadeo
6101 et seq., and implementing regulations at 31 CFR part 23; and 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.
14. E-Verify, Records and Audits. To the extent applicable under A.R.S. § 41-4401, the Parties and
their respective subcontractors warrant compliance with all applicable federal immigration laws and
regulations that relate to their employees and compliance with the E-verify requirements under
A.R.S. §23-214(A). The Parties'or a subcontractor's breach of the above-mentioned warranty shall
be deemed a material breach of this Agreement and may result in the termination of this Agreement
by either party under the terms of this Agreement.
15. No Joint Venture. Except as may be required by law, 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' employees. Neither Party shall be liable for any debts, accounts, obligations
or other liabilities whatsoever of the other Party, including,but without limitation,the other Party's
obligation to withhold Social Security and income taxes for itself or any of its employees.
16. Severability. If any part, term or provision of this Agreement shall be held illegal, unenforceable
or in conflict with any law,the validity of the remaining portions and provisions hereof shall not be
affected.
17. Cancellation. The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to
conflicts of interest shall apply to this Agreement.
18. Counterparts and Electronic Signatures. This Agreement may be executed in any number of
counterparts,each of which shall be deemed an original, but all of which when taken together shall
constitute one and the same instrument. The signature page of any counterpart may be detached
therefrom without impairing the legal effect of the signature(s) thereon, provided such signature
page is attached to any other counterpart identical thereto. The Parties understand and agree that
they have the right to execute this Agreement through paper or through electronic signature
technology,and to the extent they sign electronically,their electronic signature is the legally binding
equivalent to their handwritten signature. Signatures sent by electronic means (facsimile, scanned
and sent via e-mail, or signed by electronic signature service where legally permitted) shall be
deemed original signatures. The Parties expressly waive any objection to the admissibility of this
Agreement on the grounds that it is an electronic record,or a paper copy of an electronic document,
or a paper copy of a document bearing an electronic signature. Each Party may sign any number of
copies of this Agreement, and each signed copy shall be deemed to be an original, but all of them
together shall represent one and the same agreement.
19. Entire Agreement. This Agreement represents the entire agreement between the Parties and
supersedes all prior negotiations,representations or agreements,either expressed or implied,written
or oral. It is mutually understood and agreed that no alteration or variant of the terms and conditions
of this Agreement shall be valid unless made in writing and signed by both Parties.
20. Parol Evidence. This Agreement is intended by the Parties as a final and complete expression of
their agreement. No course of prior dealings between the Parties and no usage of the trade shall
supplement or explain any terms used in this Agreement.
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Intergovernmental Agency Agreement(IGA)for Participation in Pinal County's Annual Safety Roadeo
21. Fair Meaning. This Agreement is intended to express the mutual intent of the Parties and shall not
be construed as if prepared by one of the Parties,but rather according to its fair meaning as a whole,
as if both Parties had prepared it.
22. Dispute Resolution. If a dispute between the Parties arises out of or relates to this Agreement, and
if the dispute cannot be settled through negotiation,any claim or action resulting from such dispute
shall be brought in the Pinal County Superior Court in Florence, Arizona. Notwithstanding the
foregoing, pursuant to A.R.S. § 12-1518, disputes under this Agreement shall be decided by an
arbitrator or arbitrators if the case or lawsuit is subject to mandatory arbitration pursuant to rules
adopted by the Pinal County Superior Court under A.R.S. § 12-133.
23. Waiver of Jury Trial. The Parties hereby waive their respective rights to trial by jury in any action
or proceeding arising out of this Agreement.
24. Relationship of the Parties.Except as may otherwise be required by law,each Party shall act in its
individual capacity and not as an agent, employee, partner,joint venturer, associate, or any other
representative capacity of the other party. Each Party shall be solely and entirely responsible for its
acts or acts of its agents and employees during the performance of this Agreement. This Agreement
shall not be construed to imply authority to perform any tasks, or accept any responsibility, not
expressly set forth herein. This Agreement shall be strictly construed against the creation of a
duty or responsibility unless the intention to do so is clearly and unambiguously set forth
herein. Nothing contained in this Agreement confers any right to any person or entity not a party to
this Agreement.
25. Non-Assignment. This Agreement has been entered into based upon the personal reputation,
expertise and qualifications of the Parties.Neither Party shall assign its interest in this Agreement,
in whole or in part, without the prior written consent of the other Party. Neither Party shall assign
any monies due or to become due to it hereunder without the prior written consent of the other Party.
26. Non-Appropriation.Notwithstanding any other provision in this Agreement,this Agreement may
be terminated if for any reason either party does not appropriate sufficient monies for the purpose
of maintaining this Agreement. In the event of such cancellation,the canceling party shall have no
further obligation other than for payment for services rendered prior to cancellation.
27. Uncontrollable Events. No Party shall be considered to be in default in the performance of any
obligations under this Agreement (other than obligations of a Party to pay costs and expenses) if
failure of performance is due to an uncontrollable event. The term "uncontrollable event" means
any cause beyond the control of the Party affected, including but not limited to flood, earthquake,
storm, fire, epidemic, war,riot, civil disturbance or disobedience, labor dispute, and action or non-
action by or failure to obtain the necessary authorizations or approvals from any governmental
agency or authority or the electorate, labor or material shortage, sabotage and restraint by court
order or public authority,that by exercise of due diligence and foresight the Party reasonably could
not have been expected to avoid and that by exercise of due diligence it will be unable to overcome.
A Party that is rendered unable to fulfill any obligation by reason of an uncontrollable event shall
exercise due diligence to remove such inability with all reasonable dispatch.
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the last date set forth
below their representatives' respective signatures.
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Intergovernmental Agency Agreement(IGA)for Participation in Pinal County's Annual Safety Roadeo
FOR PINAL COUNTY: FOR TOWN OF MARANA:
By: �J
By:
Chair mar\ Mayor
Pinal County Board of Supervisors Town of Marana
) O133(202'-1
V 7.Z° 21
Date ektrL
� Date
ATTEST: . ATTEST:
1' �, 7� �.
BY 49 tia By:
Cl k th Board Town C erk
LEGAL REVIEW
This Agreement has been reviewed pursuant to A.R.S. § 11-952 by the undersigned
attorneys who have determined that it is in proper form and is within the powers and authority of
each Party.
PINAL COUNTY: TOWN OF MARANA:
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B . B
Y Y. g>r-
el!" K f � �' %�� tee. -C-6(6,-(A
U
Print Name Print Name
Deputy Pinal County Attorney Town Attorney
Page 6 of 6
Intergovernmental Agency Agreement(IGA)for Participation in Pinal County's Annual Safety Roadeo
COPY
MARANA RESOLUTION NO. 2024-084
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
MARANA AND PINAL COUNTY REGARDING TOWN EMPLOYEE PARTICIPATION IN
THE PINAL COUNTY -SAFETY ROADEO"
WHEREAS Pinal County conducts an annual-Safety Roadeo-to encourage the safe opera-
tion of equipment by its employees; and
WHEREAS the Town desires for its employees to participate in the -Safety Roadeo-; and
WHEREAS the Town and Pinal County 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.; and
WHEREAS the Town Council finds that approving an intergovernmental agreement between
the Town and Pinal County is in the best interests of the Town and its citizens.
NOW, THEREFORE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pinal
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap-
proved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other tasks required or beneficial to carry out the tern's,obligations and objectives of the in-
tergovernmental agreement.
PASSED AND ADOPTED by the May or and Council of the Town of Marana,Arizona.this
17th day of September 2024.
Mayor Ed I nealAt...----v. ----....
ATTEST: APPROVED AS TO FORM:
40--940 416,
dmAW,
David L. Udall. Town Cler 7 Ja rail. Town omey
MARANA AZ
elt/A01.11104110 Mt
\larana Resolution No.2024-084 1