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HomeMy WebLinkAboutResolution 95-038 IGA with pima county for joint use of the Marana public poolRESOLUTION NO. 95-38 A RESOLUTION OF TH2E TOWN COITNCIL OF TltE TOWN OF MARANA, ARIZONA AUTHORIZING THE TOWN TO EN'rlaR Alq INTERGOVERNMENTAL AGRglTM2ENT WITH PIMA COUNTY PROVIDING FOR JOINT USE OF THE MARANA PUBLIC POOL. WHEREAS, Pima County is able to provide recreation programs at the Mararia Municipal Pool for swimming lessons and other recreational programs; and WHEREAS, the availability of such lessons and recreational programs at the Mararia Municipal Pool would greatly benefit the citizens of the Town of Marana and would be in the Town's best interest. NOW, THEREFORE, BE 1T RESOLVED, that the Town of Mararia is authorized to enter into an Intergovernmental Agreement with Pima County providing for use of the Marana Muncipal Pool by the County for swim lessons and other recreational programs and defining the fights and obligations of the parties. PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona, this 5th day of July, 1995. Mayor ED HONEA AS TO FORM: '~"'"~Daniel J. Hochuli Town Attorney Re*olutioa No. 95-38 Page 1 of 1 5 W ?:*.ET, 1(-135 F-. ANN RODRIGUEZ. RECORDER DOC RECORDED BY: LMD PAGE: 532 DEPUTY RECORDER NO. OF PAGES: lo 1963 ROOE SEQUENCE: 95145081 -W,kx 10 o9/25/95 Po230 0a PIMA CO CLERI--' OF THE BOARD RES 11:2-0:00 PICKUP TUCSON AZ 85701 AMOUNT PAID $ 5.5o RESOLUTION NO. 1995 RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, ARIZONA, AND THE TOWN OF MARANA, ARIZONA, FOR THE JOINT USE, MAINTENANCE, AND MANAGEMENT OF THE MARANA PUBLIC SWIMMING POOL. WHEREAS, Pima County and the Town of Marana desire to share the use, maintenance, and management of a public swimming pool known as the Marana Public Pool located at 13250 North Lon Adams Road within the corporate limits of the Town of Marana; WHEREAS,. pursuant to A.R.S. S 11-952, Pima County and the Town of Marana desire to jointly exercise their powers for the use, maintenance, and management of the Marana Public Pool, by entering into an Intergovernmental Agreement for that purpose; WHEREAS, the Mayor and Council of the Town of Marana did on the 5th day of July, 1995, authorize the Mayor to execute said Intergovernmental Agreement by Resolution No. 95-38. NOW, THEREFORE, BE IT RESOLVED: S.ection 1. That it is necessary for Pima County to enter into an Intergovernmental Agreement with the Town of Marana for the joint use, maintenance, and management of the Marana Public Pool; Section 2. That the Chairman of the Pima County Board of Supervisors is hereby authorized and directed to execute said Intergovernmental Agreement, a copy of which is attached hereto; _Se.ction 3. That the various Pima County officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. PASSED, ADOPTED, AND APPROVED by the Pima County Board of Supervisors, this loth- day of Sen enb(??,r 1995. PIMA COUNTY BOARD OF SUPERVISORS By: c -414a?Zsh,?' Ch irm4n Paul Marsh, Ch irm4n n Sfp 1 9 1995 EST: - iliams, CMC e 'rWi rvisors the Fo4rd of Supe 9 9--? APPROVi6ig ?fd FOPk: Deput ounty Attorn?ey 1'0 135 533 F- %-00TRACT I No. LL, ArAENDfAENT NO. This number Must appear on all , on n,-!., n c e, and invoices, corrps dn c u rr. e r.' -,t P r t r. i n q try this C I INTERGOVERNMENTAL AGREEMENT BETWEEN pIMA COUNTY AND THE TOWN OF MARAN FOR usE, MAINTENANCE, AND MANAGING THE MARANA P1 I ?BLIC POOL ent is entered into this 19 t h day of c Le-D t erlb Q, r , 1995, yhis intergovernmental Agreem pursuant to A.R.S. § 11-952, by and between Pima County, a body politic and corporate of the State of Arizona ("County") and the Town of Marana, Arizona, a municipal corporation ("Town") for the provision of public pool use, maintenance, and management services. RECITALS A. County and Town desire to jointly exercise their powers pursuant to the provisions of A.R.S. § 11-951 et seq.; and B. County desires to enter into an intergovernmental agreement with Town for the use, maintenance, and management of a public pool located wi * the corporate limits of Town; and C. The Mayor and Council of Town did on the ?S- day of 1995, authorize the Mayor to execute this Agreement by Resolutior?No. and D. The Board of Supervisors of County did on the 12112 day of -Si-nta-mbe-?, 1995, authorize the Chairman of the Board to execute this Agreement by Resolution No. NOW, TBEREFORE, County and Town, pursuant to the above, d in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Marana/Pirna County IGA- Marana MuniciPal Pool Page 1 of 7 10135 534 AGREEMEENT 1. Definitions 1. 1 Definitions. The term "Marana Public Pool" shall mean the facility I North Lon Adams Road, Marana, Arizona and wholly owned by the Town of 2. Effective Date; Tenn; Renewal at 13250 2.1 Effective date, Term. This intergovernmental Agreement shall becorn effective upon filing the original executed agreement with the office of the Pima County Recorder, and shall continue until June 30, 2000 or until sooner terminated pursuant to Article 6. 2.2 Renewal. This Intergovernmental Agreement may be renewed by agreement of the parties, effective upon filing the original executed renewal agreement with the office of the Pima County Recorder. 3. Use, Maintenance, and Management of Marana Public Pool Services 3.1 Services. County and Town shall enjoy joint use of the Marana Public Pool with each having obligations set forth herein. 3. 1. 1 County Use of Pool. County shall operate and be the responsible party for the Marana Public Pool during the specific hours of operation set fordi in Exhibit "A" attached hereto and incorporated herein by this reference. County shall have the Marana Public Pool made available to them for fee and non-fee supported recreation programs, and the fees resulting from those programs will be collected by County. 3.1.2 Other County Use of Pool. County shall be allowed to use the Marana Public Pool during any time the pool is not in use for Marana purposes provided they give forty- eight (48) hours notice to the Marana Public Pool manager. Town shall receive all rents and proceeds resulting from party and pool rentals at the Marana Public Pool. 3.1.3 Obligations of Town. Town shall be the responsible party for the Marana Public Pool during any hours of operation when pool is not being used for County purposes. Town shall provide for the pool maintenance and necessary supplies. 3.2 Hifing of Marana Public Pool Lifeguards. Town shall be respor of lifeguards to be employed by Town during those hours of operatio responsible party. County shall be responsible for the hiring of lifeguards County during those hours of operation the County is the responsible p: sections 3.1 of this Intergovernmental Agreement. Neither Town nor C4 lifeguards working for -both parties. 3.3 Payment of Marana Public Pool Lifeguards. Town shall be resIx pay, benefits, workers' compensation, and insurance during the hours of marana/Pima County IGA: Marana Municipal Pool Page 2 of 7 ble for the hiring the Town is the be employed by as set forth in nty is opposed to for lifeguard :)n for which 10135 535 Town is the responsible party. County shall be responsible for lifeguard pay, benefits, workers' compensation, and insurance during the hours of operation for which County is the responsible party as set forth in sections 3.1 of this Intergovernmental Agreement. When the-lifeguards are. working on County time, they are to be considered intermittent County employees and when the lifeguards are working on Town time, they are to be considered full-time temporary Town employees. 3.4 Marana Public pool Manager and Principle Lifeguard. Town shall hire a pool manager to be responsible for the operation of the Marana Public Pool during the hours of which Town is the responsible party, and shall be responsible for the pay, benefits, workers' compensation, and insurance Of P001 manager- County shall hire a principle lifeguard to be responsible for the operation of the Marana Public Poll during the hours of which County is the responsible party, and shall be responsible for the pay, benefits, workers' compensation, and insurance of pool manager. Neither Town nor County are opposed to having the same individual employed as the Marana Public pool Manager and the principle lifeguard. 4. Status of County; Officers and Employees 4.1 Status. It is not intended by this Intergovernmental Agreement to, and nothing contained in this Intergovernmental Agreement shall be construed to, create any Partnership, joint venture or employment relationship between the parties or creating any employer-employee relationship between Town and any County employee, or between County and any Town employee. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for any of its employees. 5. Hold harmless; Indemnification 5.1 By Tom. Town shall, to the extent permitted by Arizona law, indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of Town or to any act or omission of Town, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. 5.2 By County. County shall to the extent permitted by Arizona law indemnify, defend and hold harmless Town, its officers, departments, employees and agents from, for and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature which are attributed to any law, ordinance, regulation or policy of County or to any act or omission of County, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Intergovernmental Agreement. marana/Pinta county ICA: Mamna MuniciPal Pool Page 3 of 7 10135 536 6. Termination 6.1 Termination at will. This Intergovernmental Agreement may be terminated by either party at will by giving ninety (90) days prior written notice of termination to the other party. Such termination shall not relieve either party from those liabilities or costs already incurred under this Intergovernmental Agreement. 6.2 FWOing sources; Budget, Non-appropriation. This Intergovernmental Agreement and all obligations upon County or Town arising therefrom shall be subject to any limitation imposed by budget law. The parties represent that they have within their respective budgets sufficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason the Pima County Board of Supervisors or the Marana Town Council do not appropriate sufficient monies for the purpose of maintaining this Intergovernmental Agreementl this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, County and Town shall have no further obligation to the other party other than for payment for services rendered prior to cancellation. 6.3 Conflict. This Agreement is subject to the provisions of A.R.S.- § 38-511. 7. Miscellaneous 7.1 Legal Jurisdiction. Nothing in this Intergovernmental Agreement shall be construed as either limiting or extending the legal jurisdiction of either County or Town. 7.2 Court action by third persons. If this Intergovernmental Agreement is determined, in whole or in part, to be void by court action brought by third persons, there shall be no liability on the part of County or Town to the other by reason of such action or by reason of this Intergovernmental Agreement. 7.3 Beneficiaries. Nothing in this Intergovernmental Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Intergovernmental Agreement on any person other than the parties to it and their respective successors and permitted assigns. 7.4 Timeliness. Each of the parties, through their respective counsel, officers and employees, agree to take such actions as may be necessary to carry out the terms of this Intergovernmental Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 7.5 Compliance with laws. Each party to this Intergovernmental Agreement shall comply with all applicable federal and state statutes and regulations. Each party shall comply with all applicable legal requirements relating to civil rights and non-discrimination in employment, including but not limited to, the Immigration Reform and Control: Act of 1986 and the Americans with Disabilities Act. Each party shall indemnify and hold harmless the other party pursuant to Article 5 of this Intergovernmental Agreement for all liability arising from failure Mamna/Pirna County IGA: Marana MuniciPal Pool Page 4 of 7 10135 537 to comply with federal and state statutes and regulations. Indemnification shall include costs of suits. 7.6 No assignment. Any assignment or attempted assignment of this Intergovernmental Agreement by either party without the written consent of the other party shall be void. 7.7 Non-waiver. The failure of either party to insist on any one or more instances upon the full and complete performance of any of the terms and provisions of the Intergovernmental Agreement to be performed on the part of the other, or 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 full or in part in the future. The acceptance by either party of sums of less than may be due and owing it at any time shall not be construed as accord and satisfaction. 7.8 Notices. Any and all notices, requests or demands made upon the parties hereto, pursuant to or in connection with this Agreement, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as agreed by both parties. 7.9 Integration; Modification. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and correctly sets forth the rights, duties and obligations of each to the other as of its date. All prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. The provisions hereof may be abrogated, modified, rescinded or amended in whole or in part only by written instrument executed by the parties and recorded with the Pima County Recorder. 7. 10 severability. In the event that any provision, or any portion of any provision, of this Intergovernmental Agreement, or the application thereof, is held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provisions of this Intergovernmental Agreement shall be deemed to be severable. In witness whereof, the County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors upon resolution of the Board and attested to by the Clerk of the Board and the Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk. Marana/pim County IGA: Marana Mun?cipal Pool Page 5 of 7 10135 . 538 ATTEST: mi k; of MBBoard C, I - Cf:? - M - /;10 & 7 7 - Oclq-5- TOWN OF Marana Ed Honea Mayor PIMA COUNTY 7paul'M2arsh 9., IV95 0 pervisors Chairman, Board o? UDeIrv9is Page 6 of 7 10135 539 ATTEST,: INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. pBlA COUNTY: eputy o ty Attorney TOWN OF Marana: T Daniel J. Hochuli Attorney for Town Page 7 of 7 10,35 540 EXIHBIT "A" MONDAYS: TUESDAYS: WEDNESDAYS: THURSDAYS: FRIDAYS: SATURDAYS: PIMA COUNTY SCHEDULE OF POOL USE 5:0opm to 8:0opm 7:00am to 12:00pm and 5:30 pm to 8:OOPm 7:00am to 12:00pm and 5:30 pm to 8:OOPm 7:00arn to 12:00pm 7:00am to 12:00pm and 5:00pm tO 10:OOPm 7:00am to 12:00pm 51