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HomeMy WebLinkAboutResolution 2007-175 IGA with pima county regional flood control district for design and construction of the barnett linear channel improvement projectMARANA RESOLUTION N0.2007-175 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE INTERGOVERN- MENTAL AGREEMENT BETWEEN PIMA COUNTY REGIONAL FLOOD CONTROL DIS- TRICT AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF THE BARNETT LINEAR CHANNEL IMPROVEMENT PROJECT. WHEREAS the Town of Marana is authorized by A.R.S. §9-240 to construct and keep in re- pair such bridges, viaducts, tunnels, culverts, drains, sewers and cesspools, and regulate. their use; and WHEREAS the Pima County Regional Flood Control District is authorized by A.R.S. § 48-3603 to contract and join with any other flood control district, municipality, political subdivision or governmental agency in acquiring, constructing, maintaining and operating flood con- trol works; and WHEREAS the District and Town wish to cooperate in the design and construction of the Barnett Linear Channel Improvements, consisting of flood control improvements beginning at Inter- state 10 on the east, generally following the existing alignment of Barnett Road west until ending at the confluence of the Santa Cruz River; and WHEREAS the District has indicated, their intent to provide funding in the amount of $600,000 to the Town to be applied towards the costs of design and construction of the Project; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of both Pima County and the Town of Marana to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pima County Regional Flood Control District attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor'is hereby authorized to execute it for and on behalf of the Town of Martina. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other- and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives of the intergovernmental agreement. {00006480.DOC /} CIH S/30/07 PASSED and ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16th day of October, 2007. ,y ,f ~,, f . . G ~ ,' May "r Ed Honea ATTEST: e yn C ronson, Town Clerk APPROVED AS TO FORM: ®~'" "~~ o~~~~ mn~Ry~ mod: gpFtPORATF ~ y +~+~+~ Town Attorney (00006480.DOC/} CIHS/30/07 Page 1 of 1 Viviana Ruiz From: Scott Leska Sent: Friday, February 27, 2009 12:42 PM To: Viviana Ruiz Subject: RE: Barnett Linear Channel Improvement Project Pima County did not approve this to be presented to the Board of Supervisors, in part because the money was unavailable. The money "vanished" at the same time the Town started negotiations with Pima County to acquire the wastewater infrastructure running in the Town from Pima County. Not sure if it was coincidence or what. Regards, Scott S. Leska, P.E., PTOE Town of Marana Capital Improvement Program Department (520)382-1999 sleska@marana.com From: Barbara Johnson Sent: Wednesday, February 11, 2009 9:33 AM To: Scott Leska Cc: Ryan Benavides; Cedric Hay Subject: FW: Barnett Linear Channel Improvement Project I believe you have this answer... Barbara F. Johnson General Manager Public Services Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 Ph-(520) 382-2602 FX-(520) 382-2641 From: Viviana Ruiz Sent: Tuesday, February 10, 2009 3:37 PM To: Barbara Johnson Cc: Cedric Hay Subject: Barnett Linear Channel Improvement Project Hi Barbara, On October 16, 2007, the Town Council approved the attached intergovernmental agreement. On October 18, 2007 it was sent to Chris Cawein at the Pima County Regional Flood Control District. Since then, I've contacted Mr. Cawein several times regarding Pima County signing this agreement. As of today, the item still has not gone before the Pima County Board of Supervisors -according to Mr. Cawein, it may not ever due to budget constraints. I noticed that the agreement expires on December 31, 2012. Does Pima County need to approve this for anything to happen, or will the Town begin the project without the County? I don't want to just file it because we'll forget about it and never get the signed agreement, so I'm checking to see what action I (or someone else) should take, if any? Thanks for your help! -Viviana 3/2/2009 INTERGOVERNMENTAL AGREEMENT BETWEEN THE PIMA COUNTY REGIONAL FLOOD CONTROL DISTRICT AND THE TOWN OF MARANA FOR THE DESIGN AND CONSTRUCTION OF BARNETT LINEAR CHANNEL IMPROVEMENT PROJECT This agreement (Agreement) is entered into by the Pima County Regional Flood Control. District, a political subdivision of the State of Arizona, and the Town of Marana, a municipal subdivision of the State of Arizona, pursuant to Arizona Revised Statutes (A.R.S.) Section 11-952. Recitals A. The Pima County Regional Flood Control District (District) is authorized by . A.R.S. § 48-3603 to contract and join with any other flood control district, municipality, political subdivision or governmental agency in acquiring, constructing, maintaining and operating flood control works. B. The Town of Marana (Town) is authorized by A.R.S. §9-240 to construct and keep in repair bridges, viaducts, tunnels,. culverts, drains, sewers and cesspools, and regulate their use. C. The District and Town wish to cooperate in the design and construction of the Barnett Linear Drainage Improvements, consisting of flood control improvements beginning at Interstate 10 (I-10} on the east, generally following the existing alignment of Barnett - Road west until ending at the confluence of the Santa Cruz River ("the Project"). D. The parties find it necessary to enter into an intergovernmental agreement for the purpose of implementing the Project. NOW THEREFORE, Town and District,. pursuant to the above and in consideration of the matters and things thereafter set forth, do mutually agree as follows: AGREEMENT SECTION 1. PURPOSE The purpose of the Agreement is to set forth the responsibilities of the parties for the design and construction of the Project. SECTION 2. THE PROJECT The Project consists of the design and construction of a two hundred foot wide. drainage channel beginning at Interstate 10 (I-10) and generally following the existing alignment of Barnett Road west until ending at the confluence of the Santa Cruz River, as more fully depicted in Exhibit A {00004131.DOC / Page 1 of 6 10/8/07 CIH attached. The Town shall advertise, award, execute and administer all contracts for the Project. SECTION 3. COMMITMENT OF FUNDS The District shall pay to Town a total amount of $600,000.00 as the District's contribution to the cost of the Project.. SECTION 4. VESTING OF TITLE AND MAINTENANCE Upon completion of the Project, title to the_Project improvements constructed as a result of the Agreement shall vest in Town and Town shall be responsible for the continued operation and maintenance of the improvements. SECTION 5. EFFECTIVE DATE AND DURATION OF AGREEMENT 5.1 This agreement shall be effective on the date of recordation of the original executed Agreement with the office of the Pima County Recorder. 5.2 This agreement maybe executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, tai~en together, shall constitute one and the same agreement. 5.3 This Agreement shall remain in effect until the Project is constructed and all final accounting, payments and certifications have been completed. Under no circumstances shall this agreement extend beyond December 31, 20.12, unless extended by written agreement of the parties. SECTION 6. LEGAL JURISDICTION Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of District or Town. SECTION 7. NO JOINT VENTURE It is not intended by this Agreement to be construed to ,create any partnership, joint venture or employer-employee relationship between District and Town. No party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of any other party as a result of this Agreement, including (without limitation) any party's obligation to withhold Social Security and income taxes for itself or its employees. SECTION 8. NO THIRD PARTY BENEFICIARIES This Agreement shall not cxeate any right to any person or entity as a third party beneficiary. SECTION 9. COMPLIANCE WITH LAWS 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. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes hereunder. Any action relating to this Agreement shall be brought in an Arizona court. 9.1. Anti Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement. , 9.2. Americans with Disabilities Act. This Agreement is subject to all applicable {00004131.DOC / Page 2 of 6 10/8/07 CIH 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. SECTION 10. 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 floods, earthquakes, acts of God, or orders of any regulatory government officer or court (excluding orders promulgated by the parties themselves), which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Any party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. SECTION 11. WAIVER Waiver by any party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. SECTION 12. TERMINATION 12.1. For cause. A party may terminate this Agreement for material breach of the Agreement by any other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other parties of the nature of the. alleged default. The party said to be in default shall have forty-five - days to cure the default. If the default is not cured within that time, any other party may terminate this Agreement. Any such termination shall not relieve any party from liabilities or costs akeady incurred under this Agreement. 12.2. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38-511. relating fo potential conflicts of interest. 12.3. Non-a~~ropriation. It is acknowledged that, notwithstanding any other provision contained herein, this Agreement may be terminated if for any reason the Pima County Flood Control District Board of Directors or the Town of Marana Mayor and Council fails to appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, District and Town shall have no further obligation to the other party other than for payment for services rendered prior to such termination. SECTION 13. INDEMNIFICATION 13.1. Indemnity. Town shall indemnify, defend and hold District, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, .fines or penalties, damages, liability, interest, attorneys; consultants and accountants fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in {00004t31.DOC / Page 3 of 6 , 10/8f07 CIH connection with or incident to the performance of this Agreement. 13.2 Notice. District shall notify Town in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. 13.3 Negligence of indemnified parry. The obligations under this Article shall not extend to the negligence of the indemnified party, its agents or employees. 13.4 Survival of termination. This Article shall survive the termination, cancellation or revocation, whether in whole or in part, of this Intergovernmental Agreement. SECTION 14. INSURANCE . Each party to this agreement acknowledges that the other party is self-insured and warrants that such self insurance fully covers that party's liability regarding the Project. SECTION 15. BOOKS AND RECORDS Each party shall keep and maintain proper and complete books, records. and accounts, which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. All design and construction drawings, records, documentation and correspondence shall be the property of the Town on completion of the Project except for those copies maintained by District for its records. Within six months after completion of Project, the Town shall provide to District "as-built" original drawings of the Project at no cost to District. SECTION 16. INSPECTION AND AUDIT OF RECORDS The appropriate designated representatives ofany parry may perfom~ any inspection of the Project or reasonable audit of any books or records of any other party to satisfy itself that the monies on the Project have been spent and the Project operated and maintained in accordance with this Agreement. SECTION 17. SEVERABILITY In the event that any provision of the Agreement or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this extent the provisions of the agreement are severable. SECTION 18. REMEDIES Any dispute arising under this Agreement shall be subject to arbitration in accordance with A.R.S. § 12-1518 amended. SECTION 19. NOTIFICATION All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: Town of Marana: Barbara Johnson Town of Marana Department of Public Works 11555 W. Civic Center Drive {00004131.DOC / Page 4 of 6 10/8/07 CIH Marana, AZ 85653 Pima County Regional Flood Control District: Christopher C. Cawein, Deputy Director Pima County Regional Flood Control District 97 E. Congress, 3`~ Floor Tucson, Arizona 85701 In Witness TWhereof, the Town has caused this Agreement to be executed by the Mayor, upon resolution of the Mayor and Council and attested to by the Town Clerk, and the District has caused this Agreement to be executed by the Chairman of its Board of Directors, upon resolution of the Board and attested to by the Clerk of the Board. , THEREFORE, the parties hereto have entered into this Agreement this 16th day of October, 2007. PIMA. COUNTY FLOOD CONTROL DISTRICT BOARD OF DIRECTORS Richard Elias, Chairman TOWN OF MARANA //~/y// / V ~ y. Ed Honea, Mayor ATTEST: Clerk of the Board ATTEST: Cl {0000413 t.DOC / Page 5 of 6 10/8/07 CIH ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement between the Pima County Flood Control District, and the Town of Marana has been reviewed pursuant to the provisions of A.R.S. § 11-952 by the undersigned, who have determined, each as to their respective client only, that it is in proper form and is within the powers and authorities granted under Arizona law to the parties represented by the undersigned. Pima County Flood Control District: Deputy County Attorney for the District Town of Marana: 'own Atto ey {ooooaisi.noc i Page 6 of 6 10/8107 CIH