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HomeMy WebLinkAboutResolution 2004-140 agreement with the greater tucson economic councilMARANA RESOLUTION NO. 2004-140 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE GREATER TUCSON ECONOMIC COUNCIL. WHEREAS, the Town of Marana and the Greater Tucson Economic Council desire to for- malize the Town's contribution to the Greater Tucson Economic Council for fiscal year 2004 ~ 2005; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into an agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the agreement between the Town of Marana and the Greater Tucson Economic Council attached to and incorporated by this reference in this resolution as Exhibit A is hereby authorized and approved. The Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of October, 2004. ~ May~r B~l~b3/Su~ton, Jr. ATTEST: C.~t~ronson, Town Clerk APPROVED AS TO FORM: . Fr~a~4~Cass!ffy, Town Atto/m~ [00000098. DOC/] FJC/cds 9/15/04 AGREEMENT BETWEEN THE TOWN OF MARANA, ARIZONA AND THE GREATER TUCSON ECONOMIC COUNCIL THIS AGREEMENT is made and entered into this __ day of August, 2004, by and be- tween the TOW~ OF MARACA, ARIZONA, a municipal corporation (hereinafter 'Town"), and the GREATER TUCSON ECONOMIC COUNCIL (hereinafter "GTEC"). WHEREAS, GTEC serves as the primary economic development agency for the Tucson metropolitan area, including the Town, with the goal of business recruitment; and WHEREAS, GTEC receives public funding from various governments in the region, in- cluding Town. Now, THEREFORE, for and in consideration of the mutual covenants, promises and con- sideration hereinafter contained, and other good and valuable consideration, the receipt and suf- ficiency of which is mutually agreed and acknowledged, the parties agree as follows: 1. Effective Date; Term. 1.1. This Agreement shall be effective upon signing by all parties, and shall continue in force until June 30, 2005, or until sooner terminated pursuant to the provisions of this Agreement. 1.2. This Agreement may only be renewed by subsequent agreement of the parties, exe- cuted with the same formality as this Agreement. 2. Funding by Town 2.1. Within thirty days after the effective date of this Agreement, Town will pay the sum of Five Thousand Dollars to GTEC. 2.2. Town shall continue its support, financially and otherwise, to GTEC and to its goal of economic strength and growth in the region, including within the limits of the Town. {00000096.DOC / 2} - 1 - 7/26/2004 11:43 AM 3. GTEC Obligations. 3.1. GTEC specifically acknowledges that the payment by Town provided herein shall constitute the full payment of dues by Town for fiscal year 2004 - 2005, and it shall in no way limit Town's membership, authority, or position in GTEC. 3.2. Throughout the term of this Agreement, Town shall continue to maintain a seat on the executive board of GTEC. 3.3. GTEC shall use its best efforts to promote the establishment of a rail spur in the Ma- rana Town Limits and to promote land development around the Marana Regional Airport. 4. Status of GTEC; Officers and Employees. 4.1. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any parmership, joint venture or employment relationship be- tween the parties or create any employer-employee relationship between Town and GTEC, or between GTEC and any Town employee. Neither party shall be liable for any debts, ac- counts, 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 em- ployees. 5. Suspension or Discontinuance of Services; Termination. 5.1. This Agreement may be terminated by either party at will by giving thirty 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 Agreement. This Agreement may be terminated by the Town for conflict of interest pursuant to A.R.S. § 38-511. 5.2. This Agreement and all obligations upon Town arising therefrom shall be subject to any limitation imposed by budget law. The Town represents that it has within its budget suf- ficient funds to discharge the obligations and duties assumed under this Agreement. If for any reason the Marana Town Council does not appropriate sufficient monies for the purpose of maintaining this Agreement, this Agreement shall be deemed to terminate by operation of law on the date of expiration of funding. In the event of such cancellation, GTEC and Town shall have no further obligation to the other party other than for payment for services ren- dered prior to cancellation. 6. Miscellaneous Provisions. 6.1. If this 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 GTEC or Town to the other by reason of such action or by reason of this Agreement. 6.2. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the parties to it and their respective successors and permitted assigns. {00000096.DOC ! 2} 2 7/26/2004 11:43 AM 6.3. 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 Agreement, and to cause such documents as may be necessary to be executed with reasonable promptness. 6.4. Each party to this Agreement shall comply with all applicable federal and state stat- utes and regulations. Each party shall comply with all applicable legal requirements relating to civil rights and non-discrimination in employment, including the Immigration Reform and Control Act of 1986 and the Americans with Disabilities Act. 6.5. Any assignment or attempted assignment of this Agreement by either party without the written consent of the other party shall be void. 6.6. 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. 6.7. 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 with the same formality as this document. 6.8. The failure of either party to insist, in any one or more instances, upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be con- stmed 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 or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. [Remainder of page is blank.] {00000096.DOC / 2} 3 7/26/2004 11:43 AM 6.9. In the event that any provision, or any portion of any provision, of this 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 ap- plication and to this end the provisions of this Agreement shall be deemed to be severable. IN WITNESS WHEREOF, the parties hereto enter into this Agreement on the date first written above. TOWN OF MARANA Bobby Sutton, Jr., Mayor ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM.' Frank Cassidy, Town Attorney {00000096.DOC / 2} 4 7/26/2004 11:43 AM