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Home My WebLink AboutRES 22-39 RESOLUTION NO. 22-39 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION ("APACHE JUNCTION") TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO SUPPORT THE DEVELOPMENT OF THE CENTRAL ARIZONA PROJECT ("CAP") NATIONAL RECREATION TRAIL WITH PINAL COUNTY ("PINAL COUNTY") AND THE TOWN OF FLORENCE ("FLORENCE") WHEREAS, the CAP Trail, following the Central Arizona Project canal, was master planned by Pinal County and major stakeholders in 2015 and meets goals identified in both the city' s Active Transportation Plan and 2020 General Plan; and WHEREAS, pursuant to the above-noted effort, Pinal County, Apache Junction, and Florence desire to enter into an Intergovernmental ("IGA") to jointly support the development of the CAP Trail; and WHEREAS, the IGA will allow the three partners to begin the environmental clearances and final design and engineering for Phase 3 of the CAP Trail project which consists of approximately 39 . 8 miles of trail from Florence to Apache Junction; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for - joint or cooperative activities; and WHEREAS, the attached IGA formalizes the duties and obligations under the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the form of the Intergovernmental Agreement Between Pinal County, City of Apache Junction and the Town of Florence to Support the Development of the Central Arizona Project ("CAP") National Recreation Trail set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. RESOLUTION NO. 22-39 PAGE 1 OF 2 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF ,& j , 20ZZ. SIGNED AND ATTESTED TO THIS DAY OF,OF ,0&&bt4 202-?- �4� WALTER "CHIP" WILSON Mayor ATTEST: JkbgfIFER P 9NA City Clerk APPROVED AS TO FORM: C -4 M•22 RICHARD J. STERN City Attorney RESOLUTION NO. 22-39 PAGE 2 OF 2 ATTACHMENT A CAP TRAIL IGA INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY, CITY OF APACHE JUNCTION AND THE TOWN OF FLORENCE TO SUPPORT THE DEVELOPMENT OF THE CENTRAL ARIZONA PROJECT("CAP") NATIONAL RECREATION TRAIL THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is made and entered into by Pinal County("Pinal"), a political subdivision of the State of Arizona, City of Apache Junction ("Apache Junction"), an Arizona Municipal Corporation and the Town of Florence ("Florence"), an Arizona Municipal Corporation (jointly"Partners")concerning the establishment and development of the CAP National Recreation Trail ("CAP Trail") (Collectively,the Partners). RECITALS WHEREAS, the CAP Trail is a remarkable vision of providing a recreational trail alongside the CAP canal (See Exhibit A) and; WHEREAS,the CAP Trail will provide a continuous route approximately 336 miles in length from Tucson,Arizona to the Colorado River and; WHEREAS, the CAP Trail will link together larger populated areas such as Phoenix and Tucson with less urban areas in Pinal County such as Eloy,Coolidge, Florence and Apache Junction and; -- WHEREAS,the CAP Trail highlights the diversity of the natural resources on the route,and the impressive creativity and excellence of the builders of the various segments of the trail and; WHEREAS, the CAP Trail will provide many additional opportunities and venues to recreate, increase property values, and leave a legacy of a great natural corridor to explore for generations to come and; WHEREAS, the CAP Trail will dramatically enhance the region's travel and tourism portfolios and will provide visitors new destination points and venues to learn about the region's human achievements, such as the CAP canal system and; WHEREAS,the CAP Trail will generate additional health and well-being for all users of the trail, and make increased health a fundamental benefit of the trail and; 1 CAP TRAIL IGA WHEREAS,the CAP Trail will be enjoyed by bicycles, hikers, equestrians, runners, and the like, for its entire length and; WHEREAS, the CAP Trail is recognized as an important recreation and connectivity corridor in several Partner planning documents and; WHEREAS,the parties are authorized to enter into this IGA under A.R.S. §,11-952 and; WHEREAS, it is the mutual desire of the Partners to enter into an IGA to jointly support the development of the CAP Trail as identified in Exhibit A. NOW, THEREFORE, in consideration of the above, the Partners hereto mutually agree as follows: AGREEMENT 1) SCOPE OF SERVICES. In connection with this Agreement, Pinal shall: • Procure the appropriate contractors to meet environmental and design goals. • Serve as project manager for environmental clearances and design work as mentioned above. • Coordinate regular meetings with Apache Junction and Florence to review environmental and design plans. • Submit proposed contracts for environmental clearances and design work to Florence and Apache Junction prior to approval and execution by Pinal. • Coordinate and support efforts to identify grant funding opportunities for all phases of trail development. • Respond in writing to any comments or objections raised by Florence or Apache Junction to the contracts for environmental clearances or design work. Resolution of any issues raised will be at Pinal's discretion. • Invoice the City of Apache Junction and Town of Florence for their share of environmental and design costs on a monthly basis. Costs will be allocated to the Partners based on the percentage of trail miles within their respective boundaries upon execution of this agreement. (Costs for Apache Junction shall not exceed $45,000 and costs for the Town of Florence shall not exceed $34,000.) • Use best efforts to develop, future IGAs with Apache Junction and Florence for future operations and maintenance of the CAP Trail located between the Town of Florence and the City of Apache Junction. 2 CAP TRAIL IGA In connection with this IGA,Apache Junction and Florence shall each: • Identify and assign a project manager. • Within 15 calendar days after receipt of any proposed contract, review, and provide feedback on the final costs associated with contracts for the necessary environmental clearances and design work. Comments raised in this review will be addressed by Pinal in writing, but Pinal maintains ultimate discretion to proceed, provided the environmental and design costs do not exceed the amounts identified in this IGA for Florence and Apache Junction. • Process and pay invoices as submitted by Pinal County within 30 calendar days of receipt. • Support Pinal in grant opportunities and applications that positively impact the trail and trail user experience. • Review, provide input and use best efforts to reach agreement on future IGAs required for the operations and maintenance of the CAP Trail located between the Town of Florence and the City of Apache Junction. 2) GENERAL PROVISIONS. • To the fullest extent permitted by law,the Partners shall indemnify, defend and hold each other , their 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, attorney, consultant and accountant fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, agents, employees or anyone acting under direction or control,whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this IGA. • This IGA becomes effective and in full from the date signed by last Partner and shall remain in effect for a period of five (5) years unless terminated earlier. • This IGA is subject to termination pursuant to A.R.S. § 38-511, in the event that there is a conflict of interest. • Any of the Partners may withdraw from the IGA with or without cause by giving thirty(30) calendar days prior written notice to Pinal. • The provisions of this IGA are intended only to define the respective understandings and obligations of the Partners. Nothing expressed herein shall be construed as limiting or expanding the statutory responsibilities of the Partners in performing functions beyond those granted by law; or as requiring the Partners to expend any sum in excess of their respective appropriations. 3 CAP TRAIL IGA 3) PRINCIPAL CONTACTS. City of Apache Junction: Director Apache Junction Parks and Recreation Department 300 East Superstition Blvd. Apache Junction, Arizona 85119 Pinal County: Director Pinal County Open Space and Trails Department P.O. Box 2973 Florence,Arizona 85132 Town of Florence: Director Florence Community Services Department 778 N Main Street Florence,Arizona 85132 4 CAP TRAIL IGA IN WITNESS WHEREOF, the Partners hereto have executed this Agreement as of the last date written below: ATTEST: Pi County Natasha Kennedy, Clerk of the Board Jeffrey 4cCj1u7CUr.man 24126t" Date ATTEST: City of Apache Junction: P'V "'V Jennifer Pe a, City Clerk Chip Wilson, Mayor l�- 20Z 2- Date ATTEST: Town Of Florence: Lis arcia,Town Clerk Tara Walter, Mayor � lr2- Date 5 CAP TRAIL IGA APPROVED AS TO CONTENT: Director, Pinal C ty Open Space and Trails Department APPROVED AS TO CONTENT: Director,Apache unction Parks and Recreation Department APPROVED AS TO CONTENT: 'm 1) 4M Director,Town if Florence Community Services Department APPROVED AS TO FORM: G Pinal County Attorney L Town'of Florence Attorney City of Apache Junction Attorney 6 88 aU ro ` " 1 CAP Trail Phase III ' qpa a Jur ct o P CAP Trail Alignments Apache Junction i � BU County Florence Concept Trailhead/Entry Points Railroad Cities/Towns �,- City Name tie Cre. ,t n" �i�i Apache Junction Florence Major Highways nJ CAP Trail Length = 39.757 County = 27.63 Apache Junction = 6.93 Florence �S 79 \ k� �,y "yo-�' �;y; "y`. t+�v. ,! � � 4 v � � "� ✓„_�'s9a `vyz x� 3 87 W s