IGA AGREEMENT GILA RIVER INDIAN COMMUNITY -DISTRICT-6-AND-DISTRICT-7 5222023.PDF

Maricopa County — Formal (2023-06-14)

Extracted text (via ocr_local) 18005 characters

INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
AND THE GILA RIVER INDIAN COMMUNITY
FOR STREET LIGHTING 515" AVENUE/BELTLINE ROAD FROM SAINT JOHNS ROAD
TO KOMATKE LANE & 83°° AVENUE, 87™ AVENUE AND 91°" AVENUE FROM
BASELINE ROAD TO DOBBINS ROAD

(C-64-23-___-X-00)

This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County), and the Gila River Indian Community, a federally
recognized Indian Tribe organized pursuant to Section 16 of the Indian Reorganization Act of
1934 (Community). The County and Community are collectively referred to as the Parties or
individually as a Party.

AUTHORIZATION

1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and
§§ 28-6701 ef. seq., to lay out, maintain, control and manage public roads within the
County.

2. The Community is authorized, pursuant to Article XV, Section 1(a)(1)(9)(18), of the
Constitution of the Community to lay out and establish, regulate and improve streets
within the Community and to enter into this Agreement.

3. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 ef seq., to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action.

BACKGROUND

4. 51% Avenue/Beltline Road from Saint Johns Road to Komatke Lane is a paved roadway
owned, operated, and maintained by the County. The Community borders the roadway on
both sides. The current roadway has one travel lane in each direction.

5. 83 Avenue, 87" Avenue and 91" Avenues from Baseline Road to Dobbins Road are
paved roadway owned, operated, and maintained by the County. The Community borders
the roadway on both sides. The current roadways have one travel lane in each direction.

6. The Community will install streetlights on 51* Avenue/Bettline Road from Saint Johns
Road to Komatke Lan and on 83" Avenue, 87" Avenue and 91% Avenues from Baseline
Road to Dobbins Road to improve safety for pedestrian traffic (Project). The Community
will install the streetlights within County right-of-way.

GRIC COUNCIL SECRETARY’S OFFICE

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The County does not own and therefore is not responsible for, operation or maintenance
of public street lighting to be installed as a result of this agreement. The County will not
financially participate in the Project.

PURPOSE OF THE AGREEMENT

The purpose of this Agreement is to identify and define the responsibilities of the County
and Community for the Project, including but not limited to cost sharing, design, permitting,
environmental clearance, utility relocation, construction and construction management,
and operation and maintenance of the streetlights.

TERMS OF THE AGREEMENT
Responsibilities of the County:

9.1 The County shall review and provide comments to the Community within ten (10)
working days of receipt of the design plans. The County shall approve design plans
before issuing a permit.

9.2. The County shall issue no-cost permits to the Community for any necessary
Project related work performed within County right-of-way.

9.3. The County shall issue no-cost traffic control permits to the Community for any
traffic control required as part of regular street light maintenance and operations
activities that will impact County roadway and traffic.

9.4 The County shall allow the Community perpetual access for operation and
maintenance of the streetlights.

Responsibilities of the Community:

10.1 The Community shall act as the lead agency for all aspects of the Project, including
but not limited to design, environmental clearance, utility relocation, permit
acquisition, and construction.

10.2 The Community shall design and construct the Project to meet or exceed County
standards. The streetlight design shall meet or exceed the most recent version of
the American Association of State Highway and Transportation Officials
(AASHTO) Roadway Lighting Design Guide.

10.3 The Community shall secure electrical power source and meet all requirements of
the utility providing power.

10.4 The Community shall provide the County with copies of design plans for review,
comment, and approval.

10.5 The Community shall apply to the County for no-cost permits for any necessary
Project-related work performed within County jurisdiction and follow all normal
County permitting procedures.

GRIC COUNCIL SECRETARY’S OFFICE

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10.6 The Community shall apply to the County for no-cost traffic control permits for any
operation and maintenance work that will impact County roadway or traffic.

10.7 The Community shall be solely responsible for all costs of the Project, including
but not limited to design, environmental clearance, utility relocation, permit
acquisition, and construction.

10.8 The Community shall assume all operation and maintenance responsibility and
associated liability for any and all streetlights installed in County right-of-way under
this Agreement.

GENERAL TERMS AND CONDITIONS

To the extent permitted by law, each Party will indemnify, defend and save the other Party
harmless, including any of the Party's departments, agencies, officers, employees, elected
Officials or agents, from and against all liability, loss, expense, damage or claim of any
nature whatsoever which is caused by any activity, condition or event arising out of the
performance or nonperformance by the indemnifying Party of any of the provisions of this
Agreement, including but not limited to injuries or death of persons or damages to or
destruction of property. In the event of an action, the damages which are the subject of
this indemnity shall include costs, expenses of litigation and reasonable attorney's fees.

This Agreement shall become effective as of the date it is executed by all the governing
bodies of the Parties and shall remain in full force and effect until all stipulations previously
indicated have been satisfied.

This Agreement may be amended only upon written Agreement by all Parties.
This Agreement is subject to the provisions of A.R.S. § 38-511.

The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:

15.1 Any contractor or subcontractor who is contracted by a Party to perform work on
the Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-
214(A) and shall keep a record of the verification for the duration of the employee's
employment or at least three (3) years, whichever is longer.

15.2 Any breach of the warranty shall be deemed a material breach of this agreement
of which breaching party may be liable for penalties including termination of the
agreement.

15.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor or
subcontractor is complying with the warranty above and that the contractor agrees
to make all papers and employment records of said employee available during
normal working hours in order to facilitate such an inspection.

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15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.

Any contractor or subcontractor who engages in for-profit activity and has 10 or more
employees, if the value of the contract is a minimum of $1,000,000, certify itis not currently
engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of
goods or services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.

Each Party warrants and certifies that no contractor or vendor under contract with the
Party to provide goods or services toward the accomplishment of the objectives of this
Agreement currently has, and for the duration of the contract will not, use:

1. the forced labor of ethnic Uyghurs in the People's Republic of China.

2. any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.

3. any contractors, subcontractors or suppliers that use the forced labor or any
goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China.

{if any Party becomes aware during the term of the Agreement that any contractor or
vendor is not in compliance with this paragraph, the Party shall notify the other Party within
five business days after becoming aware of the noncompliance. Failure of the Party to
provide a written certification that the contractor or vendor has remedied the
noncompliance within one hundred eighty (180) days after notifying the public entity of its
noncompliance, this Agreement shall terminate unless the Term of this Agreement shall
end prior to said one hundred eighty (180) day period.

it shalt be a material breach of this Agreement for a Party to fail to observe or perform any
of the material covenants, conditions or provisions of this Agreement, where such failure
shall continue for a period of thirty (30) days after the non-defaulting Party provides the
defaulting Party with written notice of such failure; provided, however, that such failure
shall not be a Defautt if the defaulting Party has commenced to cure the Default within
such thirty (30) day period and thereafter is diligently pursuing such cure to completion.
The total aggregate cure period shall not exceed ninety (90) days unless the Parties
otherwise agree in writing. In the event of Default, the non-defautting Party, at its option,
may terminate this Agreement without waiving any available remedies at law or in equity.

All notices required under this agreement to be given in writing shall be sent to:
County:

Maricopa County Department of Transportation

Attn: Intergovernmental Relations Branch

2901 W. Durango Street
Phoenix, Arizona 85009

GRIC COUNCIL SECRETARY’S OFFICE

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Community:

Gila River Indian Community
Attn: Lieutenant Governor
Post Office Box 97

Sacaton, Arizona 85147

All notices required or permitted by this Agreement or applicable law shall be in writing
and may be delivered in person (by hand or courier) or may be sent by regular, certified
or registered mail, or U.S. Postal Service Express Mail, with postage prepaid, and shall
be deemed sufficiently given if served in a manner specified in this paragraph. Either Party
may by written notice to the other specify a different address for notice. Any notice sent
by registered or certified mail, return receipt requested, shall be deemed given on the date
of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon.
if sent by regular mail, the notice shall be deemed given 72 hours after the notice is
addressed as required in this paragraph and maited with postage prepaid. Notices
delivered by United States Express Mail or ovemight courier that guarantee next day
delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service
or courier.

This Agreement does not imply authority to perform any tasks, or accept any responsibility,
not expressly stated in this Agreement.

This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.

This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement.

Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Gila River indian Community in such fiscal year. This Agreement may
be terminated by any Party at the end of any fiscal year due to non-appropriation of funds.

This Agreement shall be binding upon, and inure to the benefit of, the Parties and their
respective successors and assignees. Neither Party shall assign its interest in this
Agreement without the prior written consent of the other Party.

This Agreement and all Exhibits attached to this Agreement set forth all of the covenants,
promises, agreements, conditions, and understandings between the Parties to this
Agreement, and there are no covenants, promises, agreements, conditions or
understandings, elther oral or written, between the Parties other than as set forth in this
Agreement and those agreements which are executed contemporaneously with this
Agreement. This Agreement shall be construed as a whole and in accordance with its fair
meaning and without regard to any presumption or other rule requiring construction
against the party drafting this Agreement. This Agreement cannot be modified or changed
except by a written instrument executed by ail of the Parties. Each Party has reviewed this
Agreement and has had the opportunity to have it reviewed by tegal counsel.

GRIC COUNCIL SECRETARY’S OFFICE

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The waiver by any Party of any right granted to it under this Agreement is not a waiver of
any other right granted under this Agreement, nor may any waiver be deemed to be a
waiver of a subsequent right obtained by reason of the continuation of any matter
previously waived.

Wherever possible, each provision of this Agreement shall be interpreted in such a manner
as to be valid under applicable law, but if any provision shall be invalid or prohibited under
the law, such provision shall be ineffective to the extent of such prohibition or invalidation
but shall not invalidate the remainder of such provision or the remaining provisions.

Except as otherwise provided in this Agreement, all covenants, agreements,
representations, and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the expiration
or earlier termination of this Agreement for a period of one (1) year.

Nothing contained in this Agreement shall create any partnership, joint venture, or other
agreement between the Parties. Except as expressly provided in this Agreement, no term
or provision of this Agreement is intended or shall be for the benefit of any person or entity
not a party to this Agreement, and no such other person or entity shall have any right or
cause of action under this Agreement.

Time is of the essence concerning this Agreement. Unless otherwise specified in this
Agreement, the term “day” as used in this Agreement means calendar day. If the date for
performance of any obligation under this Agreement or the last day of any time period
provided in this Agreement falls on a Saturday, Sunday or legal holiday, then the date for
performance or time period shall expire at the close of business on the first day thereafter
which is not a Saturday, Sunday or legal holiday.

Sections and other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.

Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the governing bodies of the Parties
in such fiscal year.

This Agreement shall be construed as a whole and in accordance with its fair meaning
and without regard to any presumption or other rule requiring construction against the
party drafting this Agreement.

GRIC COUNCIL SECRETARY’S OFFICE

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This Agreement may be executed in two or more counterparts, each of which shalt be
deemed an original but all of which together shail constitute the same instrument. Electric
signatures are acceptable as original signatures.

The Parties will execute and/or deliver to each other such other instruments and
documents as may be reasonably necessary to fuifill the covenants and obligations to be
performed by such Party pursuant to this Agreement.

The venue for any claim arising out of or in any way related to this Agreement shall be
Maricopa County, Arizona.

This Agreement shall be governed by the laws of the State of Arizona.

End of Agreement - Signature Page Follows

Beast

GRIC COUNCIL SECRFTARV’s nctire

IN WITNESS WHEREOF, the Parties have executed this Agreement.

MARICOPA COUNTY
Recommended by:
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Clerk of the Board Date

APPROVAL OF DEPUTY COUNTY ATTORNEY

The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by the
undersigned Deputy County Attorney, who has determined that it is in proper form and within the
powers and authority granted to the Board of Supervisors under the laws of the State of Arizona.

Deputy County Attorney Date

GRIC COUNCIL SECRETARY’S OFFICE

IN WITNESS WHEREOF, the Parties have executed this Agreement.

GILA RIVER INDIAN COMMUNITY

Recommended by:

Date

Approved and Accepted by:

Stephen R. Lewis Date
Governor

APPROVAL OF COMMUNITY ATTORNEY

The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by
undersigned Counsel, who has determined that it is in proper form and within the powers and
authority granted to the Gila River Community Council under the laws of the State of Arizona.

Community Attomey Date

GRIC COUNCIL SECRETARY’S OFFICE