IGALEASINGLANDIMPROVEMENTS_FINAL.DOCX (1).DOCX
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IGA FCD 2023A003
PAGE 1 OF 7
INTERGOVERNMENTAL AGREEMENT
Between
MARICOPA COUNTY
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the
LEASING AND LICENSING OF LAND AND IMPROVEMENTS
IGA 2023A003
Agenda Item _____________________
This Intergovernmental Agreement (Agreement) is entered into by and between Maricopa
County, a political subdivision of the State of Arizona, acting by and through its Board of
Supervisors, hereinafter called COUNTY, and the Flood Control District of Maricopa County, a
political subdivision of the State of Arizona, acting by and through its Board of Directors,
hereinafter called DISTRICT.
This Agreement shall become effective as of the date it has been executed by all parties.
STATUTORY AUTHORIZATION
1.
DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 483603, as revised, to
enter into this Agreement and has authorized the undersigned to execute this Agreement on
behalf of the DISTRICT.
2.
COUNTY is empowered by A.R.S. Section 11-251, as amended, and A.R.S. Section 11-933, et
seq, to enter into this Agreement and has authorized the undersigned to execute this
Agreement on behalf of the COUNTY.
BACKGROUND
3.
The DISTRICT owns property occupied by multiple COUNTY departments including Real
Estate, Office of Enterprise Technology, Department of Transportation, and Equipment
Services. DISTRICT and COUNTY permits the leasing or licensing of land and improvements
between DISTRICT and COUNTY when it contributes to the overall success of COUNTY
and DISTRICT strategic goals or initiatives.
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PURPOSE OF THE AGREEMENT
4.
The purpose of this Agreement is to document the responsibilities of DISTRICT and
COUNTY as they pertain to leasing or licensing land and improvements.
TERMS OF AGREEMENT
5.
DISTRICT agrees to
5.1 Lease or license DISTRICT owned land or improvements, as approved by DISTRICT, to
COUNTY.
5.2 Execute a SITE SPECIFIC AGREEMENT (SSA), as provided in Section 7 of this
Agreement, for each lease or license.
5.3 Invoice, or otherwise charge, COUNTY on a quarterly basis for the lease payment and
other expenses, as enumerated in this Section 5.
5.4 Pay for minor building maintenance, cleaning service, normal repairs, and provide for
utilities.
5.5 Invoice, or otherwise charge, the COUNTY for any maintenance or repairs caused by
special requests or negligence.
5.6 Provide network access for each workstation and manage and maintain all equipment
needed to access the network.
5.7 Allow the use of DISTRICT conference rooms on a first come first serve basis.
6.
The COUNTY, through the Departments Appointing Authority, as defined in County Policy
A1901, agrees to
6.1 Not authorize or request any modification to leased office space without the written
consent of the DISTRICT's Appointing Authority.
6.2 Ensure continuity of computer system operations within the building, not authorize or
request any modification or installation of computer systems, except stand-alone systems,
without the approval of the DISTRICT Appointing Authority.
IGA FCD 2023A003
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6.3 Not sublet or assign use of the leased space without written consent of the DISTRICT
Appointing Authority.
6.4 Forward any problems and/or complaints regarding the building, building components,
secured parking and/or service to the DISTRICT Appointing Authority for resolution.
6.5 Comply with before and/or after normal work hour building access and security rules.
6.6 Be responsible, through its Information Technology (IT) support group, for the overall
installation, operation and support of its owned personal computer workstations, printers
and peripherals, within the leased premises.
6.7 Comply with emergency evacuation and or fire evacuation rules as established by
DISTRICT.
6.8 Lease or license COUNTY owned land or improvements, as approved by COUNTY, to
DISTRICT and invoice, or otherwise charge, DISTRICT on a quarterly basis for the lease
payment and other expenses, as enumerated in this Section 5.
6.9 Execute a SITE SPECIFIC AGREEMENT (SSA), as provided in Section 7 of this
Agreement, for each lease or license.
7.
DISTRICT and COUNTY will enter into a SITE SPECIFIC AGREEMENT for each leased or
licensed property. The SSA shall include the location and description of the premise, costs,
term and other relevant information.
8.
To administratively handle new lease/license requests and changes to existing DISTRICT or
COUNTY leases/licenses, the DISTRICT Appointing Authority and the requesting
Department Appointing Authority may enter into or modify an SSA for the use of DISTRICT
or COUNTY land or improvements without Board action. This Agreement may be entered or
amended in writing by both parties or terminated upon 30 days written notice by any of the
Appointing Authorities.
9. The parties to this Agreement have chosen attorneys employed by the Civil Services Division
of the Maricopa County Attorney’s Office (Civil Services Division) to act as their attorneys to
review this Agreement. In so doing, by their signature below, each party acknowledges that it
IGA FCD 2023A003
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is aware that the Civil Services Division will represent both parties to this Agreement, and each
party expressly waives any conflict created thereby.
10. This Agreement and individual SSAs constitute the entire agreement between the parties
hereto and no prior representation or discussion not contained herein shall be binding on them.
This Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511.
IGA FCD 2023A003
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Michael Fulton
Date
Director
Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement FCD 2023A003 has been reviewed pursuant to
Arizona Revised Statutes 11-952, as amended, by the undersigned General Counsel, who has
determined that it is in proper form and within the powers and authority granted to the Flood
Control District of Maricopa County under the laws of the State of Arizona.
Flood Control District General Counsel
Date
IGA FCD 2023A003
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IGA FCD 2023A003
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REAL ESTATE DEPARTMENT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Alex Smith
Date
Director
ACCEPTED BY:
MARICOPA COUNTY,
a political subdivision of the State of Arizona
By: Clint Hickman
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy County Attorney