2023-03-21_IGA-BETWEEN-COM-AND-MARICOPA-COUNTY-RE-ANNEXATION-OF-R-W-BY-CITY-FOR-MONTEREY-PARK-EXPANSION.PDF
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yy‘ N mesa az OFFICE OF THE CITY CLERK Certificate of CITY CLERK Il, HOLLY MOSELEY, THE DULY APPOINTED, QUALIFIED AND ACTING CITY CLERK OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF MESA FOR THE MONTEREY PARK EXPANSION PROJECT RESOLUTION NO. 12006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ly1ESA, MARICOPA COUNTY, ARIZONA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF MESA FOR THE MONTEREY PARK EXPANSION PROJECT IS A TRUE, CORRECT AND COMPARED COPY OF THE ORIGINAL OF RECORD, AND ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MESA, ARIZONA. IN WITNESS WHEREOF, | HAVE HEREUNTO SET MY HAND AND SEAL OF THE CITY OF MESA, MARICOPA COUNTY, STATE OF ARIZONA, THIS 2° DAY OF MARCH 2023. JtotlnMorhe., HOLLY MOSELEY a CITY CLERK RESOLUTION No. fa ODG A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, ARIZONA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF MESA FOR THE MONTEREY PARK EXPANSION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY, AS FOLLOWS: Section 1: Approving the Intergovernmental Agreement between Maricopa County and the City of Mesa (City), which identifies the responsibilities of Maricopa County and the City for permitting and annexation of Power Road from Baseline Road to Guadalupe Road. Section 2: That the City Manager, Christopher J. Brady, or his designated representative, is authorized and directed to execute the agreement on behalf of the City of Mesa, and the City Clerk is authorized and directed to attest to the signature of the City Manager or his authorized designated representative thereon. PASSED AND ADOPTED by the City Council of the City of Mesa, Maricopa County, Arizona, this 27th day of February, 2023. ATTEST: City aoe 3 o DocuSign Envelope ID: F1SBFD48-053B-4C 10-9977-EDD9B1DBC8B1 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF MESA FOR THE PERMITTING AND ANNEXATION OF POWER ROAD FROM BASELINE ROAD TO GUADALUPE 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 City of Mesa, an Arizona municipal corporation (City). The County and City are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§ 28-6701 et seq., to lay out, maintain, control, and manage public roads within the County. 2. 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. 3. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et seq., to lay out and establish, regulate, and improve streets within the City and to enter into this Agreement. BACKGROUND 4. The City is currently constructing Monterey Park (CP0914) which is adjacent to Power Road. 5. On September 20, 2006, the County, City, and the Town of Gilbert entered into an Intergovernmental Agreement (C-64-07-210-0-00) for the Improvements to Power Road from Guadalupe Road to Baseline Road (2006 IGA). 6. As part of the terms of the 2006 IGA, the City was required to annex the right-of-way and improvements associated with the project which was completed in 2008. As a result of the annexation not being completed, the City is required to obtain the County's authorization to work within the County's right-of-way. 7. The City will apply for right-of-way permits to construct the driveway access points to their project and begin the annexation process for the entire width of the County right-of-way of Power Road from Guadalupe Road to Baseline Road upon execution of this Agreement. (Project). PURPOSE OF THE AGREEMENT 8. The purpose of this Agreement is to identify and define the responsibilities of the County and the City for permitting and annexation of Power Road from Baseline Road to Guadalupe Road. DocuSign Envelope ID: F19BFD48-053B-4C 10-9977-EDD9B1DBC8Bi 10. 11. 12. 13. 14. 15. TERMS OF THE AGREEMENT Responsibilities of the County: 9.1 Shall not have a financial contribution towards the Project. 9.2 Shalt not review or be responsible for the preparation of plans or be liable for design deficiencies, traffic control, construction, or inspection approvals upon the execution of this Agreement. Responsibilities of the City: 10.1. Design and construct the new access points to City standards. 10.2. Upon execution of this Agreement, complete the annexation of the entire width of the right-of-way of Power Road from Baseline Road to Guadalupe Road. 10.3. Be financially responsible for all Project costs associated with permitting, annexation, and the time dedicated by their staff as it relates to this Project. 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. DocuSign Envelope ID: F19BFD48-053B-4C10-9977-EDD9B1DBC8B1 16. 17. 18. 19. 15.2 Any breach of the warranty shall be deemed a material breach of this agreement of which the breaching party may be liable for penaities 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 ail papers and employment records of said employee available during normal working hours to facilitate such an inspection. 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 it is 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: 15.1 the forced labor of ethnic Uyghurs in the People's Republic of China. 15.2 any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 15.3 any contractors, subcontractors, or suppliers that use 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 of 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 before or to said one hundred eighty (180) day period. It shall 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 Default 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-defaulting Party, at its option, may terminate this Agreement without waiving any available remedies at law or in equity. OccuSign Envelope ID: F19BFD48-053B8-4C 10-9977-EDD9B1DBC8B1 20. 21. 22. 23. 24. 25. 26. All notices required under this agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Relations Branch 2901 W. Durango Street Phoenix, Arizona 85009 City of Mesa Attn: City Manager P.O. Box 1466 Mesa, Arizona 85211 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 or certified mail or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery service performed with receipt. Any notice sent by 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 mailed with postage prepaid. Notices delivered by United States Express Mail or overnight delivery service that guarantees next-day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier for delivery. 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. 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. Except as otherwise provided in this Agreement, all covenants, agreements, representations, and warranties outlined in this Agreement 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. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Electric signatures are acceptable as original signatures. DocuSign Envelope ID: F19BFD48-053B-4C 10-9977-EDD9B1DBC8B1 27. The Parties will execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such Party pursuant to this Agreement. 28. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 29. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows DocuSign Envelope ID: Fi9BFD48-053B-4C 10-9977-EDD9B1DBC8B1 IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF MESA Approved and Accepted by: C fad safes ChriStophef J. Brady / Date City Manager Attest by: APPROVAL OF CITY ATTORNEY t hereby state that | have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the City of Mesa by their respective governing body under the laws of the State of Arizona. vy) 1 LA | ‘Ss hi4lt 3 @ity Attorney Date DocuSign Envelope ID: F19BFD48-053B-4C 10-9977-EDD9B1DBC8B1 IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: DocuSigned by [ sani Tee 1/23/2023 Jennifer Toth, P.E. Date Transportation Director Approved and Accepted by: Chairman Date Board of Supervisors Attest by: 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. DocuSigned by: | Wayne Puk 1/23/2023 Deputy County Attorney Date