2023-03-21_SIGNED-MARICOPA-IGA-SAFFORD-TRAFFIC-SIGNALS.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF SAFFORD FOR COORDINATION OF ROADWAY STANDARDS RELATED TO PRIVATE DEVELOPMENTS (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 Safford, a municipal corporation (City). The County and City are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. A.R.S. Section 11-251(9) authorizes the County to sell or lease any county property to any other duly constituted governmental entity, including the state, cities, towns and other counties. 2. A.R.S. Sections 11-951 et. seq. authorizes public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorizes the City to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. BACKGROUND 4. The City has partnered with ADOT to administer a project on behalf of the City to widen 20th Avenue, addressed in a separate intergovernmental agreement (18- 0007192-I, between the City and the State. 5. The City is installing traffic signals on 20th Avenue at each end of the project area to support the added traffic impact (City’s Project). 6. The City is requesting assistance in the procurement of traffic signal parts and equipment (Purchased Equipment) for the City’s Project. In a partnering effort, the County has available and will exchange parts and equipment for the City’s Project at a cost to the City, as shown in Exhibit A. DocuSign Envelope ID: 96BAFF27-00C6-4A92-AB5F-CB0BCACEB935 7. The County represents and warrants that the Purchased Equipment has been procured in compliance with the County’s procurement rules. 8. The County shall transfer to the City any warranties related to the Purchased Equipment. PURPOSE OF THE AGREEMENT 9. The purpose of this Agreement is to authorize the Maricopa County Department of Transportation Director to sell and invoice the City of Safford for the Purchased Equipment. TERMS OF THE AGREEMENT 10. Responsibilities of the County: 10.1 To identify all parts and equipment available for purchase to the City including purchase costs, replacement costs, or replacement in-kind proposal by the City. 10.2 To coordinate directly with the City for the purchase and financial exchange of agreed-upon quantities and costs of the parts and equipment. 10.3 To invoice the City for the costs associated with the parts and equipment for the City’s Project, as shown in Exhibit A. 10.4 To coordinate pickup with the City or the City’s third-party delivery company from the County’s warehouse. 11. Responsibilities of the City: 11.1 To, within 30 days of receipt of an invoice from the County, pay to the County the costs associated with the parts and equipment for the City’s Project, as shown in Exhibit A. 11.2 To be responsible for the pickup and delivery of all parts and equipment purchased from the County. DocuSign Envelope ID: 96BAFF27-00C6-4A92-AB5F-CB0BCACEB935 GENERAL TERMS AND CONDITIONS 12. 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. 13. This Agreement shall become effective as of the date it is executed by the governing bodies of the Parties and shall remain in full force and effect until all stipulations previously indicated have been satisfied. 14. This Agreement may be amended only upon written Agreement by all Parties. 15. This Agreement is subject to the provisions of A.R.S. § 38-511. 16. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge that: 16.1 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. 16.2 Any breach of the warranty shall be deemed a material breach of this agreement of which the breaching party may be liable for penalties including termination of the agreement. 16.3 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. 16.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. DocuSign Envelope ID: 96BAFF27-00C6-4A92-AB5F-CB0BCACEB935 17. 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. 18. 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: 18.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 18.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 18.3 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. 19. 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. 20. 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 West Durango Street Phoenix, Arizona 85009 City of Safford Attn: Gabe Bowman 717 W. Main Street Safford, AZ 85548 DocuSign Envelope ID: 96BAFF27-00C6-4A92-AB5F-CB0BCACEB935 Either Party may by written notice to the other specify a different address for notice. 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 the 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 26. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows DocuSign Envelope ID: 96BAFF27-00C6-4A92-AB5F-CB0BCACEB935 IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Interim 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. Deputy County Attorney Date DocuSign Envelope ID: 96BAFF27-00C6-4A92-AB5F-CB0BCACEB935 2/22/2023 2/22/2023 EXHIBIT A POLES QUANTITY UNIT COST TOTAL COST TYPQ Q 7 $5,026.00 $35,182.00 TYPE J 1 $4,200.00 $4,200.00 TYPE A 16FT 1 $690.00 $690.00 TYPE PB 7 $386.00 $2,702.00 MAST ARMS 30FT 1 $3,034.00 $3,034.00 35FT 1 $3,692.00 $3,692.00 40FT 5 $4,033.00 $20,165.00 45FT 1 $4,546.00 $4,546.00 LUMINAIRE ARM 20FT 7 $587.00 $4,109.00 TOTAL $78,320.00 DocuSign Envelope ID: 96BAFF27-00C6-4A92-AB5F-CB0BCACEB935