2. AGMT IGA: Town of Wellton - Standard Plans

Exhibit A
INTERGOVERNMENTAL AGREEMENT
Between the City of Yuma, Arizona and the Town of Wellton, Arizona
This INTERGOVERNMENTAL AGREEMENT (this “Agreement’”) is entered this
day of , 2026 (“Effective Date”) by and between the City of Yuma, Arizona
_
(“City”), an Arizona municipal corporation, and the Town of Wellton, Arizona (the “Participating
Jurisdiction”), an Arizona municipal corporation. The City and the Participating Jurisdiction are
sometimes hereafter referred to individually as the “Party” and collectively as the “Parties.”
WHEREAS, the Parties are authorized pursuant to A.R.S. § 11-952 et seq. to enter into
intergovernmental agreements for the joint exercise of powers common to the Parties; and
WHEREAS, the City has contracted with Thompson Design Architects PC (the
“Consultant”) to develop a set of pre-approved Residential Standard Plans (“Plans”) as required
by A.R.S. § 9-461.20; and
WHEREAS, the Plans include designs for Accessory Dwelling Units (ADUs), single-
family, two-family, and three-family residential units, prepared in accordance with the 2024
International Residential Code (IRC) and 2024 International Building Code (IBC); and
WHEREAS, the City’s contract with the Consultant (1) assigns all copyrights and
intellectual property rights in the Plans to the City and (2) requires all users of the Plans to release
and indemnify the City and the Consultant from all claims arising from the use of the Plans; and
WHEREAS, the City disclaims all warranties and persons desiring a warranty related to
the Plans must purchase the warranty directly from the Consultant; and
WHEREAS, the Participating Jurisdiction desires to make the Plans available for use to
residents within the Participating Jurisdiction; and
WHEREAS, the City is willing to make the Plans available to residents within the
Participating Jurisdiction in exchange for compensation and subject to the terms and conditions
set forth herein.
NOW THEREFORE, the Parties agree as follows:
l. Purpose. The purpose of this Agreement is to establish the terms under which the
Participating Jurisdiction may make the Plans available for use to residents within the Participating
Jurisdiction.
2. Scope of Use. The City grants to the Participating Jurisdiction a non-exclusive,
non-transferable revocable license to use the Plans solely for governmental purposes, including
plan review, permitting, and construction within its jurisdiction.
The Participating Jurisdiction shall not sell, sublicense, distribute, or otherwise provide the
Plans to third parties, except as necessary for applicants seeking permits within the Participating
Jurisdiction.

Use of the Plans shall be limited to projects that comply with all applicable local
regulations, zoning requirements, and development standard of the Participating Jurisdiction.
3. Compensation. In consideration for the use of the Plans, the Participating
Jurisdiction shall pay the City $1,502.60. This is a one-time fee determined based on the most
recent population estimates published by the State of Arizona, as depicted in Exhibit A.
4. Term and Termination. This Agreement shall remain in effect for six years after
the Effective Date or until one year after the adoption of a new building code by the City,
whichever occurs later. Either Party may terminate this Agreement for any reason upon 90 days
written notice to the other Party. If the City terminates this Agreement without cause prior to the
expiration of the term, the City shall refund one sixth of the compensation fee for each year
remaining in the unexpired term. If the Participating Jurisdiction terminates this Agreement
without cause, no refund of any portion of the compensation fee is due.
Either party may cancel this Agreement without further obligation for conflict of interest
pursuant to A.R.S. § 38-511.
5. Plan Updates and Limitations. The City disclaims all warranties and does not
guarantee the Plans comply with state statutes or will remain compliant with future statutes, code
updates, local amendments, or site-specific conditions. The Participating Jurisdiction
acknowledges that the Participating Jurisdiction is responsible for verifying compliance with state
Statutes, its own local codes and regulations prior to approval or issuance of permits.
6. Indemnification. To the fullest extent permitted by law, the Participating
Jurisdiction agrees to indemnify, defend, and hold harmless the City, its officers, employees, and
agents (including the Consultant) from and against any and all claims, demands, damages, losses,
and liabilities to the extent arising out of or related to the use of the Plans by a resident of the
Participating Jurisdiction.
Prior to making the Plans available for use by any resident of the Participating Jurisdiction,
the Participating Jurisdiction shall require such resident to release and indemnify the City and the
Consultant against all claims arising from the use of the Plans by the Participating Jurisdiction.
The City and the Consultant shall not be liable for any site-specific design issues,
construction defects, or misuse of the Plans.
7. No Warranty. The Plans are provided “as-is” without any warranties, express or
implied, including but not limited to fitness for a particular purpose. Prior to making the Plans
available for use by any resident of the Participating Jurisdiction, the Participating Jurisdiction
shall notify such resident that the City disclaims all warranties related to the Plans and the resident
must negotiate and purchase any desired warranty related to the Plans directly from the Consultant.

8. Compliance with Laws. Each Party shall comply with all applicable federal, state,
and local laws, regulations, and ordinances in the performance of this Agreement.
9. Records and Audit. The Parties shall maintain records related to this Agreement
in accordance with the Arizona public records laws and applicable retention schedules.
CITY OF YUMA, ARIZONA TOWN OF WELLTON, ARIZONA
By:
John D. Simonton Michelle Jones
City Administrator Mayor
Attested: Attested:
Richard March
Janet L. Pierson Richard Marsh
City Clerk Town Clerk
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who have
determined that this contract is in appropriate form and within the powers and authority granted to
respective public body.
Attorney for the City of Yuma Attomey for the Town of Wellton
[ey ee oe
Richard W. Files Timothy A. Stratton
City Attorney Town Attorney

Exhibit A
Population Compensation
Jurisdiction Population Percentage Amount
City of Yuma 104,263 46% $69,119.60
Yuma County 59,007 27% $40,570.20
City of San Luis 41,409 19% $28,549.40
City of Somerton 14,793 7% $10,518.20
Town of Wellton 2,653 1% $1,502.60
Population: 222,125 real ene