2. AGMT IGA: City of Somerton - Standard Plans

Intergovernmental Agreement 
Between the City of Yuma and the City of Somerton, Arizona
				
	This intergovernmental agreement (“Agreement”) is entered this ________ day of ___________, 2026, (“Effective Date”) by and between the City of Yuma (“City”), an Arizona municipal corporation, and the City of Somerton, 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:

1.	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 $10,518.20.  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 within the Participating Jurisdiction. 

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.    

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
City of Somerton

By: ____________________________

By: _____________________________
      John D. Simonton
Lizandro Galaviz
      City Administrator, City of Yuma
City Manager, City of Somerton


Attested:
Attested:


________________________________
________________________________
Janet L. Pierson
Andrea Moreno
City Clerk
City 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 City of Yuma			Attorney for City of Somerton

						
	_________________________			_________________________
	Richard W. Files					Trish Stuhan
      City Attorney					City Attorney





Exhibit A

Jurisdiction
Population
Population Percentage
Compensation 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

Total Population
222,125
Project Total
$150,260