2. AGMT IGA: Yuma County, Ave B, 16th St to 1st St.

INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF YUMA AND YUMA COUNTY
FOR THE CONSTRUCTION OF
AVENUE B PAVEMENT REPLACEMENT 16TH STREET TO 1ST STREET
This Intergovernmental Agreement (“Agreement”) is entered into by and between the City of
Yuma, Arizona, a municipal corporation of the State of Arizona (“City”) and Yuma County, a
political body of the State of Arizona (“County”). County and City are sometimes hereafter
referred to collectively as the “Parties.”
RECITALS
WHEREAS, A.R.S. § 11-251 and A.R.S. § 11-951 et seq. authorize the County to enter into this
Agreement, and A.R.S. § 11-951 et seq. and the City’s Charter authorize the City to enter into this
Agreement; and
WHEREAS, a public need exists for pavement rehabilitation on Avenue B between City 16th
Street and City 1st Street, an area mostly within the City limits of the City, as depicted on the map
contained in Exhibit “A” attached hereto and incorporated as though fully set forth herein, (the
“Project”), and
WHEREAS, the Parties have agreed that the completion of the Project is necessary for public
safety and welfare, and desire to cooperate in the completion of the Project; and
WHEREAS, it is to the mutual benefit of the City and the County to enter into this Agreement for
the construction of the Project.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the Parties
agree as follows:
1. Purpose. The purpose of this Agreement is to provide funding for the construction of the
Project which is a benefit for the City and the County.
2. Duration. This Agreement shall become effective on the date it is fully executed by the
City and the County and shall continue until the Project has been completed and accepted in writing
by the City and the County.
3. Design. The Project shall be designed by the City and their consultant in accordance with
State, City, and County requirements.
4. Right-of-Way Acquisition. The City and the County presently own adequate right-of-way
to construct the Project.
5. Project Financing. The Project design costs and other costs associated with development
of the Project are to be borne by the City. The estimated total Project construction costs are
$3,317,695.00. Project construction costs for pavement rehabilitation and related costs are to be
paid 75.6% by the City and 24.4% by the County (As shown in Exhibit “A”). The estimated Project
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construction costs will be adjusted to actual costs at the stated percentages following the
completion of the Project.
6. Obligations of the Parties.
A. City Obligations.
1. The City shall provide all funding for Project design costs.
2. The City shall provide a Project design plan to the County for review and approval
before finalization.
3. The City shall provide 75.6% of the funding for pavement rehabilitation and
associated costs of construction of the Project.
4. At the completion of the Project, invoice the County for its portion of costs of the
Project.
B. County Obligations
1. The County shall provide timely reviews and provide comments on the Project
design plans and shall not unreasonably withhold approval of the plan.
2. The County shall provide the City, its agents and/or contractors, at no cost, the right
to enter County’s right-of-way as required to conduct any and all preconstruction
and construction related activities for the Project, including without limitation
temporary construction easements or rights of entry.
3. The County shall provide 24.4% of the funding for pavement rehabilitation and
associated costs of construction of the Project.
4. Upon receipt of invoice from the City, the County shall pay such invoice within 30
days of receipt if there are no discrepancies.
7. Ownership and Maintenance. Upon completion of the Project, the City and the County
will each be responsible for maintaining the portions of the Project within its jurisdiction. This
maintenance obligation shall survive the termination of this Agreement.
8. Authorization. The governing bodies of the City and the County approved this Agreement
and authorized and directed the undersigned to execute this Agreement.
9. Conflict of Interest. This Agreement is subject to the conflict-of-interest provisions of
A.R.S. § 38-511, as amended, the provisions of which are incorporated herein.
10. Termination. This Agreement shall terminate upon the completion of the Project or upon
written agreement between the Parties, whichever occurs first.
11. Compliance with Law. The County and the City will comply with all Federal, State, and
Local Laws and Ordinances applicable to its performance under this Agreement.
12. Attorney Fees and Costs. If an action or proceeding is brought for failure to observe any
of the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable
attorney fees and costs as determined by the court.
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13. Severability. If any provision of this Agreement is determined to be void or unenforceable,
such determination shall not affect the remainder of this Agreement, which shall continue to be
enforceable.
14. Integration. This Agreement contains the entire agreement between the Parties, and no oral
or written statements, promises, or inducements made by the City or the County, or its agents not
contained or specifically referred to in this Agreement is valid or binding. All modifications to this
Agreement must be in writing, signed and executed by the Parties.
15. No Partnership. Nothing in this Agreement constitutes a partnership or joint venture
between the Parties, and neither the City nor the County is the principal or agent of the other.
16. Hold Harmless/Indemnification Clause. Each party (as “indemnitor”) agrees to indemnify,
defend and hold harmless the other party (as “indemnitee”) from and against any and all claims,
losses, liability, costs or expenses (including reasonable attorney’s fees) (hereinafter collectively
referred to as “claims”) arising out of the act, omission, negligence, misconduct, or other fault of
the indemnitor, its officers, officials, agents, employees, or volunteers.
17. Notices. All notices or demands upon the City or County to this Agreement shall be in
writing and all shall be delivered in person or sent by certified mail addressed as follows:
City of Yuma Yuma County Dept. of Engineering
City Engineer County Engineer
155 W. 14th Street 2351 W. 26th Street
Yuma, Arizona 85364 Yuma, Arizona 85364
18. Employment Eligibility. The City and the County warrant and shall require all
subcontractors to warrant compliance with all federal immigration laws, regulations that relate to
employees, and A.R.S. § 23-214 relating to the verification of employment eligibility. A breach of
this warranty shall be deemed a material breach of the Agreement and is subject to penalties up to
and including termination of this Agreement. The Parties retain the legal right to inspect the
citizenship documents of any Party to ensure that the other Party or its subcontractors are
complying with the warranty.
19. Third-Party Beneficiaries. The terms of this Agreement are intended only to define the
respective rights and obligations of the Parties. Nothing expressed herein shall create any rights or
duties in favor of any potential third-party beneficiary or other person, agency, or organization.
Nothing expressed herein shall affect the legal liability of either the City or County to this
Agreement by imposing any standard of care different from the standard of care imposed by law.
20. Assignment. This Agreement is not assignable without the mutual written consent of both
Parties.
21. Applicable Law; Venue. Any action to enforce any provision of this Agreement or to
obtain any remedy with respect to this Agreement shall be brought exclusively in the Superior
Court, Yuma County, Arizona (or, as may be appropriate, in the United States District Court for
the District of Arizona, if, and only if, the Superior Court lacks jurisdiction over such action). The
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Parties expressly and irrevocably consent to the exclusive jurisdiction and venue of such courts
and expressly waive the right to transfer or remove such action.
22. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of
which shall be deemed an original as against the City or County signing such counterpart, but
which shall constitute one and the same instrument.
23. Insurance. Each Party acknowledges and agrees that the other Party is self-insured.
IN WITNESS WHEREOF, this Agreement has been executed on the dates and year below.
DATE: , 2026 DATE: , 2026
CITY OF YUMA YUMA COUNTY
John D. Simonton Martin Porchas, Chairman
City Administrator Board of Supervisors
ATTEST: ATTEST:
_________________________
Lynda Bushong Desiree Philipps
City Clerk Yuma County Clerk of the Board
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Pursuant to A.R.S. § 11-952, the foregoing Agreement has been submitted to the undersigned City
Attorney for the City of Yuma, Arizona. The undersigned has determined this Agreement is in
proper form and is within the powers and authority granted under the laws of the State of Arizona
and City Charter to the City of Yuma.
Richard W. Files, City Attorney
Pursuant to A.R.S. § 11-952, the foregoing Agreement has been submitted to the undersigned
County Attorney for Yuma County, Arizona. The undersigned has determined this Agreement is
in proper form and is within the powers and authority granted under the laws of the State of Arizona
to Yuma County.
Kesia Morrison, Deputy County Attorney, Civil Division
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EXHIBIT "A"
1st Street
1,305'
1,751'
YUMA COUNTY
CITY OF YUMA
6th Street
B
Avenue
2,381'
8th Street
Avenue
Date YUMA COUNTY
10th Street 275'
Avenue
14th
CITY OF YUMA
12th Street
2,635'
CITY OF YUMA
YUMA COUNTY 329' 50% COY YUMA COUNTY
329' 50% YC
15th Street
Yuma County-2,355' (24.4%)
640'
City of Yuma-7,290' (75.6%)
Total-9,645' (100%)
16th Street
PROJECT VICINITY MAP
AVENUE B PAVEMENT REPLACEMENT, 16TH STREET to 1ST STREET