IGA WITH COP DOT SC SEGMENT 1.PDF

WHEN RECORDED MAIL TO:
Maricopa County Parks and Recreation
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
CITY OF PHOENIX
C-30-21-____-X-00
CITY # _____________
THIS INTERGOVERNMENTAL AGREEMENT, hereinafter referred to as “IGA" or "AGREEMENT,” is made and
entered into between Maricopa County, a political subdivision of the State of Arizona, hereinafter referred to as the
“COUNTY,” and the City of Phoenix, a municipal corporation, hereinafter referred to as the “CITY,” together
hereinafter referred to as the “PARTIES” or individually as a “PARTY.”
WITNESSETH
RECITALS
WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT pursuant to A.R.S.
§ 11-951 et seq.; and
WHEREAS, the COUNTY, through its Parks and Recreation Department, provides recreational
opportunities and programs to the public; and
WHEREAS, the CITY, through its Street Transportation Department, provides bicycle and pedestrian routes
to the public within the corporate limits of the CITY; and
WHEREAS, the Sun Circle Trail Segment 1 (“TRAIL”) was established by the COUNTY in 1964 along a
route which followed the bed of the Agua Fria River in the west valley; however, no land rights were obtained to
allow the TRAIL to continue to exist on that alignment; and
WHEREAS, over the years, mining operations and the Flood Control District of Maricopa County have
obtained property rights and/or modified the land in a manner that prevents users from following the original TRAIL
route; and
WHEREAS, in an effort to continue the multi-modal portion of the TRAIL, and establish trail connections
to the City of Glendale on the north and the City of Avondale on the south, the COUNTY desires to partner with the
CITY to re-route the TRAIL to the location depicted on Exhibit A, which is attached hereto and made a part hereof,
onto an alignment that is already improved with an established trail that is part of the CITY’s pathway system (“Shared
Use Path”); and
WHEREAS, re-alignment of the TRAIL provides an alternative transportation route through the west valley
communities, including the CITY; and
WHEREAS, the PARTIES desire to enter into this IGA to set forth each PARTY’S understandings and
agreements related to the TRAIL realignment within the CITY’S jurisdiction.
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, receipt
and sufficiency of which is hereby acknowledged, and mutual promises and agreements of the PARTIES herein, it is
agreed as follows:
TERMS AND CONDITIONS
1. INCORPORATION OF RECITALS
The Recitals, by this reference, are hereby incorporated into this AGREEMENT.
2. PERMITTED USE
The CITY hereby grants the COUNTY the right to co-locate its TRAIL alignment onto the CITY’S existing six (6) to
ten (10) foot wide Shared Use Path that is located within the CITY’S right of way adjacent to the east side of North
Ball Park Boulevard from the West Bethany Home Road alignment to a point near the northernmost tip of the real
property, which at the time of the execution of this AGREEMENT, is known as Assessor Parcel Number 102-59-
019, where the TRAIL crosses over North Ball Park Boulevard and continues to traverse along the Shared Use Path
adjacent to the west side of North Ball Park Boulevard south to West Camelback Road, and then meanders in and out
of the CITY’S right of way, and Public Use Easements dedicated to the public over common area lands owned by the
Camelback Ranch Community Association, along the west side of North 111th Avenue from West Camelback Road
to West Indian School Road (“Permitted Use”). The realigned portion of the TRAIL is located in Sections 18 and 19,
Township 2 North, Range 1 East, Gila and Salt River Base and Meridian (G&SRB&M) and the route is depicted on
Exhibit A.
3. RESPONSIBILITIES
A. The COUNTY will:
1) Provide, install, and maintain a sign stating “Sun Circle Trail” on CITY sign posts along the
TRAIL alignment within Sections 18 and 19 as depicted on Exhibit A.
2) Post maps on the Maricopa County Parks website designating the co-located TRAIL segment.
3) Initiate discussions, create agreements, and request required approvals in an effort to obtain
land use rights from: (1) the City of Glendale to the north for the necessary connection to the
existing TRAIL route located north of West Bethany Home Road; and (2) the City of Avondale
to the south for the continuation of the TRAIL south of West Indian School Road.
4) Subject to required approvals and in COUNTY’S sole discretion, review the possibility of
partnering with and/or supporting the CITY in future efforts to secure funding for TRAIL
improvements.
B. The CITY will:
1) Ensure that the TRAIL segment within the CITY’S corporate boundaries remains open for
public use. Portions of the TRAIL may be temporarily closed to conduct maintenance
activities or if the conditions of the TRAIL may endanger the public’s health and safety.
2) Include the name of the TRAIL in CITY publications describing and depicting the CITY’s
Shared Use Path system and within other relevant CITY plans.
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3) Operate the TRAIL within the CITY'S corporate boundaries; TRAIL maintenance within the
CITY’S corporate boundaries may be provided by others, pursuant to agreement(s) entered in
by the CITY in its sole discretion.
4) Provide emergency services, as defined by the current policies and agreements of the CITY,
as modified from time-to-time in the sole discretion of the CITY, as needed along the TRAIL
within the CITY’s corporate boundaries.
5) Encourage and support, through future funding opportunities as they become available, any
improvements to the surfacing along the TRAIL.
4. ADMINISTRATIVE ACTIONS
As this AGREEMENT may require administrative action from time to time to carry out the intent of the
AGREEMENT, the COUNTY’s Director of Parks and Recreation and CITY’s Street Transportation Director, or their
designees, are hereby given the authority and charged with the responsibility for proper administration of this
AGREEMENT, whether or not specific authority is granted in any provision of this AGREEMENT.
5. TERM OF AGREEMENT
The term of this AGREEMENT shall begin on the date of execution of the AGREEMENT by all PARTIES and shall
continue until terminated by either PARTY as provided herein.
6. TERMINATION
This AGREEMENT may be terminated by:
A. Either PARTY:
1) For any reason or for no reason by giving written notice as required under Section 13 hereinafter
at least thirty (30) days prior to the effective date of said termination; or
2) At the end of any fiscal year due to non-appropriation of funds without any penalty or liability
to either PARTY. Each PARTY agrees to use its best efforts to give notice of such termination
to the other PARTY at least thirty (30) days prior to the end of its then-current fiscal period.
Termination in accordance with this provision will not constitute a breach of this
AGREEMENT by the COUNTY or CITY. Neither PARTY shall be entitled to any
compensation, damages or other remedy from the COUNTY or CITY if this AGREEMENT is
terminated pursuant to the terms of this section.
B. Upon termination of this AGREEMENT, the COUNTY shall remove any equipment or other
personal property it owns that is used in performance of this AGREEMENT from the TRAIL and:
1) COUNTY shall: (1) remove any COUNTY signs from the Shared Use Path; (2) leave the
Shared Use Path in a clean and safe condition, normal wear and tear excepted; and (3) remove
the alignment from the Maricopa County Parks and Recreation website and Park maps for the
TRAIL.
2) CITY shall remove any reference to the TRAIL from any CITY published materials depicting
the portion of the Shared Use Path within the alignment set forth in Section 2 of this
AGREEMENT.
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7. ASSIGNMENT AND DELEGATION
Neither PARTY may assign any rights hereunder without the express written prior consent of the other PARTY.
8. DISPUTES
This AGREEMENT shall be subject to arbitration as may be required by A.R.S. § 12-1518. A notice of a dispute
must be provided in writing to the other PARTY and provide a summary of the issue that is the subject of the dispute.
A. The PARTIES shall confer within thirty (30) days of receipt of a notice of dispute to resolve the
dispute and/or decide, within ten (10) days after conferring, on a mutually acceptable arbiter. If a
mutually acceptable arbiter cannot be agreed upon within thirty (30) days after conferring, the
PARTIES agree that each PARTY shall name one (1) arbiter and those two (2) arbiters shall select
a third arbiter. Any decisions made shall be made by a majority of the panel of three arbiters.
B. If any PARTY decides to proceed to arbitration in lieu of terminating this Agreement, arbitration
shall be binding. The cost of any arbitration shall be shared equally by the PARTIES.
9. CONFLICT OF INTEREST
The PARTIES acknowledge that this AGREEMENT is subject to A.R.S. § 38-511, the provisions of which are
incorporated herein by this reference, and may be canceled by either PARTY pursuant thereto without any penalty or
liability to the other PARTY.
10. ENTIRE AGREEMENT
This AGREEMENT, together with any exhibits attached hereto and any agreements executed contemporaneously
herewith, constitutes the entire agreement of the PARTIES hereto. There are no representations or provisions other
than those contained herein. This AGREEMENT shall not be amended or modified, in any manner, except by an
instrument in writing, signed by the PARTIES hereto.
The PARTIES agree to act in good faith and with fair dealing with one another in the execution, performance, and
implementation of the terms and provisions of this AGREEMENT. Whenever the consent, approval or other action
of a PARTY is required under any provision of this AGREEMENT, such consent, approval or other action shall not
be unreasonably withheld, delayed or conditioned by a PARTY unless the provision in question expressly authorizes
such PARTY to withhold or deny consent or approval or decline to take action in accordance with a different standard,
in which case the consent or approval or the decision to not take action may be withheld, delayed or conditioned in
accordance with the different standard.
11. INVALIDITY OF PART OF THIS AGREEMENT
The PARTIES agree that should any part of this AGREEMENT be held to be invalid or void, the remainder of the
AGREEMENT shall remain in full force and effect and shall be binding upon the PARTIES.
12. VENUE; GOVERNING LAW
The proper venue for any proceeding at law or in equity or under the provisions for dispute resolution/arbitration shall
be Maricopa County. This AGREEMENT shall be construed under the laws of the State of Arizona and incorporates
by reference, all laws governing the interagency agreements and mandatory contract provisions of State agencies
required by statute or executive order.
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13. NOTICES
All notices under this AGREEMENT, including request for reimbursement, and payments on such requests shall be
in writing, emailed, mailed by U.S. Postal Service, postage prepaid, or delivered to the PARTY to receive such notice,
and shall be sent to the following individuals:
For the CITY: Mr. Kini L. E. Knudson, Director
Street Transportation Department
City of Phoenix
200 West Washington Street, 6th Floor
Phoenix, AZ 85003
602-262-6011
Email: kini.knudson@phoenix.gov
For the COUNTY: Mr. Richard J. Cardin, Director
Maricopa County Parks and Recreation Department
41835 North Castle Hot Springs Road
Morristown, AZ 85342
(602) 506-9500
Email: rjcardin@mail.maricopa.gov
With a copy to: Maricopa County Real Estate Department
Attn: Director
2801 W. Durango Street
Phoenix, Arizona 85009
Any PARTY may change the address to which notices, including request for reimbursement, and payments hereunder
are to be delivered by giving the other PARTY notice in the manner herein set forth.
14. COMPLIANCE WITH NON-DISCRIMINATION LAWS
The PARTIES agree to comply with all applicable state and federal laws, rules, regulations and executive orders
governing equal employment opportunity, non-discrimination, and affirmative action in the exercise of their respective
rights and responsibilities set forth in this AGREEMENT.
15. EXHIBITS
All exhibits attached to and referenced in this AGREEMENT are by this reference incorporated herein.
16. WAIVER
No waiver by any PARTY of a breach of this AGREEMENT will be construed as a waiver of any succeeding breach
of the same or any other covenant of this AGREEMENT. No delay exercising any right granted by this AGREEMENT
will constitute a waiver of that right.
17. INDEMNIFICATION
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 negligent performance of this AGREEMENT, but
only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee are caused by the
act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or
volunteers.
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Each Party must use its best efforts to cause all contractors (each an “Additional Indemnitor”) to indemnify, defend,
save and hold harmless the other Party from and against any and all Claims caused, or alleged to be caused, in whole
or in part, by the negligent or willful acts or omissions of the Additional Indemnitor [and persons for whom they are
vicariously liable].
18. INSURANCE
COUNTY and CITY acknowledge and agree that the PARTIES to this AGREEMENT are each self-insured. During
the entire time that this AGREEMENT is in force, each PARTY, at its sole cost and expense, shall carry and maintain
levels of Commercial General Liability, Automobile Liability, Worker’s Compensation insurance, Property, and
Environmental/Pollution Insurance coverages that are considered standard for each PARTY’S use.
If any part of this AGREEMENT is contracted or subcontracted, the contracting PARTY must require its contractor(s)
and subcontractor(s) to name the other PARTY as an additional insured to the same extent that contracting PARTY is
named as an additional insured as required under the contract.
19. NONLIABILITY OF OFFICIALS AND EMPLOYEES
No official, representative, agent, attorney or employee of the CITY shall be personally liable to COUNTY, or to any
successor in interest to COUNTY, in the event of any default by the CITY or for any amount which may become due
to COUNTY or successor, or with respect to any obligation of the CITY under the terms of this AGREEMENT.
No official, representative, agent, attorney or employee of the COUNTY shall be personally liable to the CITY, or
any successor in interest to the CITY, in the event of any default by the COUNTY for any amount which may become
due to the CITY or successor, or with respect to any obligation of the COUNTY under the terms of this AGREEMENT.
20. E-VERIFY
To the extent applicable under A.R.S. § 41-4401, each PARTY and its contractors and subcontractors warrant their
compliance with all federal immigration laws and regulations that relate to their employees and their compliance with
the E-verify requirements under A.R.S. §23-214(A). A breach of the above-mentioned warranty by any PARTY or its
contractors or subcontractors shall be deemed a material breach of the AGREEMENT and may result in the
termination of the AGREEMENT by the non-breaching PARTY. Each PARTY retains the legal right to randomly
inspect the papers and records of the other PARTY’S or its contractors' or subcontractors' employees who work on
the project to ensure that the other PARTY and its contractors and subcontractors are complying with the above-
mentioned warranty.
21. AGREEMENT AS LICENSE
The PARTIES intend and mutually agree that this AGREEMENT shall be construed as a mere license for COUNTY
and the public to use the Premises. This AGREEMENT shall not be construed as a lease, sublease, rental agreement
or easement. It is understood and mutually agreed that COUNTY has no ownership interest whatsoever in the
Shared Use Path or the land upon which it is located.
22. COUNTERPARTS
This AGREEMENT may be signed in any number of counterparts with the same effect as if the signatures thereto
and hereto are upon the same instrument.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the CITY and COUNTY have executed this AGREEMENT as of the dates set forth below.
CITY OF PHOENIX MARICOPA COUNTY
Street Transportation Director Date Chairman, Board of Supervisors Date
ATTEST ATTEST
City Clerk Date Clerk of the Board Date
Approved as to Form: Approved as to Form:
City Attorney Date Deputy County Attorney Date
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