FINAL GRIC - MCDOT IGA HUNT HIGHWAY.DOCX

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
AND THE GILA RIVER INDIAN COMMUNITY
FOR IMPROVEMENTS TO THE HUNT HIGHWAY ALIGNMENT
FROM DOBSON ROAD TO OLD PRICE ROAD
(C-64-17-_____-M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the Gila River Indian
Community, a federally recognized Indian Tribe organized pursuant to Section 16 of the
Indian Reorganization Act of 1934 (Community). The County and Community are
collectively referred to as the Parties or individually as a Party.
STATUTORY AUTHORIZATION
1. 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.
2. Article XV, Section 1(a)(1) of the Constitution of the Gila River Indian Community
(1960) authorizes the Community Council to negotiate with the Federal, State
and local governments on behalf of the Community.
BACKGROUND
3. Old Price Road between Riggs Road and the Hunt Highway alignment (Old Price
Road) is adjacent to the Sun Lakes Community in Maricopa County, Arizona.
4. The Hunt Highway alignment from Old Price Road to Dobson Road (Hunt
Highway) is unpaved and provides an alternate access for residents west of Old
Price Road. This alignment lies within a Maricopa County right of way and a
Community right of way easement on the Gila River Indian Reservation.
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5. Residents of Sun Lakes complain of air quality issues caused by vehicles driving
on Old Price Road. To help alleviate the air quality issues in Sun Lakes, the
Parties agree to pave Hunt Highway from Old Price Road to Dobson Road
(Project) (See Exhibit A). The Project will lay partially in a Maricopa County right
of way and partially in a Community right of way easement.
6. The Community agrees to design the Project.
7. The County agrees to construct the Project.
8. The County shall construct the Project so long as the County receives money
sufficient to cover the full cost of constructing the Project from the Community’s
Proposition 202 funds. No Highway User Revenue Funds (HURF) will be spent on
the Project.
9. The Community agrees to permanently block access to Old Price Road from Hunt
Highway and reroute the Community’s Department of Public Works (DPW) trash
trucks along Hunt Highway when the Project is completed.
10. DPW and the Gila River Indian Irrigation and Drainage District (GRIIDD) operate
and maintain separate water infrastructure located along the west side of Old Price
Road. The San Carlos Irrigation Project (SCIP) has electric infrastructure located
in the same area long the west side of Old Price Road. The Gila River Indian
Community Utility Authority (GRICUA) operates and maintains the SCIP utility
facilities pursuant to a self-governance contract. The Gila River
Telecommunication, Inc. (GRTI) also operates and maintains buried
telecommunication infrastructure along the west side of Old Price Road. DPW,
GRIIDD, GRICUA, and GRTI are collectively referred to as the Utility Providers.
The water infrastructure, the electric infrastructure, and the telecommunication
infrastructure are collectively referred to as the Utilities.
11. The Utility Providers periodically use Old Price Road to maintain the Utilities.
PURPOSE OF THE AGREEMENT
12. The purpose of this Agreement is to identify and define the responsibilities of the
County and Community for the Project, including but not limited to cost sharing,
design, permitting, environmental clearance, utility relocation, construction and
construction management, and operation and maintenance of the Project.
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TERMS OF THE AGREEMENT
13. Responsibilities of the County:
13.1 The County will submit an application to the Community for a grant under
the Community’s Proposition 202 grant program in an amount sufficient to
construct the Project.
13.2 If awarded the Proposition 202 grant for the construction of the Project, the
County shall act as the lead agency for the construction of the Project,
including but not limited to plan review, environmental clearance, permit
acquisition, and construction. If the Community does not award a
Proposition 202 grant to the County in an amount sufficient to construct the
Project, this Agreement shall terminate upon issuance of a letter from the
Community indicating the County was not awarded the funds.
13.3 The County shall install a permanent fence within its right of way along
Riggs Road right of way that includes a secured gate with a daisy chain that
allows only the Utility Providers access to Old Price Road from the north for
the limited purpose of maintenance of the Utilities (See Exhibit B).
13.4 Consistent with County standards, the County shall permanently maintain
the foreslope of the drainage facility immediately adjacent to the north side
of Hunt Highway to a maximum of a 4:1 slope.
13.5 If the road requires maintenance within the first three years after
construction (Maintenance Period), the County shall inform the
Community of the maintenance required and the Community shall complete
the maintenance.
13.6 After the Maintenance Period expires, the County will assign to the
Community that portion of the easement for Hunt Highway from Old Price
Road to Dobson Road previously granted to it by the Bureau of Indian
Affairs.
13.7 The County hereby grants to the Community the right to install utilities in the
County right of way during the term of this Agreement.
13.8 The County hereby grants to the Community permission to maintain any of
the Project that falls within Maricopa County right-of-way.
14. Responsibilities of the Community:
14.1 The Community shall route its DPW trash trucks off of Old Price Road and
onto the paved Hunt Highway.
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14.2 The Community shall install a permanent fence on the south end of Old
Price Road that includes a secured gate with a daisy chain that allows only
the Utility Providers access to Old Price Road from the south for
maintenance of the Utilities.
14.3 The Community shall accept the constructed road into its road inventory
and maintain the road in perpetuity after the expiration of the Maintenance
Period.
GENERAL TERMS AND CONDITIONS
15. This Agreement shall become effective upon the award of a Proposition 202 grant
from the Community to the County and execution by all parties (Effective Date).
This Agreement shall remain in full force and effect until the County assigns to the
Community that portion of the easement for Hunt Highway from Old Price Road to
Dobson Road previously granted to it by the Bureau of Indian Affairs. This
Agreement may be amended upon written Agreement by all Parties.
16. By entering into this Agreement, the Parties agree that to the extent permitted by
law, each Party will indemnify, defend and hold the other Parties harmless,
including any of the Parties’ departments, agencies, officers, employees, elected
officials or agents, from and against all loss, expense, damage or claim of any
nature whatsoever which is caused by any activity, condition or event arising out
of the negligent performance or nonperformance by the indemnifying Party of any
of the provisions of this Agreement. By entering into this Agreement, each Party
indemnifies the other against all liability, losses and damages of any nature for or
on account of any injuries or death of persons or damages to or destruction of
property arising out of or in any way connected with the performance or
nonperformance of this Agreement, except such injury or damage as shall have
been caused or contributed to by the negligence of that other Party. The damages
which are the subject of this indemnity shall include but not be limited to the
damages incurred by any Party, its departments, agencies, officers, employees,
elected officials or agents. 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.
17. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
18. The County warrants that it is in compliance with the applicable provisions of
A.R.S. Section 41-4401 and further acknowledge that:
18.1 Any contractor or subcontractor who is contracted by the County to perform
work on the Project shall warrant their compliance with all applicable federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. Section 23-214(A).
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18.2 Any breach of the warranty shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the
contract.
18.3 The County retains 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.
18.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
18.5 The Community is not subject to A.R.S. Section 41-4401.
19. Each of the following shall constitute a material breach of this Agreement and an
event of default (“Default”) hereunder: A Party’s failure to observe or perform any
of the material covenants, conditions or provisions of this Agreement to be
observed or performed by that Party (“Defaulting Party”), where such failure shall
continue for a period of thirty (30) days after the Defaulting Party receives written
notice of such failure from the non-defaulting Party provided, however, that such
failure shall not be a Default if the Defaulting Party has commenced to cure the
Default within such thirty (30) day period and thereafter is diligently pursuing such
cure to completion, but the total aggregate cure period shall not exceed ninety (90)
days unless the Parties agree in writing that additional time is reasonably
necessary under such circumstances to cure such default. In the event a
Defaulting Party fails to perform any of its material obligations under this
Agreement and is in Default pursuant to this Section, the non-defaulting Party, at
its option, may terminate this Agreement. Further, upon the occurrence of any
Default and at any time thereafter, the non-defaulting Party may, but shall not be
required to, exercise any remedies now or hereafter available to it at law or in
equity.
20. All notices required under this agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Attn: Intergovernmental Liaison
2901 W. Durango Street
Phoenix, Arizona 85009
Gila River Indian Community
Attn: Governor
Post Office Box 97
Sacaton, Arizona 85147
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With a copy to:
Gila River Indian Community
Attn: General Counsel
525 West Gu u Ki
Post Office Box 97
Sacaton, Arizona 85147
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, certified or registered mail or U.S. Postal Service Express Mail, with
postage prepaid, and shall be deemed sufficiently given if served in a manner
specified in this paragraph. Either Party may by written notice to the other specify
a different address for notice. Any notice sent by registered or 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
United States Express Mail or overnight courier that guarantee next day delivery
shall be deemed given 24 hours after delivery of the notice to the Postal Service
or courier.
21. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
22. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
23. This Agreement does not grant authority to control the subject roadway, except to
the extent necessary to perform the tasks expressly undertaken pursuant to this
Agreement.
24. This Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and assignees. Neither Party shall assign its interest
in this Agreement without the prior written consent of the other Party.
25. This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions and understandings between the
Parties to this Agreement, and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between the Parties other than
as set forth in this Agreement, and those agreements which are executed
contemporaneously with this Agreement. 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. This Agreement cannot be modified or changed except by a written
instrument executed by all of the Parties hereto. Each Party has reviewed this
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Agreement and has had the opportunity to have it reviewed by legal counsel.
26. 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.
27. Wherever possible, each provision of this Agreement shall be interpreted in such
a manner as to be valid under applicable law, but if any provision shall be invalid
or prohibited under the law, such provision shall be ineffective to the extent of such
prohibition or invalidation but shall not invalidate the remainder of such provision
or the remaining provisions.
28. Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set forth in this Agreement or in any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the
expiration or earlier termination of this Agreement for a period of one (1) year.
29. Nothing contained in this Agreement shall create any partnership, joint venture or
other agreement between the Parties hereto. Except as expressly provided in this
Agreement, no term or provision of this Agreement is intended or shall be for the
benefit of any person or entity not a party to this Agreement, and no such other
person or entity shall have any right or cause of action under this Agreement.
30. Time is of the essence concerning this Agreement. Unless otherwise specified in
this Agreement, the term “day” as used in this Agreement means calendar day. If
the date for performance of any obligation under this Agreement or the last day of
any time period provided in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date for performance or time period shall expire at the close of
business on the first day thereafter which is not a Saturday, Sunday or legal
holiday.
31. Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
32. 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. Faxed, copied and scanned signatures are acceptable as original
signatures.
33. The Parties agree to 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.
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End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by
__________________________________
Jennifer Toth, P.E. Date
Director/County Engineer
Approved and Accepted by:
Bill Gates, Chairman Date
Board of Supervisors
_________________________________
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the County by the Board of Supervisors under the laws of the State of Arizona.
Deputy County Attorney Date
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
GILA RIVER INDIAN COMMUNITY
Recommended by:
Date
Approved and Accepted by:
Stephen R. Lewis Date
Governor
APPROVAL OF COMMUNITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the Governor by the Community Council.
General Counsel Date
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