STUDY AGREEMENT WITH MAG FOR LAVEEN-SOUTH MTN TRANSPORTATION STUDY 2019.PDF

AGREEMENT BETWEEN
MARICOPA ASSOCIATION OF GOVERNMENTS,
THE CITY OF PHOENIX,
AND MARICOPA COUNTY
FOR THE FY 2019 LAVEEN – SOUTH MOUNTAIN TRANSPORTATION STUDY
This Agreement (AGREEMENT) is between the Maricopa Association of Governments, an Arizona non-profit
corporation (MAG), the City of Phoenix, an Arizona municipal corporation (CITY), and Maricopa County
(COUNTY), a body politic. MAG, CITY and COUNTY are collectively referred to as the PARTIES or individually
as a PARTY.
This AGREEMENT shall become effective as of the date signed by the last party hereto. MAG, CITY, and
COUNTY view this AGREEMENT as a mutually beneficial relationship.
Statutory Authorization
MARICOPA ASSOCIATION OF GOVERNEMENTS
MAG is empowered by Arizona Revised Statutes §§ 28-6308 and 28-6353 to enter into this AGREEMENT.
MAG is the recipient of Regional Area Road Funds, Federal Highway Administration Funds, and Federal
Transit Administration Funds as described in the FY 2019 MAG Unified Planning Work Program, and as
described in the agreement between MAG and the Arizona Department of Transportation (ADOT).
THE ant OF PHOENIX
Arizona Revised Statues § 11-952(A) provides that public agencies may enter into intergovernmental
agreements for the provision of services or for joint/cooperative actions. On November 7, 2018, Phoenix's
City Council approved Ordinance S-45073 as required by Arizona Revised Statutes § 11-952(F)—which
authorizes the City Manager to enter into this Agreement.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
The COUNTY is authorized by Arizona Revised Statutes § 11-251 and § 28-6701 et seq. to establish, lay out,
maintain, control, and manage public roadways within the County as well as enter into contracts relating to
this purpose.
Purpose of the Agreement
The purpose of this AGREEMENT is to identify and define the level of financial participation that the CITY
and COUNTY will incur to participate in the Laveen – South Mountain Transportation Study (STUDY).
Background
The Laveen-South Mountain area has been growing for twenty-years. Growth has seen a major land-use
transition from agricultural and rural type to a significant increase in new private housing developments
and accompanying traffic. In addition, the severe storms of 2014 and significant rainfall have identified
shortcomings in the transportation system's ability to operate and provide storm-water conveyance during

FY 2019 MAG Memorandum of Understanding No. 941
peak severe weather events. A regional transportation study by MAG, the CITY and COUNTY will provide
understanding of the roadway and accompanying storm-water-infrastructure needs for meeting future
travel demand in the South Valley.
The expected outcome will be a STUDY document describing the transportation needs and infrastructure
recommendations for the regional arterial network in an area bounded by Loop 202/South Mountain to the
west, Baseline Road to the north, the South Mountain Preserve to the south, and 27th Avenue to the east.
The STUDY document will include specific plan recommendations for system-wide roadway arterial and
collector classifications, signalization needs, and multi-modal connections in coordination with known
development plans. Based on consultation with the Flood Control District of Maricopa County, this STUDY
document will also identify the appropriate transportation corridors to support storm-water conveyance in
the event of heavy rainfall events.
Study Process
Upon approval by the MAG Regional Council to conduct the STUDY, MAG will request proposals from
qualified consultants. The financial partners in the STUDY (i.e. MAG, the CITY, and COUNTY), will form a
consultant selection team and select a consultant to carry out the STUDY.
A planning partner team consisting of representatives from MAG, the CITY, and COUNTY will provide
oversight for the STUDY. The planning partners will identify STUDY objectives, refine the scope of work,
and guide the STUDY process. The consultant will provide deliverables for each STUDY task. Throughout
the course of the STUDY, the planning partners will review and provide recommendations for each
deliverable, and provide insight on structural document changes and narrative revisions, as necessary.
Throughout the duration of the project, agency, public, and stakeholder meetings will be conducted in an
effort to receive comment on preliminary STUDY findings and recommendations. Ongoing consultation
between the planning partners, the public, and other major stakeholders is essential in order to identify key
issues directly pertaining to regional growth and transportation.
STUDY Funding
1. MAG is the recipient of Regional Area Road Funds, Federal Highway Administration Funds, and Federal
Transit Administration Funds as described in the FY 2019 MAG Unified Planning Work Program as
described in the agreement between MAG and ADOT.
2. The FY 2019 MAG Unified Planning Work Program (UPWP) and Annual Budget will include the STUDY
as a prerequisite to consultant selection.
3. The FY 2019 MAG Unified Planning Work Program (UPWP) and Annual Budget will be amended to
include the STUDY.
4. The consultant contract for the STUDY will be for an amount not to exceed $500,000. Funding for the
STUDY will be shared among the three partnering agencies as follows:
MAG $300,000
COUNTY $100,000
CITY $100,000
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FY 2019 MAG Memorandum of Understanding No. 941
5. Cost adjustments:
a. If the cost for the consultant contract is negotiated for an amount less than $500,000, the CITY
and COUNTY shares shall be reduced proportionally.
b. Any remaining unspent funds following project closeout will be retained by MAG for unrestricted
use.
6. The CITY's and COUNTY'S financial participation is limited to paying its respective share of the STUDY
costs as provided in Sections 4 and 5. It shall be MAG's responsibility to secure funds from all the
financial partners and to enter into the consultant contract.
7. MAG will invoice the CITY and COUNTY for their contribution in accordance with Sections 4 and 5 upon
execution of this AGREEMENT. CITY and COUNTY shall make payment to MAG within 45 days after
receipt of invoice.
8. All notices or demands required to be given pursuant to the terms of this AGREEMENT shall be given
to the other parties in writing, delivered in person, deposited in the United States mail, postage
prepaid, registered or certified mail, return receipt requested, or deposited with any commercial air
courier or express service at the addresses set forth below, or to such address as the parties may
substitute by written notice given in the manner described in this paragraph.
For MAG:
Eric J. Anderson
Executive Director
Maricopa Association of Governments
302 North First Avenue, Suite 300
Phoenix, AZ 85003
602-254-6300
For CITY OF PHOENIX
Ed Zuercher
City Manager
City of Phoenix
200 W. Washington, 12th Floor
Phoenix, AZ 85003-1161
(602) 262-6011
For MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Jennifer Toth, P.E.
Transportation Director / County Engineer
Maricopa County Department of Transportation
2901 W. Durango Street
Phoenix, AZ 85009
(602) 506-8600
Notices shall be deemed received on date delivered, if delivered by hand; on the second day after its
deposit with any commercial air courier or express service; or, if mailed, ten days after the notice is
deposited in the United States mail as above provided; and on the delivery date indicated on receipt
if delivered by certified or registered mail. Any time period stated in a notice shall be computed from
the time the notice is deemed received.
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FY 2019 MAG Memorandum of Understanding No. 941
9. In the event that the MAG funds required for this AGREEMENT are withdrawn or are not available for
funding, this AGREEMENT—without penalty to any of the parties—may be immediately terminated,
and any financial contribution by the CITY and COUNTY will be returned by MAG.
10. If MAG is unable to secure sufficient funding for the STUDY from all partnering agencies, then any
financial contribution by the CITY and COUNTY will be returned by MAG.
General Terms and Conditions of the Agreement
1. Governing Law. This AGREEMENT is entered into in Arizona and shall be construed and interpreted
under the laws of the State of Arizona.
2. Severability. If any provision of this AGREEMENT is declared invalid, illegal or unenforceable, that
provision shall be severed from the AGREEMENT, and the remaining provisions shall otherwise remain
in full force.
3. Indemnity. 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 bodily injury
of any person (including death) or property damage, 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.
4. This AGREEMENT shall not be construed to imply authority to perform tasks—or accept any
responsibility—not expressly set forth herein.
5. This AGREEMENT shall be strictly constructed against the creation of a duty or responsibility unless the
intention to do so is clearly and unambiguously set forth herein.
6. This AGREEMENT shall be effective as of the date signed by the last party hereto and remain in full
force and effect until all stipulations previously indicated have been satisfied, except that it may be
amended upon written agreement by both parties. Either party may terminate this AGREEMENT upon
furnishing the other party with a written notice at least 30 days prior to the effective date of the desired
termination date.
7. This AGREEMENT shall be subject to the provisions of Arizona Revised Statutes § 38-511.
8. This AGREEMENT shall not be modified or extended except by written instrument adopted in
accordance with the requirements for adopting a new AGREEMENT.
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FY 2019 MAG Memorandum of Understanding No. 941
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT,
MARICOPA ASSOCIATION OF GOVERNMENTS
Eric J. Anderson
Executive Director
Date
Approved as to form:
Maricopa Association of Governments Attorney
CITY OF PHOENIX
Ed Zuerche
City Manager
ii /2I/A
Date
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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FY 2019 MAG Memorandum of Understanding No. 941
MARICOPA COUNTY
Recommended by:
Jenefferjzfh, P.E.
Transportation Director / County Engineer
(2- \\Jet \ ZbIS
Date
Approved and Accepted by:
Steve Churci, Chairman Date
Board of Supervisors
Clerk of the Board
APPROVED AS TO FORM:
County Attorney Date
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• ORDINANCE S-45073
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (IGA)
WITH THE MARICOPA ASSOCIATION OF GOVERNMENTS
(MAO) AND THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION (MCDOT) TO , CONDUCT • A
TRANSPORTATION AND INFRASTRUCTURE STUDY WITH THE
STREET TRANSPORTATION DEPARTMENT IN THE SOUTH
MOUNTAIN AND LAVEEN VILLAGES; AND FURTHER
AUTHORIZING THE CITY CONTROLLER TO DISBURSE FUNDS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as -
follows:
SECTION 1, The City Manager or his designee is authorized to execute
an IGA with MAO and MCDOT to conduct a transportation and infrastructure study in
the South Mountain-Laveen area for the. purpose of planning for future roadway and
• infrastructure needs, and flood control mitigation pertaining to transportation. MAG will
provide THREE HUNDRED THOUSAND DOLLARS ($300,000.00) and the City and
MCDOT will each provide ONE HUNDRED THOUSAND DOLLARS ($190,000.00) for
the cost of the study, which is expected to take eighteen months to complete.
SECTION 2. The CRY Controller is authorized to disburse the necessary
funds.

PASSED by the Council of the City of Phoenix this 7th day of November,
2018.
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM:
Acting City Attome
REVIEWED BY:
City Manager
JMK:ab:20747841LES1 • 8-1762) 11/7/18
2 Ordinance S-45073