GRIC IGA.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
AND THE GILA RIVER INDIAN COMMUNITY
FOR STREET LIGHTING ON 51st AVENUE/BELTLINE ROAD
AND SAINT JOHNS ROAD
(C-64-18-_____-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.
AUTHORIZATION
1. A.R.S. § 11-251 and § 28-6701 et. seq. authorizes the County to lay out, maintain,
control and manage public roads within the County.
2. A.R.S. § 11-951 et. seq. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
3. The Gila River Indian Community Council is empowered pursuant to Article XV,
Sec. 1(a)(1) of the Constitution and Bylaws of the Gila River Indian Community
(approved March 17, 1960) to enter into this Agreement on behalf of the Gila River
Indian Community.
BACKGROUND
4. 51st Avenue/Beltline Road from Thadai Street to Saint Johns Road is a paved
roadway owned, operated, and maintained by the County. The Community borders
the roadway on both sides. The current roadway has one travel lane in each
direction.
5. Saint Johns Road from Baguard Road to 51st Avenue is a paved roadway owned,
operated, and maintained by the County. The Community borders the roadway on
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both sides. The current roadway has one travel lane in each direction. Exhibit A,
which is attached and incorporated into this Agreement by reference, illustrates
the segment of Saint Johns Road from Bag uard Road to 51st Avenue.
6. The Community will install street lights on 51st Avenue/Beltline Road from Thadai
Street to Saint Johns Road and on Saint Johns Road from Baguard Road to 51st
Avenue to improve safety for pedestrian traffic (Project). The Community will
install the street lights within County right-of-way,
7. The County does not own and, therefore is not responsible for, operation or
maintenance of public street lighting to be installed as a result of this agreement.
The County will not financially participate in the Project.
PURPOSE OF THE AGREEMENT
8. 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 street lights.
TERMS OF THE AGREEMENT
9. Responsibilities of the County:
9.1 The County shall review and provide comments to the Community within
ten (10) working days of receipt of the design plans. The County shall
approve design plans before issuing a permit.
9.2 The County shall issue no-cost permits to the Community for any necessary
Project related work performed within County right-of-way.
9.3 The County shall issue no-cost traffic control permits to the Community for
any traffic control required as part of regular street light maintenance and
operations activities that will impact County roadway and traffic.
9.4 The County shall allow the Community perpetual access for operation and
maintenance of the street lights.
10. Responsibilities of the Community:
10.1 The Community shall act as the lead agency for all aspects of the Project,
including but not limited to design, environmental clearance, utility
relocation, permit acquisition, and construction.
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10.2 The Community shall design and construct the Project to meet or exceed
County standards. The streetlight design shall meet or exceed the most
recent version of the American Association of State Highway and
Transportation Officials (AASHTO) Roadway Lighting Design Guide.
10.3 The Community shall secure electrical power source and meet all
requirements of the utility providing power.
10.4 The Community shall provide the County with copies of design plans for
review, comment, and approval.
10.5 The Community shall apply to the County for no-cost permits for any
necessary Project-related work performed within County jurisdiction and
follow all normal County permitting procedures.
10.6 The Community shall apply to the County for no-cost traffic control permits
for any operation and maintenance work that will impact County roadway or
traffic.
10.7 The Community shall be solely responsible for all costs of the Project,
including but not limited to design, environmental clearance, utility
relocation, permit acquisition, and construction.
10.8 The Community shall assume all operation and maintenance responsibility
and associated liability for any and all street lights installed in County right-
of-way under this Agreement.
GENERAL TERMS AND CONDITIONS
11. By entering into this Agreement, the Parties agree that to the extent permitted by
law, each Party will indemnify, defend, and hold the other Party harmless, including
any of the Party's 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 to 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
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attorney's fees.
12. This Agreement shall become effective upon execution by all Parties 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 all Parties. Any Party
may terminate this Agreement upon furnishing the other Party with a written notice
at least thirty (30) days prior to the effective termination date.
13. This Agreement shall be subject to the provisions of A.R.S. § 38-511.
14. The Parties warrant that they are in compliance with the applicable provisions of
A.R.S. § 41-4401 and further acknowledge that:
14.1 Any contractor or subcontractor who is contracted by a Party 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. § 23-214(A).
14.2 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.
14.3 The Parties retain 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.
14.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
15. Each Party to this Agreement warrants that neither it nor any contractor or vendor
under contract with the Party to provide goods or services toward the
accomplishment of the objectives of this Agreement is suspended or debarred by
any federal agency which has provided funding that will be used in the Project
described in this Agreement.
16. 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
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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.
17. All notices required under this agreement to be given in writing shall be sent to:
County:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
Community:
Gila River Indian Community
Attn: Lieutenant Governor
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.
18. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
19. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
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20. 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.
21. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board
of Supervisors and the Gila River Indian Community in such fiscal year. This
Agreement may be terminated by any Party at the end of any fiscal year due to
non-appropriation of funds.
22. 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.
23. 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. Each Party has reviewed this Agreement
and has had the opportunity to have it reviewed by legal counsel.
24. 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.
25. 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.
26_ 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.
27. Nothing contained in this Agreement shall create any partnership, joint venture, or
other agreement between the Parties. 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
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person or entity shall have any right or cause of action under this Agreement.
28. 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.
29. 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.
30. 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.
31. 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.
32. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon
completion and acceptance of the Project and fulfillment of all terms of the
Agreement.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
05\ Ity.3.bl'
Jeri ifer 5th, P.E. ate
Transp9 ation Director
Approved and Accepted by:
Steve Chucri, 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 Maricopa County 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 Parties by their respective governing bodies.
Community Attorney Date
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Exhibit A
307B 4173A I 4131A 4100A 4757A 47.560
114A 4791A 4031A 409913 35813A 4040A
106E1 4866A 40960 3589A
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3902A 3554A 36949
06 C
3895A 4457A
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355113 38010 3036E1
355213 386013 313350
3659B 4034A • neass.6 1:: 5
- 3136013
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