ADOT-OWNED CDL SITE USAGE - MARICOPA CNTY RISK REV3.DOCX
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Infrastructure Delivery and Operations TEMPORARY ACCESS AND USAGE OF ADOT-OWNED PROPERTY Maricopa County Risk Management Kevin Chamberlain 222 North Central Avenue Suite 1110 Phoenix, AZ 85004 RE: Usage Agreement for: ADOT CDL Site #2896 Location: 1225 North 25th Avenue in Phoenix Arizona In accordance with your request of December 21, 2017, Maricopa County is hereby authorized to use CDL Site #2896 located at 1225 North 25th Avenue in Phoenix, Arizona, the state-owned property controlled and maintained by the Arizona Department of Transportation (ADOT), to conduct Commercial Drivers’ License (CDL) examinations up to and including two times per month. This Agreement shall be in place for duration of the calendar year 2018. Maricopa County shall provide requested testing dates to ADOT at least thirty (30) days prior to the use of the facility. Requests shall be approved by ADOT via written and/or electronic communication to confirm acknowledgement and prevent any scheduling conflicts that may arise, within 10 days or receipt. ADOT, in its sole discretion, reserves the right to deny access to its facility and shall provide notice, written and/or electronic communication, to Maricopa County at least 5 days prior to the scheduled testing date. Please submit all requests, revisions, and/or site questions to: Carlos Parra ADOT CDL Training Officer 2600 W. Broadway Road Tempe, AZ 85282 Phone: (602)712-2321 Mobile: (602)290-6872 Email: JParra@azdot.gov Upon vacating the property, Maricopa County shall be required to clear all debris created by its use of the facility and leave the area in a condition equal to or better than received. The subject property must also be secured upon completion of activities. In addition to the above conditions, Maricopa County agrees to indemnify, defend and hold harmless ADOT from and against any claims, damages, liabilities, damages, losses, actions or expenses (including court costs, attorneys’ fees, and cost of claim litigation, processing, or investigation)(hereafter referred to as “Claims”) caused by, or alleged to be caused in whole or in part, by its use of the property owned by ADOT, or the negligent or willful acts or omissions of Maricopa County, its employees, licensees, or invitees in the performance of this agreement. Maricopa County’s obligations under this paragraph shall not extend to any Claims to the extent caused by the sole negligence of ADOT, except the obligation does apply to any negligence of Maricopa County which may be legally imputed to the ADOT by virtue of the ADOT’s ownership of the facility. Maricopa County’s obligations under this paragraph shall survive the termination of this Agreement Maricopa County shall provide a Certificate of Self Insurance of Insurance with limits of not less than $1,000,000 regarding public liability. The certificate shall list the location and activities that have been approved. Insurance documentation must be provided to ADOT prior to entry of the property. Infrastructure Delivery and Operations This Agreement is subject to A.R.S §38-511. Please have both copies of this Agreement signed by the appropriate official and return it to our office. It is understood that said signature indicates approval and acceptance of all stipulations as stated herein. Upon approval by the management of ADOT, a copy of the executed agreement will be sent to you for your records. The individuals executing the Agreement warrant that they have the full authority to execute this Agreement on behalf of the entities for whom that are acting herein. Acknowledged and Agreed by: _____________________________________________________________________________________________ By: / Maricopa County Authorized Representative Date By: ____________________________________/____________ Chairman – Board of Supervisors Date By: ____________________________________/____________ Clerk – Board of Supervisors Date By: / ADOT Authorized Representative Date