IGA WITH BUCKEYE AND SURPRISE AND MARICOPA COUNTY.PDF

INTERGOVERNMENTAL AGREEMENT AMONG
MARICOPA COUNTY, THE CITY OF BUCKEYE, ARIZONA AND THE CITY OF
SURPRISE, ARIZONA
G-30205
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into as
of date last signed below among Maricopa County, a political subdivision of the State of Arizona
(the "County"), the City of Buckeye, a municipal corporation ("Buckeye") and the City of
Surprise, a municipal corporation ("Surprise") (hereinafter, individually as a "Party" or
collectively as the "Parties").
WITNESSETH
WHEREAS, the County, Buckeye and Surprise are authorized to enter into this
Agreement pursuant to A.R.S. §§ 11-201, 11-952, and 9-461.11;
WHEREAS, the County, through its Parks and Recreation Department provides
recreational opportunities and educational programs to the public;
WHEREAS, Buckeye and Surprise are updating their respective general plans, which
will include certain areas outside their respective boundaries, including the White Tank
Mountain Regional Park ("Park");
WHEREAS, the Parties would like to maintain a mutually beneficial relationship by
which they may in the future work together to accomplish common objectives related to the
Park; and
WHEREAS, the Parties desire to enter into this Agreement to set forth each Party's
understandings and agreements related to the Park.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the promises and covenants set forth below, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to set forth the Parties' agreements related to the Park,
annexation of the Park and the inclusion of the Park in the planning areas of Buckeye and
Surprise in their respective general plans. The Park and the delineation of the respective
planning areas are depicted upon the Map attached hereto as Exhibit A and incorporated
herein by reference.
SDG:rrd 3156586.5 2/5/2018
1

2. AGREEMENTS
2.1 Subject to the provisions of Paragraphs 2.2 and 2.3, County agrees that Buckeye
and Surprise may include the Park in their respective general plan planning areas,
as delineated in Exhibit A, notwithstanding that the Park is not within the
corporate boundaries of either Buckeye or Surprise.
2.2 Buckeye agrees it will not annex any portion or all of the Park without the prior
written consent of the County, nor will it attempt to extend regulatory control over
the Park without prior written consent of the County.
2.3 Surprise agrees it will not annex any portion or all of the Park without the prior
written consent of the County, nor will it attempt to extend regulatory control over
the Park without prior written consent of the County.
2.4 In the future, the Parties may consider joint development of trails or similar
amenities within the Park or outside the Park, in which case an amendment to this
Agreement will be executed or a new Agreement will be executed.
3. INDEMNIFICATION
By entering into this Agreement, each Party (as "Indemnitor") agrees that to the extent
permitted by law, to indemnify and hold the other Parties (as "Indemnitees") 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
("Claims"), but only to the extent that such Claims which result in vicarious/derivative
liability to an Indemnitee are caused by the act, omission, negligence, misconduct or
other fault of the Indemnitor, its officers, officials, agents, employees or volunteers.
4. DURATION
This Agreement shall become effective as of the date it is executed by all the Parties and
shall continue until terminated by the Parties. This Agreement may be terminated by any
Party for any reason with thirty (30) days advance written notice to the other Parties
without penalty.
5. ASSIGNMENT AND DELEGATION
No Party may assign any rights hereunder without the express, written, prior consent of
all Parties.
6. DISPUTES
6.1 Disputes arising from 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
SDG:rrd 3156586.5 2/5/2018
2

to the other Parties and provide a summary of the issue that is the subject of the
dispute.
6.2 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 three (3) arbiters shall select a fourth arbiter.
Any decisions made shall be made by a majority of the panel of four (4) arbiters.
6.3 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.
6.4 Maricopa County, Arizona shall be the venue for any action filed in the courts to
resolve a dispute arising out of or relating to this Agreement.
7. CONFLICT OF INTEREST
The parties acknowledge that this Agreement is subject to cancellation provisions
pursuant to A.R.S. § 38-511, the provisions of which are hereby incorporated herein and
made a part hereof.
8. ENTIRE AGREEMENT
This Agreement contains the entire understanding 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.
9. 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.
10. GOVERNING LAW
This Agreement shall be construed under the laws of the State of Arizona and shall
incorporate by reference, all laws governing the interagency agreements and mandatory
contract provisions of state agencies required by statute or executive order.
11. NOTICES AND REQUESTS
Any notice or other communication required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if (i)
SDG:rrd 3156586.5 2/5/2018
3

delivered to the Party at the address set forth below, (ii) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below, (iii) given
to a recognized and reputable overnight delivery service, to the address set forth below or
(iv) delivered by facsimile transmission to the number set forth below:
If to County: Maricopa County Parks & Recreation Department
Attention: Contract Administrator
41835 N. Castle Hot Springs Road
Morristown, AZ 85342
Email: emilymiller0,mail.maricona.gov
Phone: (928) 501-9211
With copy to: Maricopa County Real Estate Depaitiiient
Attention: Director
2801 W Durango Street
Phoenix, AZ 85009
Email: michellecolbyvimail.maricopa.gov
Phone: (602) 506-4748
If to Buckeye: Roger Klingler, City Manager
530 E. Monroe, Ave.
Buckeye, Arizona 85326
Email: rklinglertrthuckeveaz.gov
Telephone: 623-349-6910
With copy to: Shiela Schmidt, City Attorney
Gust Rosenfeld, P.L.C.
One East Washington, Suite 1600
Phoenix, Arizona 85004-2553
Email: sschmidtmgustlaw.com
Telephone: 602-257-7990
If to Surprise: Bob Wingenroth, City Manager
16000 N. Civic Center Plaza
Surprise, Arizona 85374
Email: bob.winkenrothipsurpriseaz.gov
Telephone: 623-222-1100
With copy to: Robert Wingo, City Attorney
16000 N. Civic Center Plaza
Surprise, Arizona 85373
Email: Robert.wingoAsurpriseaz.gov
Telephone: 623-222-1120
or at such other address, and to the attention of such other person or officer, as any Party
may designate in writing by notice duly given pursuant to this Section. Notices shall be
SDG:rrd 3156586.5 2/5/2018
4

deemed received (i) when delivered to the Party, (ii) three business days after being
placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following
business day after being given to a recognized overnight delivery service, with the person
giving the notice paying all required charges and instructing the delivery service to
deliver on the following business day, or (iv) when received by facsimile transmission
during the normal business hours of the recipient. If a copy of a notice is also given to a
Party's counsel or other recipient, the provisions above governing the date on which a
notice is deemed to have been received by a Party shall mean and refer to the date on
which the Party, and not its counsel or other recipient to which a copy of the notice may
be sent, is deemed to have received the notice.
12. RECORDS AND AUDITS
All books, accounts, reports, files and other records of any Party relating to the
Agreement or the work done under this Agreement shall be subject at all reasonable times
to inspection and audit by the other Party until five years after the Agreement is
terminated. Such records shall be available for inspection upon five business days' notice
at the offices of the Party in possession of the records, per Arizona Revised Statutes § 35-
214. To the extent applicable under law, the provisions set forth in Arizona Revised
Statutes §§ 35-214 and 35-215 shall apply to this Agreement.
13. E-VERIFY
To the extent applicable under Arizona Revised Statutes § 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 Arizona Revised Statutes § 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 under the Agreement to ensure that the other Party and its contractors and
subcontractors are complying with the above-mentioned warranty.
14. COUNTERPARTS
This Agreement may be executed in any number of counterparts, all such counterparts
shall be deemed to constitute one and the same instrument, and each of said counterparts
shall be deemed original hereof.
[SIGNATURES ON FOLLOWlNG PAGES]
SDG:rrd 3156586.5 2/5/2018
5

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day
and year written below.
"County"
MARICOPA COUNTY, a political subdivision
of the State of Arizona
By:
Steve Chucri, Chairman
Board of Supervisors
Date:
ATTEST:
Clerk of the Board of Supervisors
Deputy County Attorney
[ADDITIONAL SIGNATURES ON FOLLOWING PAGES]
SDG:rrd 3156586.5 2/5/2018
6

"Buckeye"
CITY OF BUCKEYE, an Arizona
municipal-cprporati
By:
, City Manager
Date: (S
ATTEST:
By ukfaukk_
Lucinda J. Ai a, City :11717
[ADDITIONAL SIGNATURES ON FOLLOWING PAGES]
SDG:rrd 3156586.6 3/1/2018
7

"Surprise"
CITY OF SURPRISE, an Arizona municipal
corporation
By:
P ingenro-a- _ Ci , Manager
Date:
AT 1 EST:
[ADDITIONAL SIGNATURES ON FOLLOWING PAGES]
SDG:rrd 3156586.5 2/5/2018
8

IN ACCORDANCE WITH THE REQUIREMENTS OF ARIZONA REVISED STATUTES §§
11-952(D), 11-201 AND 11-251, THE UNDERSIGNED ATTORNEYS ACKNOWLEDGE
THAT (1) THEY HAVE REVIEWED THE ABOVE AGREEMENT ON BEHALF OF THEIR
RESPECTIVE CLIENTS, AND (2) AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH
ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND
WITHIN THE POWERS AND AUTHOR1PANT D UNDER_TRE LAWS OF THE
STATE OF ARIZONA.
Shie a B. Sc dt, City Attorney
for the City Buckeye
[ADDITIONAL SIGNATURES ON FOLLOWING PAGES]
SDG:nd 3156586.6 3/1/2018
9

TN ACCORDANCE WITH THE REQUIREMENTS OF ARIZONA REVISED STATUTES §§
11-952(D), 11-201 AND 11-251, THE UNDERSIGNED ATTORNEYS ACKNOWLEDGE
THAT (1) THEY HAVE REVIEWED THE ABOVE AGREEMENT ON BEHALF OF THEIR
RESPECTIVE CLIENTS, AND (2) AS TO THEIR RESPECTIVE CLIENTS ONLY, EACH
ATTORNEY HAS DETERMINED THAT THIS AGREEMENT IS IN PROPER FORM AND
WITHIN THE POWERS AND AUTHORITY GRANTED UNDER THE LAWS OF THE
STATE OF ARIZONA.
Robert 4ii, CitkAttorney
for eCity of Surprise
SDG:rrd 3156586.5 2/5/2018
10

EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
THE CITY OF BUCKEYE
AND
THE CITY OF SURPRISE
[Map]
See following page
SDG:rrd 3156586.5 2/5/2018

I • .'
Park
Split 7. :
Regional dgerft4"irn
Boundary
Mountain
Plan
Tank General
White
,-••-
--- I
- _
,/ •I•• VitnirIejni
e
1 . 1 - 2
ri '
/Ilea
GeneT",-aPla
Planning
BucLoy,-.2
Area White
of Planning the Park Regional
City within
and Plan Regional Mountain
LEGEND Buckeye General boundary
Mountain Tanks
City of Surprise adjoining Tank White Park
2/5/2018
3156586.5
SDG:n-d