C-67-18-002-M-00 TOWN OF QUEEN CREEK IGA.PDF

When Recorded Return to:
Maricopa County
Attention:
301 W. Jefferson Street
Phoenix, AZ 85003
INTERGOVERNMENTAL AGREEMENT
TOWN OF QUEEN CREEK
and
MARI COPA COUNTY
for the
CONSTRUCTION, CONSTRUCTION MANAGEMENT, OPERATION AND MAINTENANCE OF
HORSESHOE PARK AND EQUESTRIAN CENTRE (PHASE H)
Agenda Item
This Intergovernmental Agreement (Agreement) is entered into by and between the Town of Queen
Creek, a municipal corporation, acting by and through its Town Council, hereinafter called QUEEN
CREEK, and Maticopa County, a political subdivision of the State of Arizona, acting by and through
its Board of Supervisors, hereinafter called the COUNTY. The COUNTY and QUEEN CREEK are
hereinafter collectively called the PROJECT PARTNERS, or individually referred to as PROJECT
PARTNER.
This Agreement shall become effective as of the date it has been executed by all parties.
STATUTORY AUTHORIZATION
T. The COUNTY is empowered by Arizona Revised Statutes (A.R.S.) Section 11-951, to enter into
this Agreement and has authorized the undersigned to execute this Agreement on behalf of the
COUNTY.
2. QUEEN CREEK is empowered by general law and statute, including A.R.S. Section 9-240(13) and
9-276, as amended, to enter into this Agreement and has authorized the undersigned to execute
this Agreement on behalf of QUEEN CREEK.
BACKGROUND
3. The COUNTY is the owner of property legally described as portions of Tract B, Lot 25, Lot 26,
and Parcel B, Queen Creek Pecans Unit 1, according to Book 151 of Maps, Page 4, records of
Maricopa County, Arizona, lying within the North 480 feet of the Southwest quarter of Section
28, Township 2 South, Range 7 East of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona, which is more particularly described on Exhibit A attached hereto and made a
part hereof ("County Property"). The County Property is located in the Town of Queen Creek
and currently improved as the Queen Creek Landfill.
4. In accordance with applicable United States Environmental Protection Agency ("EPA") rules,
regulations and requirements, and all requirements of the Arizona Department of Environmental
Quality ("ADEQ"), said landfill has been capped.

5. The Queen Creek Landfill is the subject of Intergovernmental Agreements between the COUNTY
and QUEEN CREEK dated August 20, 2003 and subsequent amendments dated April 24, 2006
and April 2, 2008 (the "Prior Landfill Agreements"). Nothing in this Agreement is intended to or
shall modify the provisions of the Prior Landfill Agreements.
6. QUEEN CREEK desires to construct and operate a public park on property that includes the
County Property (the "PROJECT").
PURPOSE OF THE AGREEMENT
7. This Agreement identifies and defines the responsibilities of the COUNTY and QUEEN CREEK
for the PROJECT activities related to construction, construction management, operation and
maintenance of the PROJECT.
TERMS OF AGREEMENT
S. The PROJECT is being funded by the COUNTY in the amount of ONE MILLION
($1,000,000.00) DOLLARS. Due to limited funding availability and to provide flexibility, the
PROJECT will be implemented in phases. A Phasing Schedule is attached hereto and made part
hereof as Exhibit B.
9. The design of the PROJECT has been completed by the COUNTY at a cost of $233,616, leaving
a COUNTY funding balance of $766,384 available for construction and construction
management.
10. Each PROJECT PARTNER will pay for, and not seek reimbursement for, its own personnel and
internal administrative costs associated with the PROJECT.
11. QUEEN CREEK shall:
Procure a contractor and enter a contract to construct the PROJECT ("Contractor") in
accordance with standard procurement procedures and processes employed by QUEEN
CREEK.
11.2 Issue or otherwise obtain any and all permits necessary for the PROJECT.
11.3 Be responsible for the management of construction by providing or procuring
construction management services for the PROJECT. Nothing contained herein shall be
construed as limiting the ability of QUEEN CREEK from including the responsibility for
construction management in the contract with the procured construction Contractor.
11.4 Be responsible for PROJECT expenditures for construction and construction
management in excess of the fund balance of $766,348.
11.5 Obtain invoices from the Contractor, review same to ensure that said invoices conform
to the terms and conditions of the contract and confirm that all work being invoiced has
been performed in a satisfactory manner.
11.6 Transmit payment to the Contractor and obtain all documentation from the Contractor
necessary to confirm payment.
11.7 Submit invoices for reimbursement of payments to the Contractor to the COUNTY.
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11 .8 Confirm that the PROJECT has been completed pursuant to the contract and this
Agreement.
11.9 Operate and maintain the PROJECT, except the regulatory responsibilities associated
with the underlying Queen Creek Landfill, at no cost to the COUNTY, for so long as the
PROJECT shall be used as a public park and as further described on Exhibit C.
11.10 Permit unrestricted COUNTY access to the County Property at ail times for the purposes
of performing routine landfill cap inspections, any mitigation required to address natural
occurring erosion, as well as install and maintain any required monitoring wells.
11.11 Ensure cap integrity in the park and areas adjacent to park activities.
12. The COUNTY shall:
12.1 Process and pay all invoices received from QUEEN CREEK in connection with the
PROJECT within 30 days of receipt.
12.2 Remain the owner of the County Property.
12.3 Retain all oversight and compliance with applicable regulations and requirements of the
EPA and/or ADEQ associated with the underlying Queen Creek Landfill as further
described on Exhibit C.
13. In the event QUEEN CREEK desires to make any changes to the PROJECT design or Phasing
Schedule, or in the event QUEEN CREEK shall seek to make additional improvements to the
County Property, QUEEN CREEK shall first submit such proposed changes or additions to the
COUNTY for approval so that the COUNTY may ensure that no change or addition will cause:
(1) an increase in leachate that would result in a discharge; (2) an increase in the concentration of
methane gas so that it to exceeds the lower explosive limit at the property line; or (3) any other
environment nuisance. QUEEN CREEK shall also obtain the approval for any such change or
addition from any regulatory agency with jurisdiction over the Queen Creek Landfill.
14. Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shall:
14,1 Comply with A.R.S. Sections 41-4401 and 23-214, subsection A.
14.1.1 Each PROJECT PARTNER retains the legal right to inspect the records of the
other party and any contractors' or subcontractors' employees performing
work under this Agreement to verify compliance with A.R.S. Sections 41-4401
and 23-214, subsection A.
14.1.2 Failure by either PROJECT PARTNER to comply with A.R.S. Sections 41-
4401 and 23-214, subsection A shall be deemed a breach of this Agreement and
is subject to penalties up to and including termination of the Agreement.
14,2 Require that any contractor selected for the PROJECT:
14.2.1 Warrant its compliance with all federal immigration laws and regulations that
relate to its employees and their compliance with A.R.S. Section 23-214(A).
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14.2.2 Agree that a breach of the warranty under paragraph 14.2.1 shall be deemed a
material breach of contract and is subject to penalties up to and including
termination of the contract.
14.2.3 Agree that the other party to this Agreement retains the legal right to inspect
the papers of the contractor or subcontractor employee(s) who work(s) on this
Agreement to ensure that contractor or subcontractor is complying with the
warranty under paragraph 14.2.1.
14.3 Have the right, following mutual written agreement of all PROJECT PARTNERS, to
delegate its responsibilities under this Agreement to another party. Any delegation,
however, shall not relieve the delegating PROJECT PARTNER of its original
responsibilities as defined herein,
14.4 In the case of any dispute over any terms in this Agreement, agree to use their best efforts
and enter into good faith negotiations to resolve the disputed matters. If the dispute
cannot be resolved through negotiations, each PROJECT PARTNER may seek any
remedy provided by law.
14.5 Meet not less than quarterly, and within 48 hours of every significant storm event, to
review the landfill and landfill systems.
14.6 As "Indemnitor," to the extent permissible by law, indemnify, defend and hold harmless
the other Project Partner ("Inderunitee") including elected officials, agents, officers,
Supervisors, governors and employees thereof, for, from and against any and all loss or
expense incurred AS a result of any claim or suit of any nature whatsoever, which arises
out of any act or omission of Indetnnitor pursuant to this Agreement, including but not
limited to, reasonable attorneys' fees, court costs, and other expenses relating to the
defense against claims or litigation, incurred by the Indemnitee. Notwithstanding the
above, Indemnitee shall be liable for its own negligence or wrongful acts as provided by
law. In no event shall the Indemnitor owe or be obligated to pay any amounts which the
Indenmitee has not actually paid or has no actual obligation to pay. In the event any
agreement to pay to resolve issues of liability is not enforceable, or any agreement or
settlement results in an actual obligation lower than the full amount of liability, the
Indemnitar's obligation to pay shall be limited to the amount. Indemnitee has paid or
would be obligated to pay in the absence of any agreement to indemnity.
15. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered
in person, by express delivery service for which a receipt is obtained or sent by mail addressed as
follows:
Maricopa County
Waste Resources and Recycling Management Director
2919 W. Durango Street
Phoenix, AZ 85009
Town of Queen Creek
Public Works Director
22358 S. Ellsworth Road, Queen Creek, AZ 85142
Queen Creek, AZ
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16. This Agreement shall expire either: (1) two (2) years from the effective date or (2) upon completion
of the PROJECT and after all funding obligations and reimbursements have been satisfied in
accordance with this Agreement, whichever is the first to occur. Notwithstanding the foregoing,
this Agreement may be amended Or terminated by mutual written agreement of all parties. The
operation, maintenance and indemnification provisions of this Agreement shall survive the
expiration of this Agreement.
17. This Agreement is subject to cancellation by either PROJECT PARTNER pursuant to the
provisions of A.R.S. Section 38-511.
18. Attached to this Agreement, or contained herein, are the written determinations by the appropriate
attorneys for each PROJECT PARTNER, that these agencies are authorized under the laws of the
State of Arizona to enter into this Agreement and that it is in proper form.
19. If legislation is enacted after the effective date of this Agreement that changes the relationship or
structure of one or more PROJECT PARTNER, the patties agree that this Agreement shall be
renegotiated at the written request of either party.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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MARICOPA COUNTY
Approved and Accepted:
By:
Chairman, Board of Supervisors
Attest:
By:
Clerk of the Board Date
The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section 11-952, as
amended, by the undersigned Deputy County Attorney, who has determined that it is in proper form
and within the powers and authority granted to Maricopa County under the laws of the State of
Arizona.
Deputy County Attorney Date
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TOWN OF QUEEN CREEK
a Municipal Corporation
Attest:
Town Clerk Date
The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section 11-952, as
amended, by the undersigned attorney who has determined that it is in proper form and within the
power and authority granted to the Torrpf Queen Creek under the laws of the State of Arizona.
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Exhibit A Legal Description of County Property
Intergovernmental Agreement for Construction, Construction Management, Operation and
Maintenance of Horseshoe Park and Equestrian Centre (Phase II)
PARCEL NO. 1:
That portion of Tract B, Queen Creek Pecans Unit 1, according to Book 151 of Maps, Page 4, records of
Maricopa County, Arizona, lying within the North 480 feet of the Southwest quarter of Section 28,
Township 2 South, Range 7 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.
PARCEL NO. 2:
That portion of Lot 25, Queen Creek Pecans Unit 1, according to Book 151 of Maps, Page 4, records of
Maricopa County, Arizona, lying within the North 480 feet of the Southwest quarter of Section 28,
Township 2 South, Range 7 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona.
PARCEL NO. 3:
Parcel B, Queen Creek Pecans Unit 1, according to Book 151 of Maps, Page 4, records of Maricopa
County, Arizona; Except that portion of said Parcel B which lies within the North 480 feet of the
Southwest quarter of Section 28, Township 2 South, Range 7 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona; and
Except that portion of said Parcel B which lies within the Easement for Highway Purposes described in
Easement and Agreement for Highway Purposes recorded November 23, 2010 in Recording No, 2010-
1024959, records of Maricopa County, Arizona.
PARCEL NO. 4:
Lot 25, Queen Creek Pecans Unit 1, according to Book 151 of Maps, Page 4, records of Maricopa County,
Arizona; Except that portion of said Lot 25 which lies within the North 480 feet of the Southwest quarter
of Section 28, Township 2 South, Range 7 East of the Gila and Salt River Base and Meridian, Maricopa
County, Arizona.
PARCEL NO. 5:
Intentionally Omitted.
PARCEL NO. 6:
Parcel "A" of QUEEN CREEK PECANS UNIT 1, according to the plat of record in the office of the
County Recorder of Maricopa County, Arizona, in Book 151 of Maps, page 4;
EXCEPT that portion therein conveyed to the Town of Queen Creek in Special Warranty Deed, recorded
July 15, 2005 in Recording No. 2005-0978227 and described as follows: The South 295.00 feet of the East
358.00 feet of Parcel "A", QUEEN CREEK PECANS UNIT 1, according to the plat of record in Book
151 of Maps, page 4 in the office of the Maricopa County Recorder, Maricopa County, Arizona; also
EXCEPT that portion therein conveyed to the Town of Queen Creek in Special Warranty Deed, recorded
April 25, 2008 in Recording No. 2008-0367686 and described as follows: That portion of Parcel "A",
QUEEN CREEK PECANS UNIT 1, a subdivision recorded in Book 151 of Maps, page 4, records of
Maricopa County, Arizona, also being a portion of the Southwest quarter of Section 28, Township 2 South,
Range 7 East of the Gila and Salt River Meridian, Maricopa County, Arizona, described as follows:
COMMENCING at the Southwest corner of said Section 28 from which the South quarter corner of said
Section 28 bears North 89 degrees 33 minutes 53 seconds East, a distance of 2629.17 feet;
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thence along the South line of said Southwest quarter North 89 degrees 33 minutes 53 seconds East, a
distance of 1841.28 feet; thence North 00 degrees 10 minutes 51 seconds -West, a distance of 55.00 feet to
the North right-of-way line of Riggs Road and the POINT OF BEGINNING; thence continuing North 00
degrees 10 minutes 51 seconds West, a distance of 297.70 feet; thence North 63 degrees 01 minutes 20
seconds East, a distance of 489.06 feet to the West line of Lot 27 of said QUEEN CREEK PECANS
UNIT 1; thence along the West line of said Lot 27 South 00 degrees 14 minutes 31 seconds East, a distance
of 221.24 feet to a point on the North line of the South 295.00 feet of said Parcel "A"; thence along said
North line South 89 degrees 33 minutes 53 seconds West, a distance of 358.00 feet to the West line of the
East 358.00 feet of said Parcel "A"; thence South 00 degrees 14 minutes 31 seconds East along said West
line, a distance of 295.00 feet to said North right of way line; thence along said right-of-way line South 89
degrees 33 minutes 53 seconds West, a distance of 79.10 feet to the POINT OF BEGINNING.
PARCEL NO. 7:
Lot 26, Queen Creek Pecans Unit 1, according to Book 151 of Maps, Page 4, records of Maricopa County,
Arizona.
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Exhibit B - Phasing Schedule
Intergovernmental Agreement for Construction, Construction Management, Operation and
Maintenance of Horseshoe Park and Equestrian Centre (Phase II)
Due to limited funding availability and to provide flexibility, the PROJECT will be implemented in
phases as follows:
1) Parking lot and driveways
2) Decomposed granite throughout the park
3) Multi-use trail
4) Plants and irrigation
5) Picnic facilities
6) Lighting
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Exhibit C PROJECT PARTNER Operation/Maintenance
Responsibilities
Intergovernmental Agreement for Construction, Construction Management, Operation and
Maintenance of Horseshoe Park and Equestrian Centre (Phase II)
QUEEN CREEK shall be responsible for the following at the Horseshoe Park and Equestrian
Centre:
• Parking lot surface and driveway access maintenance and repair.
• Park entrance track-out device maintenance.
a Parking lot and park light maintenance.
• General maintenance:
o Walking trails
o Decomposed granite maintenance and repair as needed
o Minor erosion repairs as needed related to irrigation
o Weed control
o Litter control/trash removal
o Signage installation and maintenance
o Hours of operation/access control (control public access and prevent unauthorized
vehicles outside of designated parking areas
o All landscape planting care and replacement as needed
o Maintenance of all park amenities such as shade structures, benches, trash
receptacles, dog waste stations, hitching posts etc.
o Pest/rodent control
o Vandalism/graffiti repairs
• Irrigation system maintenance:
o Maintain/repair all irrigation system components within the park footprint
o Implement water usage tracing system to assist in identifying potential leaks within
buried pipelines and associated components.
COUNTY shall be responsible for the following at the Queen Creek Landfill:
• Maintain storm water control systems, drainage ditches, diversion berms and retention ponds
and inlets
• Maintain access roads to regulated environmental monitoring compliance points (gas probes,
groundwater wells and leachate sumps)
• Maintain the integrity and effectiveness of the final cover/cap system to include repair to any
erosional areas on cap, slopes and berms as needed
• Vent probe maintenance (fencing and signage): No smoking signs
• Maintain track out device and equipment parking/staging areas during general landfill
maintenance events
• Maintain perimeter fencing
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