PHOENIX-#362500-V4-IGA_MIHS FINAL.PDF

AGREEMENT
Maricopa County, a political subdivision of the State of Arizona (“County”) and
the Maricopa County Special Health Care District, a political subdivision of the State of
Arizona (“District”) enter into this Intergovernmental Agreement of this ____day of
_____, 2017, to ensure the efficient provision of important public services to the District
on behalf of the County.
RECITALS
A. The County and the District (hereinafter the Parties) may contract for services
and enter into agreements with one another for joint or cooperative action pursuant to
A.R.S. § 11-951, et seq.
B. The County is authorized by A.R.S. § 11-321 et seq. and its codes and
ordinances to issue building permits.
C. The District is authorized by Article XIII, Section 7 of the Arizona Constitution
and A.R.S. §§ 48-5506 and 48-5541 to enter into an agreement with the County for the
County to issue building permits for District buildings and structures.
D. A.R.S. § 34-461(A) states that:
“Public buildings shall be constructed in compliance with applicable building, plumbing,
electrical, fire prevention and mechanical codes adopted by the city, town, county or fire
district in which the building is located.”
E. The County interprets A.R.S. § 34-461(A) to allow it to issue construction
permits, pursuant to the County’s codes, for any construction it or other political
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subdivisions of the State of Arizona perform within Maricopa County even if the
construction is within a city.
F. Pursuant to A.R.S. § 48-5501.01 D, the District is a political subdivision of the
State of Arizona.
NOW THEREFORE, the County and the District, pursuant to the above and in
consideration of the matters hereinafter set forth, do mutually agree as follows:
AGREEMENT
1. The Recitals are hereby incorporated by reference. The Parties do
acknowledge, represent and warrant, each to the other, that all statements in the
Recitals are true and correct.
2. The County shall issue building permits and perform safety inspections, as
appropriate, for construction submitted to it by the District in accordance with standard
practices of the County. The County will inspect and approve structures in accordance
with the County Construction Codes such as, but not limited to, the Building, Electric,
Plumbing, and Mechanical Code, and the State Fire Code.
3. Although, as a political subdivision of the State of Arizona, the District may self-
permit, the District shall submit to the building permitting and inspection processes of
the County and obtain building permits from the County. Nothing contained herein shall
be construed to relieve the District from the obligation of obtaining, from the authority
having jurisdiction, any and all other permits that may relate to construction, that are not
within the purview of the County.
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4. The District shall pay the County any and all fees required in connection with
the review and issuance of building permits and the completion of applicable safety
inspections, in accordance with the standard fees authorized by the Maricopa County
Board of Supervisors for such services.
5. The District is not entitled to expedited services or non-business hour
inspections other than those mutually agreed to by the Parties in the normal course of
business. The District shall pay for non-business hour inspections and/or dedicated
inspection services that exceed the inspection services normally provided to customers
with a County permit at a rate determined by the applicable fee schedule as approved
by the Maricopa County Board of Supervisors.
6. Only building permits issued subsequent to the effective date of this Agreement
are subject to this Agreement.
7. District buildings shall be constructed in compliance with the State Fire Code
and paragraph 14 below. All construction by the District will be subject to plan review,
permitting and inspection services by the State Fire Marshall, or other authorized
agency with appropriate jurisdiction.
8. The District shall diligently work with applicable fire and police departments to
insure that those departments have all the information needed to provide police and fire
services to District properties. These items include, but are not limited to the following:
a. Fire Department access including current keys;
b. Operational readiness of fire protection equipment and systems as verified
by the applicable Fire Marshall.
c. Fire fighter communications systems;
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d. Field testing fire command room equipment.
9. While the District is not obligated to comply with local zoning ordinance
provisions, the District is encouraged to conduct pre-application meetings with
applicable staff to review each District project site plan to obtain suggested
development and design “requirements”.
10. The District shall obtain applicable approvals and permits for all necessary
water and sewer main extensions and taps to existing lines, storm sewer extensions
and connections, street and sidewalk improvements, driveways and curb cuts,
discharge of storm water and landscaping. The District shall obtain permits, plan review
and inspections and pay all applicable fees to the applicable jurisdiction that relate to
utilities and work within rights-of-way.
11. The District, as a political subdivision of the State of Arizona, is exempt from
County zoning and drainage regulations and requirements; however compliance with or
exemption from County drainage regulations and requirements does not relieve the
District from liability if the District’s actions cause damage to any other person or
property.
12. The District shall comply with applicable floodplain, storm water, and air quality
regulations.
13. To the extent permitted by law, the District shall indemnify and hold harmless
the County from any liability for all items related to the District inspection and approval,
including but not limited to ADA access, exiting, smoke removal, resistance to fire
spread and elevators. Such indemnity shall be effective from the date the County
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assumed such authority for inspections of District facilities and construction and, in no
instance, shall be earlier than the date of this Agreement.
14. The County will apply the City of Phoenix sprinkler ordinance, Phoenix Fire
Code §§ 1003.2.2 and 1003.2.2.1, nationally recognized model fire code such as the
2003 International Fire Code and any subsequent amendments, and Article 9 of the
Phoenix Fire Code (Fire Department Access and Water Supply) to construction of new
District buildings located within the City of Phoenix, and to existing District structures
when there is a change of use or occupancy.
15. The District will ensure that the inspection and approval of all elevators
resulting from new construction will be in accordance with State requirements. All
existing elevators will be inspected in accordance with State requirements.
16. Subject to the terms of this Agreement, the Parties shall comply with all federal,
state and local laws, rules, regulation and standards, without limitation. Any change in
governing laws, rules and regulations during the term of this Agreement shall apply but
do not require an amendment.
17. If any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions shall continue to be valid and enforceable to the full extent
permitted by law.
18. This document constitutes the entire agreement between the Parties pertaining
to the subject matter hereof, and all prior or contemporaneous agreements and
understandings, oral or written, are hereby superseded and merged herein. This
Agreement may be modified, amended, altered or extended only by a written
amendment signed by the Parties.
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19. This Agreement shall commence on the date it is executed by the Chairman of
the Maricopa County Board of Supervisors and shall be for a period of twenty five (25)
years unless sooner terminated by either Party.
20. Both parties acknowledge that this Agreement is subject to cancellation by
either party pursuant to the provisions of A.R.S. § 38-511.
21. The Parties agree that they are not currently engaged in, and agree that for the
duration of the Agreement they will not engage in, a boycott of Israel, as that term is
defined in A.R.S. §35- 393
22. This Agreement may be terminated by either Party upon sixty (60) days written
notice to the other Party.
MARICOPA COUNTY BOARD OF SUPERVISORS
By: _____________________________
Chairman, Board of Supervisors
Date: _____________________________
ATTEST: __________________________
Clerk of the Board
APPROVED AS TO FORM:
Deputy County Attorney
Maricopa County, Arizona
Date
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MARICOPA COUNTY SPECIAL HEALTH CARE
DISTRICT
By: _____________________________
Chairman, Board of Directors
Date______________________________
ATTEST: __________________________
[Title]
APPROVED AS TO FORM:
MIHS Attorney
Date
PHOENIX 54381-39 362500v4
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