IGA - CITY OF SURPRISE - COORDINATION OF ROADWAY STANDARDS.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MAR1COPA COUNTY AND THE CITY OF SURPRISE
FOR COORDINATION OF ROADWAY STANDARDS
RELATED TO PRIVATE DEVELOPMENTS
(C-64-17- -M-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the City of Surprise, a
municipal corporation (City). The County and City are collectively referred to as the
Parties or individually as a Party.
STATUTORY AUTHORIZATION
1 A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorize the County to lay
out, maintain, control and manage public roads within the County.
2. A.R.S. Sections 11-951 et. seq. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.
3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorize the City to lay out
and establish, regulate and improve streets within the City and to enter into this
Agreement.
DURATION
4. This Agreement shall become effective as of the date it is approved by the
Maricopa County Board of Supervisors and remain in full force and effect for five
(5) years (Term) except that it may be amended upon written Agreement by both
Parties. Any Party may terminate this Agreement for any reason upon furnishing
the other Party with a written notice at least thirty (30) days prior to the effective
termination date.
BACKGROUND
5. When private developments occur within the jurisdiction of the City, the roadways
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are generally required to be designed and constructed to meet the City's
standards. Similarly, when private developments occur within the jurisdiction of
the County, the roadways are generally required to be designed and constructed
to meet the County's standards.
6. There are instances where a development site is located in the City's jurisdiction
and adjacent roadways to be constructed by the developer are located in the
County's jurisdiction. In such cases, the adjacent roadways are normally
required to meet County standards. However, if the City is planning to annex the
adjacent roadways, and the City is willing to commit to the annexation within a
reasonable time frame, it may be reasonable to consider allowing the adjacent
roadways to be designed and constructed to City standards.
7. There are other instances where a development site is located in the county's
jurisdiction and a city is planning to annex the development area and its
roadways. In such cases, it may be reasonable to consider allowing the
roadways within the County jurisdiction to be designed and constructed to City
standards if the City is willing to commit to the annexation within a reasonable
time frame.
8. In the situations described under Paragraphs 6 and 7 of this Agreement, it is a
challenge for the developer to be required to meet both City and County
standards rather than have one consistent set of standards throughout the
development period. It can also be a challenge for the developer if annexation
occurs during the development period because schedule and costs will be
impacted if standards must be converted from County standards to City
standards during the development period.
PURPOSE OF THE AGREEMENT
9. The purpose of this Agreement is to authorize the County Transportation Director
(or designee) and the City Manager (or designee) to enter into Letters of
Agreement (LOAs) to allow application of City standards on development-related
roadways in County jurisdiction under terms provided under this Agreement.
TERMS OF THE AGREEMENT
10. Responsibilities of the County:
10.1 The County Transportation Director or designee may, in coordination with
the City Manager or designee, determine roadways suitable for an LOA
and enter into LOAs with the City for the purposes authorized in this
Agreement.
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10.2 The County Transportation Director or designee may agree to amend the
LOA, in writing, as provided in Paragraph 13 of this Agreement.
10.3 The County Transportation Director or designee shall retain appropriate
files related to any LOA entered into under the authority of this Agreement
until all terms provided in the Agreement and the pertinent LOA have been
satisfied or as otherwise required by law.
11. Responsibilities of the City:
11.1 The City Manager or designee may, in coordination with the County
Transportation Director or designee, determine roadways suitable for an
LOA and enter into LOAs with the County for the purposes authorized in
this Agreement.
11.2 The City Manager or designee may agree to amend the LOA, in writing, as
provided in Paragraph 13 of this Agreement.
11.3 The City Manager or designee shall retain appropriate files related to any
LOA entered into under the authority of this Agreement until all terms
provided in the Agreement and the pertinent LOA have been satisfied or
as otherwise required by law.
12. Responsibilities of the Parties:
Each LOA entered into under authority of this Agreement shall include the
following:
12.1 A description of the proposed development and the jurisdiction in which it
is located.
12.2 A list of the roadways included in the development or otherwise impacted
by the development. A map may be included if deemed appropriate by the
County Transportation Director (or designee) or the City Manager (or
designee). County roadways that are not intended to be annexed shall
not be subject to this Agreement.
12.3 A statement that the City commits to annexation of the subject roadways
no later than upon completion of the development and that the City
accepts all liability associated with such roadways as well as all
maintenance and operation responsibilities upon approval of an applicable
LOA.
12.4 A statement that the roadways will be designed and constructed to City
standards.
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12.5 A statement that the City will assume responsibility for plan review,
permitting, inspections, and traffic control for the listed roadways to be
annexed. The City shall ensure that the appropriate liability insurance and
project bonding (assurance) are in place. The insurance shall list
Maricopa County as "Additional insured" and regardless of the form, the
project bonding shall require written confirmation of the satisfaction of
Maricopa County that project requirements have been met and the
assurance may be released.
12.6 Other terms as may be deemed necessary by the County Transportation
Director (or designee) and the City Manager (or designee).
13. After the County Transportation Director or designee and the City Manager or
designee enter into an LOA, if unexpected or unforeseen circumstances arise
that warrant an amendment to an LOA, the County Transportation Director or
designee and the City Manager or designee may agree to amend the LOA, in
writing.
14. Nothing in any LOA shall be interpreted to enlarge or expand the County's or the
City's authority.
GENERAL TERMS AND CONDITIONS
15. By entering into this Agreement, the Parties agree that to the extent permitted by
law, each Party will indemnify, defend and save the other Parties 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 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 with 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 attorney's fees.
16. This Agreement shall be subject to the provisions of A.R.S. Section 38-511.
17. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and
further acknowledge that:
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17.1 Any contractor or subcontractor who is contracted by a Party to perform
work on the Project shall warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their
compliance with A.R.S. Section 23-214(A), and shall keep a record of the
verification for the duration of the employee's employment or at least three
(3) years, whichever is longer.
17.2 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.
17.3 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.
17A Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
18. 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.
19. 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 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.
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20. 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 West Durango Street
Phoenix, Arizona 85009
City:
City of Surprise
Attn: City Manager
16000 North Civic Center Plaza
Surprise, Arizona 85374
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.
21. This Agreement does not imply authority to perform any tasks, or accept any
responsibility, not expressly stated in this Agreement.
22. This Agreement does not create a duty or responsibility unless the intention to do
so is clearly and unambiguously stated in this Agreement.
23. 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.
24. 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 Surprise City Council 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.
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25. 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.
26. 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 hereto. Each Party has reviewed this
Agreement and has had the opportunity to have it reviewed by legal counsel.
27. 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.
28. 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.
29. 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.
30. Nothing contained in this Agreement shall create any partnership, joint venture or
other agreement between the Parties hereto. 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 person or entity shall have any right or cause of action under this
Agreement.
31. 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.
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32. 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.
33. 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.
34. 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.
35. The Parties hereby agree that the venue for any claim arising out of or in any
way related to this Agreement shall be Maricopa County, Arizona.
36. This Agreement shall be governed by the laws of the State of Arizona
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY CITY OF SURPRISE
Recommended by: Recommended by:
7)-°11.
Jennif T\Toth, .E. 11 ate Bob VVingenroth Date
Tra pojtation Director City Manager
Approved and Accepted by: Approved and Accepted by:
Chairman Date Sharon Wolcott Date
Board of Supervisors Mayor
Attest by: Attest by:
, -
61erk e Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY 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 under the laws of the State of
Arizona.
c
Deputy County Attorney Date 95r9 Attorney Ddt6
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RESOLUTION #2017-37
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY
OF SURPRISE, ARIZONA APPROVING AN INTER-
GOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY
FOR COORDINATION OF ROADWAY STANDARDS RELATED
TO PRIVATE DEVELOPMENTS.
WHEREAS, pursuant to Arizona Revised Statute §11-951, et seq., the City of
Surprise has the authority to enter into an intergovernmental agreement with other
governmental entities for the purposes set forth within;
WHEREAS, the Parties desire to enter into an intergovernmental agreement
in order to facilitate a cooperative agreement to coordinate roadway standards related
to private developments; and
WHEREAS, this Agreement will formalize a reciprocal practice between the
Parties.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City
of Surprise, Arizona, as follows.
Section 1. The Intergovernmental Agreement between the City of Surprise
and the Maricopa County, attached as Exhibit A, is approved.
Section 2. The City Manager, or his designee, is hereby authorized to execute
and submit all documents and other necessary or desirable instruments in connection
with said agreement.
APPROVED AND ADOPTED this a-liv day of , 2017.
Sharon R. Wolcott, Mayor
Attest: Approved as to form:
,411, iP
Sher gi uilar, City C RobiftWiTigo, City Attorney
Resolution #2017-37
RFLS #5376
Rev 01/16