IGA WITH SCOTTSDALE FOR MARICOPA TRAIL SEGMENTS 23 24 25.PDF

WHEN RECORDED RETURN TO:
CITY OF SCOTTSDALE
ONE STOP SHOP RECORDS
Scott Hamilton
7447 E Indian School Road
Scottsdale, AZ 85251
Contract No. 2017-038-COS
(Resolution No. 10720)
INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
CITY OF SCOTTSDALE
THIS INTERGOVERNMENTAL AGREEMENT, hereinafter referred to as “AGREEMENT,” is
made and entered into between the County of Maricopa, a political subdivision of the State of
Arizona, hereinafter referred to as the “COUNTY,” and the City of Scottsdale an Arizona
Municipal Corporation and hereinafter referred to as the “CITY,” together hereinafter referred to
as the “PARTIES” or individually as a “PARTY”.
WITNESSETH
WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT
pursuant to A.R.S. § 11-951 et seq.; and
WHEREAS, the COUNTY, through its Parks and Recreation Department provides
recreational opportunities and programs to the public; and
WHEREAS, the CITY provides transportation and recreational opportunities and
programs, including off-street non-motorized multiuse paths and trails, within the corporate limits
of the CITY; and
WHEREAS, the COUNTY, through its Parks and Recreation Department, desires to
partner with the CITY to place signs on a multi-modal trail and path section necessary to
continue the Maricopa Trail and this portion of the Maricopa Trail is identified as Segments 23,
24 and 25 (the “TRAIL” or “TRAILS”); and
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WHEREAS, such a proposed trail section would provide a segment of an alternative
transportation route through the east valley communities, including the CITY, and sections of
the trails that connect Spur Cross Ranch Conservation Area to McDowell Mountain Regional
Park and to Usery Mountain Regional Park; and
WHEREAS, since this Agreement will require administrative action from time to time to
carry out the spirit and intent of the Agreement, each of the COUNTY’s and CITY’s Directors or
designee is hereby given the authority and charged with the responsibility for proper
administration of this AGREEMENT, whether or not specific authority is granted in any provision
of this AGREEMENT.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, and
mutual promises and agreements of the PARTIES herein, it is agreed as follows:
1. PURPOSE
The purpose of this AGREEMENT is for the CITY to provide support for the portions of the
TRAILS that are proposed by the COUNTY and are part of the CITY’S Master Plans to also be
designated “The Maricopa Trail”.
2. PROJECT DESCRIPTION
2.1 The TRAIL will follow routes designated as part of the CITY’s Shared Use Paths,
Trails outside the McDowell Sonoran Preserve, and within the McDowell Sonoran
Preserve trail system. The TRAIL will follow a route between the Arizona Canal
and the Tonto National Forest, described as follows:
Begin at the Nature Area at the northeast corner of the Arizona Canal and
Hayden Road; Follow the path north along the west side of Hayden Road to
McCormick Parkway; west on the north side of McCormick Parkway to Indian
Bend Wash; north on the Indian Bend Wash Path to the underpass under the
Pima Freeway (AZ Loop 101); north to Shea Boulevard; north to Cactus Road at
96th Street; east along the trail on the south side of Cactus Road to the east side
of Frank Lloyd Wright Boulevard, ; northwest on the Central Arizona Project
Canal Trail to the Quartz Trail; east on the Quartz Trail to the Paradise Trail;
north on the Paradise Trail to the Gateway Loop Trail; west on the Gateway Loop
Trail to the Windgate Pass Trail; northeast on the Windgate Pass Trail to the
Windmill Trail; east on the Windmill Trail to McDowell Mountain Park.
The TRAIL continues through McDowell Mountain Park using the park’s trail
system and exiting the northwest corner of the park; thence west on the County
Park Connector Trail to the Gooseneck Trail; west on the Gooseneck Trail to
128th Street; north on the Gooseneck Trail to Rio Verde Drive; east on the
Gooseneck Trail to the Black Hill Trail; north on the Black Hill Trail to the
Turpentine Trail; northeast on the Turpentine Trail to the Bootlegger Trail; north
on the Bootlegger Trail to the Granite Mountain Loop Trail; northwest on the
Granite Mountain Loop Trail to the Branding Iron Trail; west on the Branding Iron
Trail to The Divide Trail; north on The Divide Trail to the Dove Valley Trail;
northwest on the Dove Valley Trail to the shared boundary of the Scottsdale
McDowell Sonoran Preserve and the Tonto National Forest.
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2.2 A graphic representation of the TRAIL is on the attached “Trail Map,” Exhibit A.
These corridors will create an off-street multimodal trail opportunity as part of the
TRAIL within the CITY’S corporate boundaries. This TRAIL is a connecting piece
of the Maricopa Trail between the Spur Cross Ranch Conservation Area,
McDowell Mountain Regional Park, and Usery Mountain Regional Park through
neighboring jurisdictions.
3. RESPONSIBILITIES
3.1 It is agreed that the COUNTY will provide the following:
3.1.1 Provide to the CITY signage or other route markers such as decals to be
used in designating the TRAIL as the Maricopa Trail.
3.1.2 Partner with and/or support the CITY in future efforts to secure funding for
TRAIL improvements including, but not limited to Letters of Support on
applications for funding.
3.1.3 Display this portion of the TRAIL on the COUNTY’S maps and website.
3.2 It is agreed that the CITY will provide the following:
3.2.1 Designate the route of the TRAIL with signage or route markers. These
may be metal signs provided by the COUNTY and installed by the CITY,
or decals provided by the COUNTY and added to existing wayfinding
signs by the CITY. As wayfinding signs are replaced over time, the
Maricopa Trail designation may be included in the artwork for
replacement signs.
3.2.2 Maintain TRAILS within the CITY’S corporate boundaries, unless they are
maintained by private property owners through agreements or plats
already in place.
3.2.3 Include TRAILS as part of the CITY’s Transportation Master Plan and
trails and paths map publications.
3.2.4 Assure that TRAILS will remain as part of the CITY’S Transportation
Master Plan and General Plan. Encourage and support, through future
funding opportunities as they become available, any improvements to the
trails along the TRAIL alignment.
3.2.5 Provide emergency services as needed along the TRAIL within the
CITY’s corporate boundaries as defined by the current policies and
agreements of the CITY and as modified from time-to-time in the sole
discretion of the CITY.
4. ADMINISTRATIVE ACTIONS
As this AGREEMENT may require administrative action from time to time to carry out the spirit
and intent of the AGREEMENT, the COUNTY’S and CITY’S Preserve and Transportation
Directors or designee is hereby given the authority and charged with the responsibility for proper
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administration of this AGREEMENT, whether or not specific authority is granted in any provision
of this AGREEMENT.
5. TERM OF AGREEMENT
The term of this AGREEMENT shall begin on the date of execution by the Maricopa County
Board of Supervisors, and shall expire ten (10) years thereafter except that the provisions
providing for the use of the right of way for the TRAIL shall continue for so long as the TRAIL
continues to exist and to the extent defined and permitted by the legal entitlement necessary for
the TRAIL defined in Section 2. This AGREEMENT may be extended or amended upon mutual
written agreement of both parties and as described in Section 10 of this AGREEMENT.
6. TERMINATION
6.1 Termination by the Parties.
Each PARTY shall have the right to terminate this AGREEMENT by mailing the
other PARTY written notice (Section 13) of termination by certified mail, return
receipt requested, at least thirty (30) days prior to the effective date of said
termination, subject however to the continued use of the TRAILS.
6.2 Termination by Performance.
The PARTIES recognize that performance by COUNTY and the CITY under this
AGREEMENT may be dependent upon the appropriation of funds by the State
Legislature of Arizona or the Maricopa County Board of Supervisors or the
Scottsdale City Council. Should the Legislature or the Board or the Council at
any time fail to appropriate the necessary funds for such performance, then, by
written notice to COUNTY or to the CITY by the other PARTY this AGREEMENT
may be cancelled with no further duty or obligation hereunder.
7. ASSIGNMENT AND DELEGATION
Neither PARTY may assign any rights hereunder without the express written prior consent of
both PARTIES.
8. DISPUTES
This AGREEMENT shall be subject to arbitration as may be required by A.R.S. § 12-1518.
9. 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 incorporated herein and made a part
hereof.
10. 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
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PARTIES hereto. Significant changes in the scope of work may be negotiated, subject to a fully
executed contract amendment.
11. 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.
12. 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.
13. NOTICES
All notices under this AGREEMENT, including request for reimbursement, and payments on
such requests shall be emailed, mailed or delivered to the party to receive such notice, and shall
be in writing and shall be emailed or mailed sent by U.S. Postal Service, postage prepaid, and
addressed to the following individuals:
For the CITY: Mr. Kroy Ekblaw, Preserve Director
City of Scottsdale
7447 East Indian School Road #300
Scottsdale, AZ 85251
(480) 312-7064
Email: Kekblaw@ScottsdaleAZ.gov
Mr Paul Basha, Transportation Director
City of Scottsdale
7447 East Indian School Road, Suite 205
Scottsdale, AZ 85251
(480) 312-7651
Email: Pbasha@scottsdaleAZ.gov
For the COUNTY: Mr. Richard J. Cardin, Director
Maricopa County Parks and Recreation Department
41835 North Castle Hot Springs Road
Morristown, AZ 85342
(928) 501-9200
Email: rjcardin@mail.maricopa.gov
14. COMPLIANCE WITH NON-DISCRIMINATION LAWS
The PARTIES agree to comply with all applicable state and federal laws, rules, regulations and
executive orders governing equal employment opportunity, non-discrimination, and affirmative
action.
15. INCORPORATION OF RECITALS
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The recitals to this AGREEMENT are hereby affirmed by the PARTIES as true and correct and
are incorporated in and made a part of this AGREEMENT by this reference.
16. EXHIBITS
All exhibits attached to and referenced in this AGREEMENT are by this reference incorporated
herein.
17. WAIVER
No waiver by any PARTY of a breach of this AGREEMENT will be construed as a waiver of
succeeding breach of the same or any other covenant of this AGREEMENT. No delay
exercising any right granted by this AGREEMENT will constitute a waiver of that right.
18. INDEMNIFICATION
The PARTIES hereby agree that to the extent permitted by law, each PARTY will defend,
protect, release, indemnify and save the other PARTY harmless, including any of the PARTY’S
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 directly or indirectly, in whole or in part, out of the performance or
nonperformance by the indemnifying party of any of the provisions of this AGREEMENT. Each
PARTY hereby 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, directly, or indirectly, in whole or in part, out of or in any way connected with the
performance or nonperformance of this AGREEMENT, except such injury or damage as shall
have been occasioned 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, officer’s, 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.
19. INSURANCE
Each PARTY shall maintain Commercial General Liability (CGL) insurance coverage for losses
associated with this AGREEMENT in an amount not less than $1,000,000 per occurrence and
$2,000,000 aggregate with the other PARTY to be named as an additional insured. The
PARTIES acknowledge that Maricopa County and The City are self-insured as provided in
A.R.S. § 11-981 and that this self-insurance fully complies with the requirements under this
section.
20. NONLIABILITY OF OFFICIALS AND EMPLOYEES
No official, representative, agent, attorney or employee of the CITY shall be personally liable to
COUNTY, or to any successor in interest to COUNTY, in the event of any default by the CITY or
for any amount which may become due to COUNTY or successor, or with respect to any
obligation of the CITY under the terms of this AGREEMENT.
No official, representative, agent, attorney or employee of the COUNTY shall be personally
liable to the CITY, or any successor in interest to the CITY, in the event of any default by the
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COUNTY for any amount which may become due to the CITY of successor, or with respect to
any obligation of the COUNTY under the terms of this AGREEMENT.
21. 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 on the Project to
ensure that the other PARTY and its contractors and subcontractors are complying with the
above-mentioned warranty.
22. AUTHORITY
Each PARTY covenants and warrants to the other PARTY that: (a) it is duly authorized to
execute this AGREEMENT; and (b) the execution of this AGREEMENT has been duly
authorized by the applicable PARTY.
23. COUNTERPARTS
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 one and the same instrument.
Faxed and copied signatures are acceptable as original signatures.
24. TIME IS OF THE ESSENCE
Time is of the essence of this AGREEMENT. If the date for performance of any obligation
hereunder or the last day of any time period provided herein shall fall on a Saturday, Sunday or
legal holiday, then said date for performance or time period shall expire on the first day
thereafter which is not a Saturday, Sunday or legal holiday.
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MARICOPA COUNTY CITY OF SCOTTSDALE, an Arizona Municipal
BOARD OF SUPERVISORS Corporation
_______________________________ By:_________________________________
Chairman Date W.J. “Jim” Lane, Mayor Date
ATTEST ATTEST
_______________________________ By:_________________________________
Clerk of the Board Date Carolyn Jagger, City Clerk Date
Approved as to Form: Approved as to Form:
Office of the City Attorney
_______________________________ ___________________________________
Attorney for Maricopa County Date Bruce Washburn, City Attorney Date
By Joe Padilla, Deputy City Attorney
STATE OF ARIZONA )
) ss.
County of Maricopa )
This document was acknowledged before me this _____ day of _______________,
2017, by , for and on behalf of Maricopa County a Political Subdivision of the
State of Arizona.
My commission expires: NOTARY PUBLIC
STATE OF ARIZONA )
) ss.
County of Maricopa )
This document was acknowledged before me this _____ day of _______________,
2017, by W. J. “Jim” Lane, Mayor, for and on behalf of The City of Scottsdale, an Arizona
Municipal Corporation.
My commission expires: NOTARY PUBLIC
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