IGA BUCKEYE MC TRAIL SEGMENT 33 AND 35 WITH EXHIBITS FINAL.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
CITY OF BUCKEYE
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 Buckeye, a municipal corporation of the State of Arizona, 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 recreational opportunities and programs,
including off-street nonmotorized multiuse paths, within the corporate limits of the CITY;
and
WHEREAS, the COUNTY, through its Parks and Recreation Department, desires
to partner with the CITY to construct a multi-modal trail section necessary to continue
the Maricopa Trail and these portions of the Trail are identified as Segment 33 and
Segment 35 (the “TRAIL”) and
WHEREAS, such proposed TRAIL sections would provide an alternative
transportation route through the west valley communities, including the City of Buckeye,
with sections of the trails that connect White Tank Mountain Regional Park, Estrella
Mountain Regional Park and Buckeye Hills 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, the COUNTY’s Director of
Parks and Recreation and CITY’s Director of Community Services 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.
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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:
GENERAL PROVISIONS
1. PROJECT DESCRIPTION
1.1 Segment 35 of the TRAIL will follow routes designated as part of the
CITY’s Parks and Recreation Master Plan. The route will follow the
Jackrabbit Trail alignment south to the Indian School Road alignment and
travel west on the Verrado Community trail system and south along
Acacia Wash on the east side of that community; it will cross under
Interstate 10 at the Tuthill Road alignment to the Maricopa County Flood
Control District White Tank 4 Flood Retarding Structure.; It will follow a
100 foot trail easement inside that structure east back to the Jackrabbit
Trail alignment and follow that road south to the Yuma Road alignment; it
will follow the Yuma Road alignment east to the city limits at Perryville
Road where it will meet the TRAIL through the City of Goodyear as
described by the attached “Trail Map”, Exhibit A. These corridors will
create an off-street multimodal trail opportunity as part of the COUNTY’S
TRAIL within the CITY’S corporate boundaries. This segment of the
TRAIL (Segment 35) is a connecting piece of the Maricopa Trail between
White Tank Mountain Regional Park and Estrella Mountain Regional Park
through neighboring jurisdictions.
1.2 Section 33, the connection between Estrella Mountain Regional Park to
Buckeye Hills Regional Park will also follow the CITY’S trail system that
will ultimately coincide with the El Rio development as per Exhibit B,
attached hereto.
2. PURPOSE OF AGREEMENT
The purpose of this AGREEMENT is for the CITY to provide support for the TRAIL
segments that are proposed by the COUNTY and which are part of the CITY’S Parks
and Recreation Master Plan.
3. RESPONSIBILITIES
3.1 Subject to budget law and COUNTY appropriation of necessary funds, it is
agreed that the Maricopa County will provide the following:
3.1.1 Provide signage designating the TRAIL as the Maricopa Trail.
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3.1.2 Use its best efforts to partner with and/or support the CITY in future
efforts to secure funding for TRAIL improvements.
3.1.3 Construct the TRAIL segment subject to this AGREEMENT.
3.1.4 Maintain the trail signage.
3.2 Subject to budget law and CITY appropriation of necessary funds, it is
agreed that the City of Buckeye will provide the following:
3.2.1 Maintain the TRAIL segment within the CITY’S corporate
boundaries when not maintained by other parties
Section 35
3.2.1.1 Trail along Jackrabbit Trail from Northern Avenue south to
Indian School Road will be maintained by the Flood Control
District of Maricopa County.
3.2.1.2 Trail along north side of Indian School Road from
Jackrabbit Trail to Tuthill Road alignment maintained by
Verrado DMB.
3.2.1.3 Trail along Acacia Wash on the east side of the Verrado
community maintained by Verrado DMB.
3.2.1.4 Trail through box culvert under I-10 at Tuthill maintained by
the COUNTY.
3.2.1.5 Trail through easement on Arizona State Lands maintained
by the COUNTY.
3.2.1.6 Trail through FRS#4 in 100-feet easement maintained by
the COUNTY.
3.2.1.7 Trail on west side of Jackrabbit Trail within right of way
south of FRS#4 maintained by the CITY.
3.2.1.8 Trail on Yuma Road within right of way from Jackrabbit
Trail east to Perryville Road maintained by the CITY.
Section 33.
Section 33 will eventually follow the El Rio alignment on the north
side of the Gila River connecting Estrella Mountain Regional Park
to Buckeye Hills Regional Park. Since this path may take decades
to construct, as an interim condition, the trail is shown on the south
bank of the Gila River predominately on lands owned by the Bureau
of Land Management, Maricopa County, and Arizona State Land
Department and will be maintained by the COUNTY.
3.2.2 Include the TRAIL segment as part of the CITY’s Parks and
Recreation Master Plan.
3.2.3 Assure that the TRAIL segment will remain as part of the CITY’S
Parks and Recreation Master Plan. Encourage and support
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through future funding opportunities as they become available any
improvements to the surfacing along the TRAIL alignment.
3.2.4 Provide emergency services as needed along the TRAIL segment
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 Director of Parks and Recreation
and City’s Director of Community Services 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.
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 1. This AGREEMENT may
be extended or amended upon mutual written agreement of both PARTIES and as
described in paragraph 10 of this AGREEMENT.
6. TERMINATION
Each PARTY shall have the right to terminate this AGREEMENT by mailing the other
PARTY written notice 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 right-of-way for the TRAIL.
If both the COUNTY and CITY jointly agree to improve or construct a trail segment, the
PARTIES may establish a sub agreement or amendment to this agreement for the
project recognizing that performance by COUNTY and the CITY under that sub
agreement or amendment may be dependent upon the appropriation of funds by the
State Legislature of Arizona or the Maricopa County Board of Supervisors or the
Buckeye 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 either PARTY the sub agreement or amendment to this
agreement may be cancelled with no further duty or obligation hereunder.
7. ASSIGNMENT AND DELEGATION
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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 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: City Manager
City of Buckeye
530 East Monroe Avenue
Buckeye, Arizona 85326
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and
Cheryl Sedig, Director
Community Services Department
City of Buckeye
530 East Monroe Avenue
Buckeye, AZ 85326
(623) 349-6302
Email: csedig@buckeyeaz.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. INCOROPORATION OF RECITALS
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 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
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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. To the extent permitted by law, 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 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 is 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 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. 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.
22. 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
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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.
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IN WITNESS HEREOF, the Parties have executed this AGREEMENT on the date
indicated.
MARICOPA COUNTY CITY OF BUCKEYE
BOARD OF SUPERVISORS
________________________________ ________________________________
Chairman Date City Manager Date
ATTEST
________________________________ ________________________________
Clerk of the Board Date City Clerk Date
Approved as to Form: Approved as to Form:
________________________________ ________________________________
Attorney for Maricopa County Date City Attorney Date
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EXHIBIT A
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EXHIBIT B
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