2024-01-10_27TH-AVE-PC 504 -RC-ESTERBROOKS-BLVD-TO-LOWER-BUCKEYE-IGA-FINAL-SIGNED.PDF

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INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND CITY OF PHOENIX FOR IMPROVEMENTS TO
27TH AVENUE FROM RC ESTERBROOKS BOULEVARD TO LOWER BUCKEYE ROAD
(C-64-24-____-X-00)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County), and the City of Phoenix, a municipal corporation
(City). The County and the City are collectively referred to as the Parties or individually as a
Party.
This Agreement shall become effective as of the date it has been approved by both the Maricopa
County Board of Supervisors and the Phoenix City Council and signed in accordance with Arizona
Revised Statutes (A.R.S.) §11-952, as amended.
STATUTORY AUTHORIZATION
1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251 and §§
28-6701 et. seq., to lay out, maintain, control, and manage public roads within the County.
2. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and
establish, regulate, and improve streets within the City and to enter into this Agreement.
3. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into
Intergovernmental Agreements for the provision of services or for joint or cooperative
action.
BACKGROUND
4. The City has a future planned project to widen 27th Avenue from Lower Buckeye Road to
Buckeye Road to five lanes, sidewalks, curb and gutter, traffic signals, streetlights,
improved drainage facilities, wet utilities, and dry utilities (Project). The City’s
Transportation Improvement Plan has not established funding for the Project.
5. The portion of 27th Avenue from RC Esterbrooks Boulevard to Durango Street has already
been widened to 5 lanes and includes curb, gutter, drainage, and sidewalk.
6. The portion of 27th Avenue from Lower Buckeye Road to RC Esterbrooks Boulevard is a
two-lane roadway with a discontinuous curb and gutter, minimal drainage, and does not
have a sidewalk. It is adjacent to the County’s Animal Care and Control (ACC) facility and
the 27th Avenue Fuel Station facility.
7. The County has agreed to participate financially in the segment improvements from Lower
Buckeye Road to R. C. Esterbrooks Boulevard when the Project starts construction.

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PURPOSE OF THE AGREEMENT
8. This Agreement aims to identify and define the responsibilities of the County and City for
the Project, including but not limited to cost sharing, utility relocation, construction, and
construction management.
TERMS OF THE AGREEMENT
9. The County agrees to:
9.1 Not review or be responsible for plans or be liable for design deficiencies, traffic
control, construction, or inspection approvals for compliance with the City’s design
standards.
9.2 Contribute a share proportionate to the County-owned parcel street frontage of 27th
Ave for the length of the project between Lower Buckeye Road and Buckeye Road,
which equates to 25 percent of the final project cost established at the time of
construction.
9.3 Upon completion of construction and receipt of an invoice from the City, the
County shall remit payment to the City within thirty (30) working days for the
County’s Project Cost contribution equivalent to 25 percent of the total project cost.
The County shall retain sole discretion to notify the City of any advanced
availability of funds and may remit payment to the City before the end of
construction.
9.4 Pay invoices submitted by the City within thirty (30) days of receipt.
10. The City Agrees to:
10.1 Act as the lead agency for the design and construction of the Project. It shall
assume responsibility and liability for the design, right-of-way acquisitions, utilities,
utility relocation, construction and construction management, inspection,
operation, maintenance, and other aspects of the Project.
10.2 Design and construct the Project to City standards per the approved plans and
specifications. The City shall be responsible for reviewing and approving all plans
and for construction and inspection approvals.
10.3 Construct a secondary driveway access for the County’s ACC adjacent to 27th
Avenue, approximately 515 feet south of R.C. Esterbrooks Boulevard.
10.4 Be responsible for all Project Costs beyond the County’s contribution.
10.5 Be financially responsible for the dedicated time by their staff as it relates to this
Project. The cost shall not be credited toward the City’s Project Cost share
obligation.
10.6 Upon completion of the construction of the Project, the City shall invoice the
County for the County’s cost contribution.

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10.7 Coordinate with the County for the joint programming of project costs in each
agency’s Capital Improvement Program.
GENERAL TERMS AND CONDITIONS
11. To the extent permitted by law, each Party will indemnify, defend, and save the other Party
harmless, including any of the Party’s departments, agencies, officers, employees, elected
officials, or agents, from and against all liability, loss, expense, damage or claim of any
nature whatsoever which is caused by any activity, condition or event arising out of the
performance or nonperformance by the indemnifying Party of any of the provisions of this
Agreement. 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.
12. This Agreement shall become effective as of the date it is executed by all the governing
bodies of the Parties and shall remain in full force and effect until all stipulations previously
indicated have been satisfied,
13. This Agreement may be amended only upon written Agreement by all Parties.
14. This Agreement is subject to the provisions of A.R.S. § 38-511.
15. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
15.1 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. § 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.
15.2 Any breach of the warranty shall be deemed a material breach of this agreement,
of which the breaching party may be liable for penalties, including termination of
the agreement.
15.3 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
regular working hours to facilitate such an inspection.
15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
16. Any contractor or subcontractor who engages in for-profit activity and has ten or more
employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently
engaged in and agrees for the duration of this Agreement to not engage in, a boycott of
goods or services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.

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17. Each Party warrants and certifies that no contractor or vendor under contract with the
Party to provide goods or services toward the accomplishment of the objectives of this
Agreement currently has, and for the duration of the contract will not, use:
1. The forced labor of ethnic Uyghurs in the People's Republic of China.
2. Any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
3. Any contractors, subcontractors, or suppliers that use the forced labor or
any goods or services produced by the forced labor of ethnic Uyghurs in
the People's Republic of China.
If any Party becomes aware during the term of the Agreement that any contractor or
vendor is not in compliance with this paragraph, the Party shall notify the other Party within
five business days of becoming aware of the noncompliance. Failure of the Party to
provide a written certification that the contractor or vendor has remedied the
noncompliance within one hundred eighty (180) days after notifying the public entity of its
noncompliance, this Agreement shall terminate unless the Term of this Agreement shall
end prior to said one hundred eighty (180) day period.
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 that has
provided funding that will be used in the Project described in this Agreement.
19. It shall be a material breach of this Agreement for a Party to fail to observe or perform any
of the material covenants, conditions, or provisions of this Agreement, where such failure
shall continue for a period of thirty (30) days after the non-defaulting Party provides the
defaulting Party with written notice of such failure; provided, however, that such failure
shall not be a Default if the defaulting Party has commenced curing the Default within such
thirty (30) day period and thereafter is diligently pursuing such cure to completion. The
total aggregate cure period shall not exceed ninety (90) days unless the Parties otherwise
agree in writing. In the event of Default, the non-defaulting Party, at its option, may
terminate this Agreement without waiving any available remedies at law or in equity.
20. All notices required under this Agreement to be given in writing shall be sent to:
Maricopa County Department of Transportation
Intergovernmental Relations
2901 West Durango Street
Phoenix, AZ 85009
City of Phoenix
Street Transportation Director (or Designee)
200 West Washington Street, 5th Floor
Phoenix, Arizona 85003
Either Party may, by written notice to the other, specify a different address for notice. 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 or certified mail

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or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery
service performed with receipt. Any notice sent by 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 the United States Express Mail or overnight delivery
service that guarantees next-day delivery shall be deemed given 24 hours after delivery
of the notice to the Postal Service or courier for delivery.
21. Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the governing bodies of the Parties
in such fiscal year.
22. 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.
23. 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.
24. 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.
25. 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. Electric
signatures are acceptable as original signatures.
26. The Parties will 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.
27. The venue for any claim arising out of or in any way related to this Agreement shall be
Maricopa County, Arizona.
28. This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Pages Follow

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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
12/13/2023
Jesse Guitierrez Date
Transportation Director
Approved and Accepted by:
Chairman Date
Board of Supervisors
Attest by:
Clerk of the Board Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 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 the Board of Supervisors under the laws of the State of Arizona.
12/13/2023
Deputy County Attorney Date

DocuSign Envelope ID: 5727E07C-1007-4556-BE61-20BCF6FB4131
IN WITNESS WHEREOF, the Parties have executed this Agreement.
PHOENIX
Recommended by:
Jan 8, 2024
Joesph T. Brown, P.E. Date
Street Transportation Director
Attest by:
Jan 8, 2024
City Clerk Date
APPROVAL OF CITY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by the
undersigned Counsel, who has determined that it is in proper form and within the powers and
authority granted to the Phoenix City Council under the laws of the State of Arizona.
Jan 8, 2024
City Attorney Date