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INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
CITY OF PHOENIX
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 Phoenix 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, through its Water Services Department provides recreational opportunities and
programs to the public; and
WHEREAS, the CITY provides recreational opportunities, including off-street non-motorized multiuse
paths, within the corporate limits of the CITY as well as on certain city-owned land outside of its incorporated
boundaries;
WHEREAS, the COUNTY, through its Parks and Recreation Department, desires to partner with the
CITY, through its Water Services Department, to construct a multi-modal trail section necessary to continue the
Maricopa and Sun Circle Trails and this portion of the trail is identified as Segment 9 Tres Rios (the “TRAIL”); and
WHEREAS, such a proposed TRAIL section would provide an alternative transportation route through the
west valley communities, including the City of Phoenix, with sections of the trails that connect San Tan Mountain
Regional Park to Estrella 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 PARTY desires to delegate certain administrative duties under 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:
GENERAL PROVISIONS
1. PROJECT DESCRIPTION
1.1 Any new sections of the TRAIL will follow the Maricopa Trail Design and Construction Manual
(“MTDC”) dated August 2007. The TRAIL may be amended for specific modifications that
would be necessary to meet CITY Trail Design and Construction Standards. Any modifications to
the MTDC shall be reviewed and approved by both Parties, prior to the start of construction. The
TRAIL will follow the CITY’s designated and existing trail system that is part of the Tres Rios
Wetlands Project
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1.2 The TRAIL will follow routes designated as part of the CITY’s Tres Rios Wetlands Project areas.
The route will follow part of the CITY’s operations and maintenance (“O&M”) road system
within this area with a connector TRAIL to be constructed by the COUNTY between 115th
Avenue (Avondale Boulevard) and 113th Avenue. It will then follow the CITY’s designated O&M
system to a trailhead to be constructed at 91st Avenue. The TRAIL will cross and then traverse the
east side of 91st Avenue south to the Tres Rios Wetlands Project access road. It will follow that
access south of the 91st Avenue Wastewater Treatment Plant (WWTP) to a Salt River Project
easement on the east side of the site. The route is graphically described by the attached Exhibit A
“Trail Map”. These corridors will create an off-street multimodal, non-motorized trail opportunity
as part of the COUNTY’S Trail within and outside of the CITY’S corporate boundaries. This
TRAIL is a connecting piece of the Maricopa and Sun Circle Trail between San Tan Mountain
Regional Park and Estrella Mountain Regional Park through neighboring jurisdictions.
2. PURPOSE OF AGREEMENT
The purpose of this AGREEMENT is for the CITY to provide support for the TRAIL that is proposed by the
COUNTY and which is part of the CITY’S Parks and Recreation Master Plan.
3. RESPONSIBILITIES
3.1 It is agreed that the Maricopa County will provide the following:
3.1.1 Provide signage designating the TRAIL as the Maricopa and Sun Circle Trail.
3.1.2 Subject to required approvals, partner with and/or support the CITY in future efforts to
secure funding for TRAIL improvements.
3.1.3 Construct the TRAIL subject to this AGREEMENT.
3.1.4 Maintain the TRAIL along the access road south of the 91st Avenue WWTP, in the Tres
Rios Wetlands Project area and the new TRAIL between 115th Avenue and 113th Avenue.
3.2 It is agreed that the CITY will provide the following:
3.2.1 Maintain access to the TRAIL within the CITY’S corporate boundaries (with exceptions
noted in Section 3.1.4). Portions of the TRAIL may be temporarily closed to conduct
maintenance activities or if the conditions of the TRAIL may endanger the public’s
health and safety.
3.2.2 Include the TRAIL as part of the CITY’s Parks and Recreation Master Plan.
3.2.3 Assure that the TRAIL will remain as part of the CITY’S Parks and Recreation Master
Plan. Encourage and support, 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 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 Water Services Superintendent 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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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
(Section 13. Notices) 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.
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 Phoenix 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 (Section 13 Notices) to COUNTY or to the CITY by
either 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 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 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:
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For the CITY: Mr. Stuart Dalbey, Superintendent
Water Services Department
City of Phoenix
3075 South 22nd Avenue, Administration Building No. 35
Phoenix, AZ 85009
(602) 534-3553
Email: stuart.dalbey@phoenix.gov
For the COUNTY: Mr. Richard J. Cardin, Director
Maricopa County Parks and Recreation Department
4189 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 PARTY 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 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
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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. 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’Sor 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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MARICOPA COUNTY CITY OF PHOENIX
BOARD OF SUPERVISORS
Chairman Date City Manager Date
ATTEST
Clerk of the Board Date City Clerk Date
Approved as to Form:
Deputy County Attorney Date City Attorney Date
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