IGA WITH GOODYEAR FOR MARICOPA TRAIL SEGMENT 35.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN
MARICOPA COUNTY
AND
CITY OF GOODYEAR
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 Goodyear 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 this portion of the Trail is identified as Segment 35 (the “TRAIL”);
and
WHEREAS, such a proposed TRAIL section would provide an alternative
transportation route through the west valley communities, including the City of
Goodyear, with sections of the trails that connect White Tank 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, the PARTIES agree to
take such action to expedite and process such approvals. The COUNTY’s Director of
Parks and Recreation 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 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.
1.2 The TRAIL will follow routes designated as part of the CITY’s Parks and
Recreation Master Plan. The route will follow the Yuma road alignment
from the western CITY boundary to the Bullard Wash. It will then follow
the Bullard Wash from Yuma road south to the Gila River, as described by
the attached “Trail Map”, Exhibit A. It will follow the northern bank of the
Gila River to the bridge on Estrella Parkway. It will cross over the bridge to
Vineyard Road. It will continue on the north side of Vineyard Road inside
the right of way to the entrance road to Estrella Mountain Regional Park.
It will then follow the park roadway to the nature center. These corridors
will create an off-street multimodal trail opportunity as part of the
COUNTY’S Trail within the CITY’S corporate boundaries. This TRAIL is a
connecting piece of the Maricopa Trail between White Tank 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
are proposed by the COUNTY and which are part of the CITY’S Parks and Recreation
Master Plan.
3. RESPONSIBILITIES
3.1 It is agreed that the Maricopa County Parks and Recreation Department
will provide the following:
3.1.1 Provide signage 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. Construct the TRAIL subject to
this AGREEMENT.
3.2 It is agreed that the City of Goodyear will provide the following:
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3.2.1 Maintain the TRAIL within the CITY’S corporate boundaries.
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
This AGREEMENT may require future administrative action consistent with the intent of
the AGREEMENT. Each PARTY shall ensure that its respective administrators promptly
review and take action on matters related to this AGREEMENT. The COUNTY’s
Director of Parks and Recreation 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.
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 Goodyear
City Council. Should the Legislature or the Board or the Council at any time fail to
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appropriate the necessary funds for such performance, then, by written notice 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, 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:
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For the CITY: Nathan Torres, Director
Parks and Recreation Department
City of Goodyear
3075 North Litchfield Road
Goodyear, AZ 85395
(623) 882-3120
Email: nathan.torres@goodyearaz.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
Copy to City Attorney: City of Goodyear
190 N. Litchfield Road
Goodyear, AZ 85338
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.
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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
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 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.
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
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
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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 dated
indicated.
MARICOPA COUNTY CITY OF GOODYEAR
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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