AGREEMENT WITH THE STATE OF AZ FOR PATHFINDER LOGO SIGNS.PDF

Maricopa County — Formal (2015-05-06)

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ADOT CAR No.: 1GA /JPA15-0005178-I
AG Contract No.: P001-2015000873
Project: Pathfinder Signs
Section: Within Maricopa County
Federal-aid No.: N/A
ADOT Project No.: N/A
TIP/STIP No.: N/A
CFDA No.: 20.205 Highway Planning and
Construction
Budget Source Item No.: N/A
INTERAGENCY AGREEMENT
BETWEEN
THE STATE OF ARIZONA
DEPARTMENT OF TRANSPORTATION
AND
THE MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
THIS AGREEMENT is entered into this date , 2015, pursuant to
the Arizona Revised Statutes §§ 11-951 through 11-964, as amended, between the STATE OF
ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State' or "ADOT") and
the MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION, acting by and through its BOARD OF
SUPERVISORS (the "County"). The State and the County are collectively referred to as the "Parties".
RECITALS
1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behalf of the State.
2. The County is empowered by Arizona Revised Statutes § 11-251 to enter into this Agreement
and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into
this Agreement on behalf of the County.
3. The State will, as part of the "State Logo Signs Program", install and maintain "pathfinder" logo
signs within il/laricopa County limits. As background, pathfinder signs are required in any circumstance
when a qualified logo sign customer business is not on the exited street but is located on a cross-street
and/or in the opinion of ADOT, is not readily visible to the motorist exiting the highway. In such
circumstances, the Manual on Uniform Traffic Control Devices (MUTCD) guidelines require a smaller sign
(pathfinder) to be placed at or near the intersection of the exited street and the cross street directing the
motorist to the qualified business. The purpose of this Agreement is to detail the State's responsibilities
for the installation and maintenance of the signs, and the County's review and approval responsibilities
associated with the program, hereinafter referred to as the "Project". All work will be accomplished at the
State's expense; funded through the, "Logo Signs Program", the County assumes no financial
responsibility for the Project.
4. The Parties hereto agree to and acknowledge the following conditions: the Parties shall perform
their responsibilities consistent with this Agreement, and any change or modification to the Project will
only occur with the mutual written consent of both Parties.
THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows:

Page 2 IGA/JPA 15-00051784
II. SCOPE OF WORK
1. The State will:
a. Fabricate, install, maintain and remove all pathfinder signs at no cost to the County.
b. Submit for review and approval, to the County, all requests for installation of pathfinder signs
on streets located within County limits based on requirements in the MUTCD and County standards. The
County's standard submittal process shall be in accordance with Exhibit A.
c. Assume responsibility for the relocation, removal and/or replacement of pathfinder sign(s)
and all costs associated with the relocation, removal and/or replacement.
d. Obtain from the County an annual blanket no-fee right-of-way permit for the installation and
maintenance of the pathfinder sign(s).
2. The County will:
a. Review and approve the location for each pathfinder sign request submitted by the State, on
streets located within County limits. The County reserves the right to limit the number of signs to be
placed in the County.
b. Grant to the State, its agents and/or contractors, without cost, the right to enter County rights-
of-way, as required, to conduct any and all installation, relocation, removal or maintenance related
activities for the Project via a blanket no-fee right-of-way permit obtained from the County.
111. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of the Project or termination of this Agreement. All maintenance and removal obligations
contained in this Agreement are perpetual unless or until the Agreement is terminated. This Agreement
may be cancelled at any time, upon thirty (30) days written notice to the other party. If the program is
cancelled by the State, the State shall, at their cost, remove all signs from County right-of-way and
restore location to original condition. It is understood and agreed that, in the event the County cancels
this Agreement, the State shall have no other obligation to continue with the Project.
2. Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as
"Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of
any person (including death) or property damage, but only to the extent that such Claims which result
in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct,
or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
3. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
4. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511,
5. To the extent applicable under law, the provisions set forth in Arizona Revised Statute §§ 35-214
and 35-215 shall apply to this Agreement.

Page 3 IGNJPA 15-0005178-I
6, This Agreement is subject to all applicable provisions of the Americans with Disabilities Act
(Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act,
including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order
Number 09-09 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding "Non-Discrimination".
7. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon
the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not
allocated and available for the continuance of this Agreement, this Agreement may be terminated by the
State at the end of the period for which the funds are available. No liability shall accrue to the State in the
event this provision is exercised, and the State shall not be obligated or liable for any future payments as
a result of termination under this paragraph.
8. In the event of any controversy which may arise out of this Agreement, the Parties hereto agree
to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-
1518.
9. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41-4401
and Title 34 of the Arizona Revised Statutes.
10. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
11. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered
in person or sent by mail, addressed as follows:
Arizona Department of Transportation Maricopa County Dept of Transportation
Grand Canyon State Logo Signs Attn: Lynne Hilliard
Attn: Win Holden, CEO Intergovernmental Relations Branch
2039 West Lewis Avenue 2901 W. Durango Street
Phoenix, AZ 86009 (602) 712-2023 Phoenix, Arizona 85009
(602) 264-4505 Fax (602) 506-8672
FAX: (602) 506-4882
12. In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated
herein is the written determination of each Party's legal counsel and that the Parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.

Page 4 IGA/JPA 15-00051784
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
MARICOPA COUNTY STATE OF ARIZONA
Department of Transportation
By
JENNIFE WIN HOLDEN
Triansport tion Director & County Engineer CEO, State Logo Signs Program
APPROVED and Accepted by:
By
DENNY BARNEY,
Chairman Board of Supervisors
ATTEST:
By
FRAN MCCARROLL,
Clerk of the Board

JPA 15-000517B-I
ATTORNEY APPROVAL FORM FOR THE MARICOPA COUNTY DEPARTMENT OF
TRANSPORTATION
I have reviewed the above referenced intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the MARICOPA
COUNTY DEPARTMENT OF TRANSPORTATION, an agreement among public agencies which, has
been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this
Agreement to be in proper form and within the powers and authority granted to the County under the laws
of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
DATED this day of , 2015
County Attorney

Page 6 1GALIPA 15-00051784
Exhibit A
Grand Canyon Logo Sign Program Pathfinder Submittal Process
Submittal package to include the following:
• Photos of proposed installation site (two sets)
• Location map showing the proposed sign installation(s) and installation details (two sets)
• Location of all existing signing in the area of the proposed pathfinder sign (500 feet minimum
in each direction of the proposed sign.