2026-04-15_ - PC 2100 -FINAL-MUTUAL-WAIVER-OF-FEES-GILBERT-IGA.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE TOWN OF GILBERT TO WAIVE TRAFFIC CONTROL PERMIT FEES This Intergovernmental Agreement (Agreement) is between Maricopa County, a political subdivision of the State of Arizona (County), and the Town of Gilbert, a municipal corporation (Town). The County and Town are collectively referred to as the Parties or individually as a Party. 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 Town 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 Town 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 Parties desire to develop and implement a cooperative agreement to waive traffic control permit fees under certain circumstances. 5. There are instances where the Town or its contractor is constructing a project adjacent to or near the County’s right of way, but the County is not a partner in the project and the project work is not in the County’s right of way. These projects may require traffic control devices to be set up in the County’s right of way for proper notice and safety reasons. 6. There are other instances where the County or its contractor is constructing a project adjacent to or near the Town’s right of way, but the Town is not a partner in the project and the project work is not in the Town’s right of way. These projects may require traffic control devices to be set up in the Town’s right of way for proper notice and safety reasons. 7. In the cases described in Paragraphs 5 and 6, it may be reasonable to consider waiving traffic control permit fees because each Party derives a benefit. 8. The Parties recognize that the circumstances described in Paragraphs 5 and 6 occur an estimated five (5) times per year. The costs of the permits issued by each Party would be expected to total less than $1,000 in fees per year. Nothing in this Agreement shall limit the number of permits per year that are eligible under this Agreement. Docusign Envelope ID: 6D232B91-7649-42B7-B163-AC09F8AD8161 9. In this Agreement, traffic control permit fees include but are not limited to any and all plan review fees, processing fees, and permit fees. DURATION 10. This Agreement shall become effective as of the date it is approved by the governing bodies of the Parties and remains in full force and effect until terminated by either Party for any reason upon furnishing the other Party with written notice at least thirty (30) days before the effective termination date. PURPOSE OF THE AGREEMENT 11. The purpose of this Agreement is to formalize a reciprocal agreement to waive traffic control permit fees in certain circumstances when the permitting party is not involved in the project and the project is not located within the permitting party's jurisdiction. TERMS OF THE AGREEMENT 12. Responsibilities of the County and the Town: 12.1 Each Party shall ensure that each permit issued under the authority of this Agreement complies with all standard permitting requirements and other terms as may be deemed necessary by the County Transportation Director, or designee, and the Town Engineer, or designee. 12.2 Each Party shall ensure any contractor liability insurance is acquired and lists the permitting Party as additional insured. Each Party shall also provide a copy of the insurance certificate to the permitting Party, as applicable. 12.3 Each Party shall reference this Agreement when applying for a permit under the conditions of this Agreement. 12.4 Each Party shall submit the required traffic control application(s) and traffic control plan(s). 13. Responsibilities of the County: 13.1 The County Transportation Director, or designee, may, in coordination with the Town Engineer, or designee, determine projects suitable for eligibility to waive traffic control permit fees. 13.2 Upon receipt of proper documentation, as listed in Paragraph 12.4, the County shall waive all traffic control permit fees for Town projects meeting the criteria in Paragraph 5 and Paragraph 12, and Paragraph 13.1. Docusign Envelope ID: 6D232B91-7649-42B7-B163-AC09F8AD8161 13.3 The County Transportation Director, or designee, shall retain appropriate files related to any permit issued under the authority of this Agreement until all terms provided in the Agreement and the pertinent permit have been satisfied, or as otherwise required by law. 14. Responsibilities of the Town: 14.1 The Town Engineer, or designee, may, in coordination with the County Transportation Director, or designee, determine projects suitable for eligibility to waive traffic control permit fees. 14.2 Upon receipt of proper documentation, as listed in Paragraph 12.4, the Town shall waive all traffic control permit fees for County projects meeting the criteria in Paragraph 6 and Paragraph 12, and Paragraph 14.1. 14.3 The Town Engineer, or designee, shall retain appropriate files related to any permit issued under the authority of this Agreement until all terms provided in the Agreement and the pertinent permit have been satisfied, or as otherwise required by law. GENERAL TERMS AND CONDITIONS 15. 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, including but not limited to injuries or death of persons or damages to or destruction of property. 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. 16. 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. 17. This Agreement may be amended only upon written agreement by all Parties. 18. This Agreement shall be subject to the provisions of A.R.S. Section 38-511. 19. All notices required under this agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Relations Branch 2901 W. Durango Street Phoenix, Arizona 85009 Docusign Envelope ID: 6D232B91-7649-42B7-B163-AC09F8AD8161 Town of Gilbert Attn: Town Manager 50 E. Civic Center Gilbert, Arizona 85296 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, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this paragraph. Either Party may by written notice to the other specify a different address for notice. Any notice sent by registered or 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 an overnight courier that guarantee next- day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier. 20. This Agreement shall be construed as a whole and under its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. 21. 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 because of the continuation of any matter previously waived. 22. 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. 23. 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 according to this Agreement. 24. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 25. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows Docusign Envelope ID: 6D232B91-7649-42B7-B163-AC09F8AD8161 IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: Chair 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. Deputy County Attorney Date Docusign Envelope ID: 6D232B91-7649-42B7-B163-AC09F8AD8161 1/13/2026 1/13/2026