12.22.2025_ - PC 1852 -FINAL_IGA_WATSON_ROAD_O&M_WITH_EXHIBIT.PDF
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Page 1 of 8 INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF BUCKEYE FOR THE MAINTENANCE AND OPERATION OF WATSON ROAD FROM VAN BUREN STREET TO SKYLINE PARK This Intergovernmental Agreement for the Maintenance and Operation Responsibilities for Watson Road from Van Buren Street to Skyline Park (the Maintenance Agreement) is entered into between the County of Maricopa, a political subdivision of the State of Arizona (County), and the City of Buckeye, a municipal corporation (City). Maricopa County and Buckeye are collectively referred to as the Parties or individually as a Party. STATUTORY AUTHORIZATION 1. A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorizes the County to lay out, maintain, control, and manage public roads. 2. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into Intergovernmental Agreements for services or joint or cooperative action. 3. The Cities are authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 et. seq., to lay out and establish, regulate, and improve streets within the Cities and to enter into this Maintenance Agreement. BACKGROUND 4. Watson Road, from Van Buren Street to Skyline Park, is an arterial roadway that is located in easements that are not within the city limits of the City of Buckeye (Roadway). The subject Roadway is depicted on Exhibit “A” attached hereto and incorporated by reference into this Maintenance Agreement. 5. The City has maintained and operated the Roadway and, is unable to annex the subject Roadway into the City’s jurisdiction. PURPOSE OF THE AGREEMENT 6. The purpose of this Maintenance Agreement is to identify and define the responsibilities of the City and the County for the continued maintenance and operations of the subject Roadway. Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911 Page 2 of 8 TERMS OF THE AGREEMENT 7. Maricopa County shall: 7.1 Not be responsible for maintaining or operating the subject Roadway. 7.2 Not maintain or operate the subject Roadway. 8. Buckeye shall: 8.1 Be responsible and liable for the operations and maintenance of the subject Roadway and all associated assets pursuant to the terms of this Maintenance Agreement. GENERAL TERMS AND CONDITIONS 9. To the extent permitted by law, the City 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 Maintenance 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. 10. This Maintenance Agreement shall become effective as of the date the governing bodies of the Parties execute it and shall remain in full force and effect until all stipulations previously indicated have been satisfied. 11. This Maintenance Agreement may be amended only upon written agreement by all Parties. Further, subject to Paragraph 29 below (Non Appropriation), this Maintenance Agreement may be terminated only upon written agreement by all Parties. 12. This Maintenance Agreement is subject to A.R.S. § 38-511 provisions. 13. The City warrants that they are in compliance with A.R.S. § 41-4401 and further acknowledge that: 13.1 Any contractor or subcontractor who is contracted by the City to perform work on the Subject Roadway shall warrant compliance with all federal immigration laws and regulations that relate to its 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. 13.2 Any breach of the warranty shall be deemed a material breach of this Maintenance Agreement, of which the breaching party may be liable for penalties, including termination of the Maintenance Agreement. Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911 Page 3 of 8 13.3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Subject Roadway 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 normal working hours to facilitate such an inspection. 13.4 Nothing in this Maintenance Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Maintenance Agreement. 14. Any contractor or subcontractor who engages in for-profit activity and has ten (10) 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 Maintenance 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. 15. The City warrants and certifies that no contractor or vendor under contract with the City to provide goods or services toward the accomplishment of the objectives of this Maintenance Agreement currently has, and for the duration of the contract will not, use: 15.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 15.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 15.3 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. 15.4 If any Party becomes aware during the term of the Maintenance Agreement that any contractor or vendor needs to comply 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 Maintenance Agreement shall terminate unless the Term of this Maintenance Agreement shall end prior to said one hundred eighty (180) day period. 16. It shall be a material breach of this Maintenance Agreement for a Party to fail to observe or perform any of the material covenants, conditions, or provisions of this Maintenance 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 to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion. The total aggregate cure period shall be 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 Maintenance Agreement without waiving any available remedies at law or in equity. Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911 Page 4 of 8 17. All notices required under this Maintenance Agreement to be given in writing shall be sent to: Maricopa County Attn: Intergovernmental Relations Branch 2901 West Durango Street Phoenix, Arizona 85009 City of Buckeye Attn: City Manager 530 East Monroe Avenue Buckeye, Arizona 85236 With a copy to: City Attorney City of Buckeye 530 East Monroe Avenue Buckeye, Arizona 85326 All notices required or permitted by this Maintenance 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 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 specify a different address for notice by written notice to the other. 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 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. 18. This Maintenance Agreement does not imply authority to perform any tasks or accept any responsibility not expressly stated in this Maintenance Agreement 19. This Maintenance Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in this Maintenance Agreement. 20. This Maintenance Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assignees. Neither Party shall assign its interest in this Maintenance Agreement without the prior written consent of the other Party. 21. This Maintenance Agreement and all Exhibits attached to this Maintenance Agreement set forth all the covenants, promises, agreements, conditions, and understandings between the Parties to this Maintenance Agreement with respect to the matters covered herein, and there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than as set forth in this Maintenance Agreement and those Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911 Page 5 of 8 agreements which are executed contemporaneously with this Maintenance Agreement. This Maintenance 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 Maintenance Agreement. Each Party has reviewed this Maintenance Agreement and has had the opportunity to have it reviewed by legal counsel. 22. The waiver by any Party of any right granted under this Maintenance Agreement is not a waiver of any other right granted under this Maintenance Agreement, nor may any waiver be deemed a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. 23. Wherever possible, each provision of this Maintenance Agreement shall be interpreted in such a manner as to be valid under applicable law, but if any provision shall be invalid or prohibited under the law, such provision shall be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such provision or the remaining provisions. 24. Except as otherwise provided in this Maintenance Agreement, all covenants, agreements, representations, and warranties set forth in this Maintenance Agreement or any certificate or instrument executed or delivered pursuant to this Maintenance Agreement shall survive the expiration or earlier termination of this Maintenance Agreement for a period of one (1) year. 25. Nothing in this Maintenance Agreement shall create any partnership, joint venture, or other agreement between the Parties. Except as expressly provided in this Maintenance Agreement, no term or provision of this Maintenance Agreement is intended or shall be for the benefit of any person or entity not a party to this Maintenance Agreement. No other person or entity shall have any right or cause of action under this Maintenance Agreement. 26. Time is of the essence concerning this Maintenance Agreement. Unless otherwise specified in this Maintenance Agreement, the term “day” as used in this Maintenance Agreement means calendar day. Suppose the date for performance of any obligation under this Maintenance Agreement or the last day of any time period provided in this Maintenance Agreement falls on a Saturday, Sunday, or legal holiday. In that case, the date for performance or time period shall expire at the close of business on the first day thereafter, that is not a Saturday, Sunday, or legal holiday. 27. Sections and other headings contained in this Maintenance Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Maintenance Agreement. 28. This Maintenance Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all constitute the same instrument. Electronic signatures are acceptable as original signatures. 29. Any funding provided for in this Maintenance 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. Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911 Page 6 of 8 30. This Maintenance 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 Maintenance Agreement. 31. 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 Maintenance Agreement. 32. Maricopa County, Arizona, shall be the venue for any claim arising out of or in any way related to this Maintenance Agreement. 33. The City is unable to annex the subject Roadway within one (1) year from the date of this Maintenance Agreement; therefore, the prior IGA between Maricopa County and the City of Buckeye for Coordination of Roadway Standards Related to Private Development (C-64-23- 168-X-00) dated 12/07/2022 is not applicable to this Maintenance Agreement. 34. The laws of the State of Arizona shall govern this Maintenance Agreement. End of Maintenance Agreement - Signature Pages Follow Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911 Page 7 of 8 IN WITNESS WHEREOF, the Parties have executed this Maintenance Agreement. CITY OF BUCKEYE Recommended by: Date Doug Sandstrom City Manager Approved and Accepted by: Eric Orsborn Date Mayor Attest by: Lucinda Aja, City Clerk Date APPROVAL OF CITY ATTORNEY The foregoing Maintenance Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended, by the undersigned City Attorney, who has determined that it is in proper form and within the powers and authority granted to the City Council under the laws of the State of Arizona. Date City Attorney Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911 Page 8 of 8 IN WITNESS WHEREOF, the Parties have executed this Maintenance Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, P.E. Date Transportation Director Approved and Accepted by: Date Chair Board of Supervisors Attest by: Clerk of the Board Date APPROVAL OF DEPUTY COUNTY ATTORNEY The foregoing Maintenance 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: 3B407B74-44A8-4E54-8513-F4FB81C40911 11/10/2025 11/10/2025 Watson Road - Van Buren to Skyline. 0 0.35 0.7 0.17 mi 0 0.55 1.1 0.28 km 1:18,056 N S E W N WATSON RD N SUNDANCE PARKWAY W VAN BUREN ST ALIGNMENT LEGEND: IGA LIMITS - SKY LINE REGIONAL PARK SOUTH PARKING LOT EXHIBIT A Docusign Envelope ID: 3B407B74-44A8-4E54-8513-F4FB81C40911