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DocuSign Envelope 1D; DOA3569C-A510-4F90-ACEC-0499EA815B4F
C20-0453
INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA GOQUNTY
AND THE CITY OF GLENDALE
FOR THE EXCHANGE OF ROADWAYS
(C-64-2i~ 00] K-00)
This Intergovernmental Agreement (Agreeinent) Is between the County of Maricopa, a
political stibdivision of the State of Arlzona (County), and the Clty of Glendale, a
muntolpal corporation (Clty), The County and City are collectively referred to as the
Parties or Individually as a Party.
STATUTORY AUTHORIZATION
1. ARS. Sectlon 11-251 and Sectlons 28-6701 ef, seq. authorize the County to lay
out, maintain, control and manage publlo roads within the County.
2. ARS. Sectlon 11-954 ef, seq, authorizes public agencies to enter Into
Intergovernmental Agreements for the provision of services or for Joint or
cooperative action,
3, ARS, Sectlon 9-240 and Sections 9-276 ef, seq. authorize the City to lay out and
establish, regulate and Improve streets within the Clty and to enter Into this
Agreement.
BACKGROUND
4. In an effort to ensure smooth traffic operations for the travelling public, the County
and Clly have Identified multiple roadways where operation and malntenance by
one Party Is favorable over another, This Agreement Identifies these roacways and
defines the responstbilitles of the Parties.
5. Ownership of Ollve Avenue betweeh Citrus Road and 143rd Avenue, one-half (1/2)
mile east of Litchfleld Road, vatles between the Partles. The majorily of Olive
Avenue ls owned by the County. The City owns the following segments of Olive
Avenue:
6.1. The north half street of Olive Avenue from Citrus Road to one-quarter (1/4)
mile east of Citrus Road
5.2. The south half street of Ollve Avenue from Sarival Avenue to Reems Road
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5.3, The whole roadway from Reems Road to one (1) mile east of Reems Road
at the Bullard Avenue alignment.
5.4. The south half of the roadway from one (1) mile east of Reems Road at
the Bullard Avenue alignment to one and one-half (1 1/2) miles east of
Reems Road, approximately at the eastbound stop bar for the railroad
crossing near 143rd Avenue.
Glendale Avenue and Bethany Home Road from Arizona State Roule 303 to
Sarlval Avenue are both owned by the County.
Sarlval Avenue from Bethany Home Road to Glendale Avenue Is owned by the
County except the west half of the roadway from Maryland Avenue to 150 feet
north Is owned by the City.
The County has programmed varlous projects to Improve Olive Avenue from Citrus
Road to El Mirage Road and desires fo maintain operation of the roadway and
traffic signals In this corridor for consistent and smooth operations of the corridor,
The Clty has development and Improvements planned In the area between
Bethany Home Road and Glendale Avenue and Arizona State Route 303 and
Sarlval Avenue. The Clty plans to annex the roadways and/or roadway segments
generally described in Paragraph 12.2 and deannex the roadways generally
described In Paragraph 12.3, The County plans on receiving the deannexed
roadways.
PURPOSE OF THE AGREEMENT
The purpose of this Agreement Is to identify and define the responsibllities of the
County and City for operation, maintenance, and annexation/deannexation of the
roadways.
TERMS OF THE AGREEMENT
Responsibilities of the County:
11.4, The County shall be the lead agency for all aspects of County-led projects
on Olive Avenue. All County-led projects on Olive Avenue will be designed
and constructed to County standards,
41.2. The County shall provide the City with design plans for review and
comment for all County-led projects on Olive Avenue,
41.3. The County shall be responsible for all project costs for County-led
projects on Olive Avenue, except any Cily-requested enhancements
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11.4,
41.6.
11.6.
41.7,
11.8,
Inconsistent with Gounty standards.
The County shall receive deannexation of all public rights-of-way listed in
Section 12.3. The County shall review and provide comments on all
annexation and deannexation draft legal descriptions and associated
exhibits.
The County shall apply to the City for no-cost permits for any necessary
Project related work performed within City jurisdiction.
Should the City’s deannexation be terminated pursuant fo Paragraph
12,7, the County shall be responsible for all operation and maintenance
and assume all liability of the roadways set forth in Paragraph 12.3,
The County shall be responsible for all operations and maintenance of the
roadway, signals, signing, and striping for Olive Avenue from Citrus Road
to one-half (1/2) mile east of Litchfield Road. The County shall be
responsible for all improvements, including any future traffic signals, on
the roadways deannexed pursuant to Paragraph 12.3.
The County shall Issue no-cost permits to the City for any necessary
project-related work performed by the City within the County.
42. Responsibilities of the City:
12.1,
12.2.
12.3.
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The City shall review all plans for County-led projects on Olive Avenue
and provide comments within ten (10) business days.
The City shall annex the following roadways:
———>
42.2.1, Glendale Avenue from the east edge of Arizona Department of
Transportation's right-of-way at Arizona State Route 303 to
Sarlval Avenue, including the intersection at Glendale Avenue
and Sarival Avenue,
42.2.2, Bethany Home Road from the east edge of Arizona Department
of Transportation’s right-of-way at Arizona State Route 303 to
Sarival Avenue, including the intersection at Bethany Home Road
and Sarival Avenue
12,2.3. Sarival Avenue from Bethany Home Road to Glendale Avenue.
The Cily shall deannex the following sections of public right-of-way:
——
42,3.1. North half street of Olive Avenue from Citrus Road to
approximately one-quarter (1/4) mile east of Citrus Road
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12.4,
12.6,
12,6,
12.7.
12.8.
12.9,
12.10,
12.11.
42.3.2, South half street of Olive Avenue from Sarlval Avenue to Reems
Road
42.3.3, South half street of Olive Avenue from one (1) mile east of Reems
Road to 143rd Avenue.
12.3.4. All portions of Alsup Avenue within the City's annexed area: 1)
east half street of Alsup Avenue that runs north-south and
extends approximately 820 feet south of the Claremont Street
allgnment; and 2) The full street width of Alsup Avenue that runs
southwest for approximately 700 faet to meet Bethany Home
Road.
42.3.5, South half street of Bethany Home Road that runs west of the
Alsup Avenue Intersection with Bethany Home Road for 350 feet
The City shall be the lead agency for the annexation process. The City
shall begin the annexation process of all roadways set forth In Paragraph
42.2 above within one hundred and twenty (120) days of execution of this
Agreement subject to the requirements of A.R.S. Section 9-471(N).
The City shall be the lead agency for the deannexation process. The City
shall begin the deannexation process of all roadways set forth In
Paragraph 12,3 above within ninety (90) days of execution of this
Agreement subject to the requirements of A.R.S, Section 9-471.02.
The Clty shall send draft legal descriptions of the annexation and
deannexation areas to the County for review and comment.
The City shall notify the County, In Wiltings within ten (10) days of
completion of the annexation and deannexation processes, or of any act
or event making It not legally possible to proceed with the annexation or
deannexation processes,
Should the annexation be terminated pursuant to Paragraph 12.7 of this
section, the City shall be responsible for all operation and maintenance
and assume alll liability of the roadways set forth In Paragraph 42.2,
‘The City shall be responsible for all improvements, including any future
traffic signals, on the roadways annexed pursuant to Paragraph 12.2.
The City shall be responsible for all project costs for Clty-requested
enhancements Inconsistent with County standards for County-led projects
on Olive Avenue. se
The City shall remit payment within thirty (80) days of the receipt of an
Invoice from the County, pursuant to Paragraph 12.10 of this section,
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42.12. The City shall issue no-cost permits to the County, for any necessary
Project related work performed within the City.
42.13. The City shall apply to the County for no-cost permits for any necessary
project-related work performed within County jurisdiction.
GENERAL TERMS AND CONDITIONS
By entering Into this Agreement, the Partles agree that fo the extent permitted by
law, each Party will indemnify, defend and save the other Partles 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 out
of the negligent performance or nonperformance by the indemnifying Party of any
of the provisions of this Agreement. By entering Into this Agreement, each Party
indemnifies the other against alll liability, losses and damages of any nature for or
on account of any Injuries or death of persons or damages to or destruction of
properly arising out of or in any way connected with the petformance or
nonperformance of this Agreement, except such Injury or damage as shall have
been caused or contributed to by the negligence of that other Party. The damages
which are the subject of this indemnity shall Include but not be Iimited to the
damages incurred by any Parly, its departments, agencies, officers, 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.
This Agreement shall become effective as of the date It Is approved by the
Maricopa County Board of Supervisors and the Glendale City Council, and remain
in full force and effect until all stipulations previously indicated have been satisfied
including the completion of al} annexations and deannexations, except that It may
be amended upon written Agreement by all Parties. Any Partly may terminate this
Agreement upon furnishing the other Party with a written notice at least thirty (30)
days prior to the effectlve termination date,
This Agreement shall be subject to the provisions of A.R.S. Section 38-511,
The Parties warrant that they are In compllance with A.R.S. Section 41-4401 and
further acknowledge that:
16.1 Any contractor or subcontractor who Is contracted by a Party to perform
work on the Project shall warrant their compliance with all federal
immigration laws and tegulations that relate fo thelr employees and their
compliance with A.R.S. Section 23-214(A), and shall keep a record of the
verification for the duration of the employee's employment or at least three
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49.
(3) years, whichever [s longer.
46.2 Any breach of the warranty shall be deemed a material breach of the
contract that Is subject to penalties up to and including termination of the
contract.
16.3. The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project 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 sald
employee available during normal working hours In order to facilitate such
an inspection,
16.4 Nothing In this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.
Each Party to this Agreernent warrants that neither ft nor any contractor or vendor
under contract with the Party to provide goods or services toward the
accomplishment of the objectives of this Agreement is suspended or debarred by
any federal agency which has provided funding that will be used In the Project
described in this Agreement,
Each of the following shall constitute a material breach of this Agreement and an
event of default ("Default") hereunder: A Party's fallure to observe or perform any
of the material covenants, conditions or provisions of this Agreement to be
observed or performed by that Party ("Defaulting Party”), where such failure shall
continue for a period of thirty (30) days after the Defaulting Party receives written
notice of such failure from the non-defaulting Party 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 perlod and thereafter Is diligently pursuing such
cure to completion, but the total aggregate cure parlod shail not exceed ninety (90)
days unless the Partles agree in writing that additional time Is reasonably
necessary under such circumstances to cure such default. in the event a
Defaulting Party falls to perform any of Its material obligations under this
Agreement and Is In Default pursuant to this Section, the non-defaulting Party, at
its option, may terminate this Agreement. Further, upon the occurrence of any
Default and at any time thereafter, the non-defaulting Party may, but shall not be
required to, exercise any remedies now or hereafter available to It at law or in
equity,
All notices required under this agreement to be given in writing shall be sent to:
County:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 West Durango Street
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21.
22,
23.
24.
26,
Phoenix, Arlzona 85009
City:
City of Glendale
Attn: Transportation Director
6210 West Myrtle Avenue
Sulte 111
Glendale, Arizona 85301
All notices required or permitted by this Agreement or applicable law shall be in
writing and may be delivered In person (by hand or courler) or may be sent by
regular, certified or registered mall or U.S. Postal Service Express Mail, with
postage prepald, and shall be deemed sufficlenily 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 mall, return
recelpt requested, shall be deemed given on the date of delivery shown on the
recelpt 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 prepald. Notices delivered by
United States Express Mail or overnight courier that guarantee next day delivery
shall be deemed given 24 hours after delivery of the notice to the Postal Service
or courler.
This Agreement does not Imply authority to perform any tasks, or accept any
responsibility, not expressly stated In this Agreement.
‘This Agreement does not create a duty or responsibility unless the intention to do
so Is clearly and unambiguously stated in this Agreement.
This Agreement does not grant authority to control the subject roadway, except to
the extent necessary to perform the tasks expressly undertaken pursuant to this
Agreement.
Any funding provided for in this Agreement, other than In the current fiscal year, Is
contingent upon being budgeted and appropriated by the Maricopa County Board
of Supervisors and the City Council in such fiscal year. This Agreement may be
terminated by any Party at the end of any fiscal year due fo non-appropriation of
funds.
This Agreement shall be binding upon and inure to the benefit of the Partles and
their respective successors and assignees. Neither Parly shall assign Its interest
in this Agreement without the prior written consent of the other Party,
This Agreement and all Exhibits attached to this Agreement set forth all of the
covenants, promises, agreements, conditions and understandings between the
Partles to this Agreement, and there are no covenants, promises, agreements,
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26.
27.
28,
29,
30.
31.
32.
conditions or understandings, elther oral or written, between the Parties other than
as set forth In this Agreement, and those agreements which are executed
contemporaneously with this Agreement, This 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
Agreement. This Agreement cannot be modified or changed except by a written
instrument executed by all of the Parties hereto. Each Party has reviewed this
Agreement and has had the opportunity to have It reviewed by legal counsel.
The walver by any Party of any right granted to it under this Agreement fs 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 by reason of the continuation
of any matter previously walved.
Wherever possible, each provision of this 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.
Except as otherwise provided In this Agreement, all covenants, agreements,
representations and warranties set forth In this Agreement or In any certificate or
instrument executed or delivered pursuant to this Agreement shall survive the
expiration or earlier termination of this Agreement for a period of one (1) year.
Nothing contained In this Agreement shall create any partnership, Joint venture or
other agreement between the Partles hereto. Except as expressly provided In this
Agreement, no term or provision of this Agreement Is intended or shall be for the
benefit of any person or entity not a parly to this Agreement, and no such other
person or entity shall have any right or cause of action under thls Agreement.
Time Is of the essence concerning this Agreement. Unless otherwise specified in
this Agreement, the term “day” as used in this Agreement means calendar day. If
the date for performance of any obligation under this Agreement or the last day of
any time period provided in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date for performance or time period shall expire at the close of
business on the first day thereafter which is not a Saturday, Sunday or legal
holiday.
Sections and other headings contalned In this Agreement are for reference
purposes only and shall not affect in any way the meanlng or interpretation of this
Agreement.
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. Faxed, copied and scanned signatures are acceptable as original
signatures.
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33. The Partles agree to 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 Agreement.
34, The Partles hereby agree that the venue for any claim arlsing out of or In any way
related to this Agreement shall be Maricopa County, Arizona.
35, This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Partles have executed thls Agreement.
CITY OF GLENDALE
Recommended by:
LM 6-ate- an
Trevor Ebersole Date
Transportation Director
Approved and Accepted by:
lal. Aes _ 5 24 -20ko
Kevin R. Phelps Date
City Manager
Attest by:
oa le [t [2020
ity Clerk Date
APPROVAL OF GITY ATTORNEY
| hereby state that | have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be In proper form and within the powers and authority granted
to the City by its respective governing body under the laws of the State of Arizona.
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(Hef - Al-ooy—y-w
IN WITNESS WHEREOF, the Partles have executed thls Agreement.
MARIGOPA GOUNTY
Recommended by:
DocuSignnd by:
Juuaifur Tatle 6/25/2020
A52AGDBOAES,
Jennifer Toth, P.E. Date
Transportation Director
Approved and Accepted by:
JUL 28 2020
Clint Hickman, Chairman Date
Board of Supervisors
Attest by:
; 28 2020
\ Ble of the Board y a9 [ Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
| hereby state that | have reviewed the proposed Intergovemmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the County by the Board of Supervisors under the laws of the State of Arizona.
DocuSigned by:
( YeBuude 6/26/2020
a SROZA2DAF ICE ARE
Deputy County Atlorney Date
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