LITCHFIELD_PARK_TRAFFIC_SIGNALS_OM_IGA_9.20.22_COLP SIGNED.PDF

DocuSign Envelope ID: 42D5B99B-AF05-4A4E-A911-76F714DE9802

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND THE CITY OF LITCHFIELD PARK
FOR OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS
(C-64- 23- -X-00)

This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a
political subdivision of the State of Arizona (County), and the City of Litchfield Park, a
municipal corporation (City); the County and the City are collectively referred to herein as
the Parties or individually as a Party.

STATUTORY AUTHORIZATION

1. A.R.S. Section 11-251 and Sections 28-6701 ef. seq. authorizes the County to lay
out, maintain, control, and manage public roads within the County.

2. A.R.S. § 9-240 authorizes the City to exercise control over, layout, establish,
regulate, and improve streets within the City.

3. A.R.S. Sections 11-951 ef seg. authorizes public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.

BACKGROUND

4. On November 20, 2013, the Parties entered into an Intergovernmental Agreement
(C-64-14-043-M-00) (Maricopa County Recorder No. 2013-1031136) for
operations and maintenance of the City-owned traffic signal at Camelback Road
and Litchfield Road (2013 IGA).

5: On December 1, 2020, the Parties entered into a First Amendment (C-64-14-043-
M-01) (Maricopa County Recorder No. 20201177762) to extend the term limit for
the operations and maintenance of the traffic signal to November 20, 2023.

6. On December 8, 2021, the Parties entered into an Intergovernmental Agreement
to improve Camelback Road from 145'" Avenue alignment to Dysart Road.

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10.

11.

12.

4/1/2016

The County has agreed to operate and maintain (2%) City-owned traffic signals
located at the following intersections:

7.1 Camelback Road and Litchfield Road
7.2 Camelback Road and Dysart Road
7.3 Camelback Road and 127" Avenue (NWC)

The total average annual maintenance cost for each signal is estimated at
approximately $2,000. However, costs can vary significantly if non-routine
maintenance is required.

This Agreement supersedes the previously approved IGA and amendments.

PURPOSE OF THE AGREEMENT

The purpose of this Agreement is to authorize the County to operate and maintain
City-owned traffic signals and to identify and define the Parties' responsibilities
related to such signals.

Responsibilities of the County:

11.1. The County shall be responsible for all routine and emergency operation
and maintenance of the traffic signals identified in this Agreement according
to County standards.

11.2 The County shall invoice the City at least annually for all costs associated
with the operation and maintenance of the signals identified.

Responsibilities of the City:

12.1 The City shall allow the County to properly operate and maintain the
identified traffic signals within the jurisdictional limits of the City. This
includes all scheduled maintenance and corrective action necessary for
failure or damaged equipment.

12.2 The City shall remit payment within thirty (30) days of receipt of the County's

invoice for all costs associated with operating and maintaining the signals
identified in this Agreement.

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13.

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GENERAL TERMS AND CONDITIONS

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. 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 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 except that it may be
amended upon written Agreement by all Parties. Any Party may terminate this
Agreement upon furnishing the other Party with a written notice at least thirty (30)
days prior to the effective termination date.

This Agreement may be amended only upon written Agreement by all Parties.
This Agreement is subject to the provisions of A.R.S. § 38-511.

The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:

17.1 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 regulations that relate to their 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.

17.2 Any breach of the warranty shall be deemed a material breach of this
agreement of which breaching party may be liable for penalties including
termination of the agreement.

17.3 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 said
employee available during normal working hours in order to facilitate such
an inspection.

17.4 Nothing in this Agreement shall make any contractor or subcontractor an
agent or employee of the Parties to this Agreement.

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18.

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21.

Any contractor or subcontractor who engages in for-profit activity and has 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 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.

Each Party to this Agreement warrants that neither it 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.

It shall be a material breach of this Agreement for a Party to fail to observe or
perform any of the material covenants, conditions or provisions of this 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 not exceed 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 Agreement without waiving any available remedies 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 W. Durango Street

Phoenix, Arizona 85009

City:

City of Litchfield Park

Attn: City Manager

214 West Wigwam Boulevard
Litchfield Park, Arizona 85340

Either Party may by written notice to the other specify a different address for notice. 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 or certified mail
or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery
service performed with receipt. Any notice sent by certified mail, return receipt requested,

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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 overnight delivery
service that guarantees next day delivery shall be deemed given 24 hours after delivery
of the notice to the Postal Service or courier for delivery.

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4/11/2016

Any funding provided for in this 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.

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.

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 by reason of the
continuation of any matter previously waived.

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.

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 Agreement.

The venue for any claim arising out of or in any way related to this Agreement
shall be Maricopa County, Arizona.

This Agreement shall be governed by the laws of the State of Arizona.

End of Agreement - Signature Page Follows

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DocuSign Envelope ID: 42D5B99B-AF05-4A4E-A911-76F714DE9802

IN WITNESS WHEREOF, the Parties have executed this Agreement.

MARICOPA COUNTY

Recommended by:

DocuSigned by:

Jennifer Tolle 9/20/2022

7 ‘B9EB452A6BB0459...

Jenniter foth, P.E. Date
Transportation Director

Approved and Accepted by:

Chairman 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.

DocuSigned by:

Wayne Prok 9/20/2022
82E0BD10DB524D1..

Deputy County Attorney Date

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DocuSign Envelope ID: 42D5B99B-AF05-4A4E-A911-76F714DE9802

IN WITNESS WHEREOF, the Parties have executed this Agreement.

CITY OF LITCHFIELD PARK

Recommended by:

Matthen-C.wWillliams

Matthew C.Williams (Oct 27, 2022 12:50 PDT)

Matthew Williams Date
City Manager

Approved and Accepted by:

“ThSAsf

Thomas Schoaf (Olt 27, 2022 10:46 PDT)

Thomas L. Schoaf Date
Mayor

Attest by:

Terri Roth, MMC Date
City Clerk

APPROVAL OF CITY ATTORNEY

The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952, as amended,
by undersigned Counsel, who has determined that it is in proper form and within the
powers and authority granted to the City under the laws of the State of Arizona.

Dibiht D. Estes

Joseph 6. Estes (Oct 27, 2022 10:47 PDT)

Gust Rosenfeld, PLC,City Attorney Date
By: Joseph D. Estes

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