RECREATION CENTERS OF SUN CITY WEST - MCDOT.PDF

IIGF{tsEMEN I
BETWEEN MARICOPA COUNTY
A I\ln
RECREATION CENTERS OF SUN CITY WEST, INC.
FOR SUPPORT SERVICES PROVIDED WITHIN
MARICOPA COUNTY RIGHT-GF-WAY
{c-s4-23- -X-00)
This Agreement {Agreement} is between the County of Maricopa, a political subdivision
of the State of Arizona (Gounty), and Recreation Centers of Sun Citit West, lnc., an
Arizona nonprofit corporation (Reereation Centers) and concerns Sun City West, a
master planned development within Marieopa eounty, Arizena, The esunty and the
RECREATION CENTERS are collectively referred to as the Parties or individually as a
Party.
STATUTORY AUTHORIZATION
A.R.S. Section 11-251and Sections 28-6701 ef. Seg. authorizes the County to lay
out, maintain, controi and manage pubiic roads within the County.
BAEKGROUND
The County recognizes that the exceptionalwork done by the Recreaticn Centei's
organization results in substantiai savings for the County, and the County wants to
continue supporting the efforts and work of the Recreation Centers through this
Agreement.
PURPOSE OF THE AGREET*ENT
The purpose of this ,Agreement is to identiry the support services provided by the
County and the Reereation eenters in the unineerporated area of Sun City !.Iest.
This Agreement supersedes and replaces that certain Agreement Between
Maricopa County and Recreation Centers of Sun City West, !nc. fot' Ser,",ices
Provided v,rithin Sun City West, Arizona dated effective Juiy 1, 199S.
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DocuSign Envelope ID: 468A5A5D-8847-464E-A776-BDCED396B7D0

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TERMS OF THE AGREEMENT
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The Parties shall:
4.1 Meet at least annually to discuss current operations and address any
changes to the level of support services provided in this Agreement through
an AnnualWork Plan signed by the Transportation Department Director and
the Recreation Centers General Manager.
4.2 Give notification of not less than thirty {30} days befare initiating any
changes to the current level of service being Brovided.
The County ahall:
5.1 Designate one point of contact for the Recreation Centers to coordinate
services provicied for in this Agreement.
5.2 Maintain the existing irrigation system, including water and power for the
water meters within the medians located in roadways in Sun City West.
5.3 Trim the palm trees in the medians located in the roadways in the calendar
years that end in an even number.
5.4 ft/laintain the sidewalks in County right-of-way.
5.5 lssue no-cost permits to the Recreation Centers for any work performed by
it within eounty right-of-way.
The Recreation Centers shall:
H'T
Designate one point of contact to coordinate services provided for in this
Agreement.
6.2
Trim the palm trees in the medians located in the roadways in the calendar
years that end in an odd number.
6.3 Clean and paint walls facing arterial streets
6.4 Perform weed removal in vacant lots and along perimeter walls.
6.5
Maintain the irrigation system, including water and power, along perimeter
wa!!s.
6.6 Plant and maintain seasonal flowers at the entrance into Sun City West as
deterrrined on an annual basis by the Reereation Centers.
6.
8.7 Apply for no-cost permits before working in County rightof-way
DocuSign Envelope ID: 468A5A5D-8847-464E-A776-BDCED396B7D0

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6.8
Require any eontractors hired by the Recreation Centers to perform work
within County right-of-way to be licensed, bonded, and insured.
GENERAL TERMS AND CCNDITIONS
To the extent permitted by [aw, 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 nonperformanee 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 af prooerty. In
the event of an action, the damages which are the subject of this indemnity shall
include costs. expenses of iitigation 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. The Agreement shali renew
automaticaliy on January 1 of each year beginning January 7, 2424, uniess
terminated or amended. Notwithstanding Paragraph 15, either party may
terminate for any reason ancj at any time on 90 days' notice.
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This Agreement may be amended only upon written Agreement by all Parties.
't0. This Agreement is subject to the provisions of A.R.S. S 38-51 1
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The Parties warrant that they are in compliance with A.R.S. $ 41-4401 and fu*her
acknowledge that:
11.1 Any contractar or subcontractor who is contracted by a Part_v to periorm
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. S 23-214(A) and shall keep a record sf the
verification for the duration of the employee's employment or at least three
(3) years, whichever is longer.
11.2 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.
11.3 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 durlng normal working hours in order to facilitate such
an inspection.
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11.4 Nothing in this Agreement shall make any conti'actor or subcontractor an
agent or employee of the Parties to this Agreement.
Any contractor or subcontractor who engages in for-profit activity and has 'i0 oi-
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 duratian of this Agreement ta not
engage in, a boycott of goods or services from israei. This certification does not
apply to a boycott prohibited by 50 U.S.C. $ 4842 or a regulation issued pursuant
ts 50 U.S.C. S 4842.
Each Party to this Agreement warrants that neither it nor any contractor or vendor
under contract with the Party to orovide goods or serviees 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.
Recreation Centers warrants and certifies that it does not currently, and agrees for
the duration of the contract that it will not, use;
a. the forced labor of ethnic Uyghurs in the People's Republic of China.
b. any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.
e. any contractors, subcontractors or suppliers that use the forced labor ai aiiy
goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of ehina.
If Company becomes aware during the term of the Agreement that the Company
is not in compiiance with this paragraph, the Company shali notify the County
within five business days after becoming aware of the noncompliance. Failure of
eompany to provide a written certification that the Company has remedied the
noncomplianee within one hundred eighty (180) days after notifying the pubtic
entity of its noncompliance, this Agreement shall terminate unless the Term of this
Agreement shall end prior to said one hundred eighty (180) day period.
It shall be a materiai breach of this Agreement for a Paff 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-
ciefauiting 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 (30i day perioci and
thereafter is diligently pursuing such cure to completion. The total aggregate cure
period shall not exceed ninety (90) days unless the Parties otherwise agi"ee in
writing. ln the event of Default, the non-defaulting Party. at its ootion, may
terminate this Agreement without waiving any available remedies at law or in
equity.
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DocuSign Envelope ID: 468A5A5D-8847-464E-A776-BDCED396B7D0

16. Ail notices i'equired under this agi'eement to be given in writing shall be sent to:
eounty:
Maricopa County Department of Transportation
Attn: I ntergovernrnental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
Reereetion eenters:
Recreation eenters of Sun City West, lnc
Attn: Genera! Manager
1S803 N. R H Johnson Blvd.
Sun CitiT West, AZ 85375
Either Party may by written notice to the other specify a different address for notice.
All notices requireci or permitted by this Agreement or appiicabie iaw shail 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 illail, with postage prepaid,
or by commercial delivery service performed with reeeipt. Any notice sent by
certified mail, return receipt requested, shall be deemed given on the date of
delivery shown sn the receipt card, or if no delivery date is shown, the postmark
thereon. lf sent hy regular mai!, the notice shali be deemed given 7? hours after
the notice is addressed as required in this paragraph and mailed with postage
prepaid. Notices delivered by United States Express ft/ai! or overnight dellvery
service that guarantees next day deiivery shall be deemed given 24 hours after
delivery of the notice to the Postal Service or eourier for delivery.
Any funding provided for in this Agreement, other than in the current fiscal yeai', is
contingent upon being budgeted and appropriated by the governing bodies of the
Parties in such fiscalyear.
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This Agreement shall be construed as a whole and in accordance with its fair
meaning and without regard to any presumption or other ruie requiring construction
against the party drafting this Agreement,
4^
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.
Except as otherwise provided in this Agreement, all covenants, agreements,
representations and warranties set fodh in this Agreement or in any certificate or
instrument executed or delivered pursuant tc this Agreement shall suruive the
expiration ar earlier terminatisn of this Agreement for a period ef one {1} year.
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This Agreement may be executeci in tuvo or more counterparts, each of which shall
be deemeci an criginal but all of which together shall constitute the same
inetrument. Electric signatures are acceptable as original signatures.
The Parties will execute and/or deliver to each other such other instruments and
ciocuments as may be reasonably necessary to fuifill 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 shali be governed by the laws of the State of Arizona
Enei of Agreement - Signature Page Follaws
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DocuSign Envelope ID: 468A5A5D-8847-464E-A776-BDCED396B7D0

lN WITNESS WHEREOF, the Parties have executed this Agreement.
Recreation Centers of Sun City West, lnc.
Approved and Accepted by:
Tim Huriey, 
Date
Governing Board President
Recreation Centers of Sun City ltiest, lnc.
APPROVAL OF RECREATION CENTERS
ORNEY
The foregoing Agreement has been reviewed by undersigned Counsel, who has
determined that it is in proper form and within the powers and authority granted to the
Recreation Centers under the laws of the State of Arizona.
/c
,/ >c 2-L-
H.H
, Esq.
Date
Recreation Centers Attorney
?age / aI 4
DocuSign Envelope ID: 468A5A5D-8847-464E-A776-BDCED396B7D0
10/19/2022

lN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
iennifer Toth, P.E.
Transportation Director
Date
Approved and Accepted by:
Chairman
Board of Supervisors
Date
A+1^^i 
k.,.
Flal!;i't 
*rtt.
Clerk of the Board
i-.. ^r^
UALC
APPROVAL OF DE
COUNTY ATTORNEY
The foregoing Agreement has been relriewed pursuant to A.R-S. $ 11-952, as amended,
by the undersigned Deputy County Attorney, who has determined that it is in proper forrn
and within the powers and authority granted to the Bsard of Supervisors under the laws
of the State of Arizona.
Deputy County Httorney
Date
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DocuSign Envelope ID: 468A5A5D-8847-464E-A776-BDCED396B7D0
10/18/2022
10/18/2022

Certificate Of Completion
Envelope Id: 468A5A5D8847464EA776BDCED396B7D0
Status: Completed
Subject: Complete with DocuSign: Final - Rec. Ctrs. SCW Supporting Services Agreement.pdf
Source Envelope: 
Document Pages: 8
Signatures: 3
Envelope Originator: 
Certificate Pages: 5
Initials: 0
Mitch Wagner
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2901 W Durango
Phoenix, AZ  85009
Mitch.Wagner@maricopa.gov
IP Address: 163.116.139.115
Record Tracking
Status: Original
             10/18/2022 9:01:11 AM
Holder: Mitch Wagner
             Mitch.Wagner@maricopa.gov
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: ITC
Location: DocuSign
Signer Events
Signature
Timestamp
Jennifer Toth
Jennifer.Toth@maricopa.gov
Director
Security Level: Email, Account Authentication 
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 163.116.139.116
Sent: 10/18/2022 9:05:59 AM
Viewed: 10/18/2022 9:17:11 AM 
Signed: 10/18/2022 9:17:16 AM
Electronic Record and Signature Disclosure: 
      Accepted: 10/18/2022 9:17:11 AM
      ID: d09d2050-ae73-437f-ad49-6eb3c9a5e3d4
Timothy P. Hurley, Sr.
tim.hurley@suncitywest.com
Security Level: Email, Account Authentication 
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.248.3.42
Sent: 10/18/2022 9:06:00 AM
Viewed: 10/19/2022 9:14:09 AM 
Signed: 10/19/2022 9:18:11 AM
Electronic Record and Signature Disclosure: 
      Accepted: 10/19/2022 9:14:09 AM
      ID: 35b8cd2d-e0c1-4ffd-aa72-f50b572e7f3e
Wayne Peck
peckw@mcao.maricopa.gov
Security Level: Email, Account Authentication 
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 156.42.6.1
Sent: 10/18/2022 9:05:59 AM
Viewed: 10/18/2022 9:27:32 AM 
Signed: 10/18/2022 9:27:39 AM
Electronic Record and Signature Disclosure: 
      Accepted: 10/18/2022 9:27:32 AM
      ID: 036edd94-a59f-4498-b472-aa5ee0a37474
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10/18/2022 9:06:00 AM
Certified Delivered
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10/18/2022 9:27:32 AM
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10/18/2022 9:27:39 AM
Completed
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10/19/2022 9:18:11 AM
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Electronic Record and Signature Disclosure

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Electronic Record and Signature Disclosure created on: 3/26/2020 9:58:51 AM
Parties agreed to: Jennifer Toth, Timothy P. Hurley, Sr., Wayne Peck

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