6E BUCKEYE_-_SVP__DESERT_OASIS_PREEMP_EQUIPMENT_9.19.2022.DOCX.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF BUCKEYE FOR FIRE PRE-EMPTION EQUIPTMENT OPERATION AND MAINTENANCE ON COUNTY-OWNED TRAFFIC SIGNAL ON SUN VALLEY PARKWAY AT DESERT OASIS BOULEVARD (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 Buckeye, a municipal corporation (City). The County and City 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. authorize the County to lay out, maintain, control and manage public roads within the County. 2. A.R.S. Section 11-951 et. seq. authorizes public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorize the City to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. BACKGROUND 4. Under a development agreement with the City and permitted by the County, Pulte Group, Inc. is installing a traffic signal on Sun Valley Parkway at Desert Oasis Boulevard (Signal). 5. The City identified a need for fire preemption equipment to be installed as part of the Signal and requested a cooperative agreement to define the responsibilities for operating and maintaining such equipment. DocuSign Envelope ID: 9549875C-9F8C-406E-8DC6-617D0E7D43EF PURPOSE OF THE AGREEMENT 6. The purpose of this Agreement is to identify and define the responsibilities of the County and City for the Project, including but not limited to operation and maintenance of the fire preemption equipment on the Signal. TERMS OF THE AGREEMENT 7. Responsibilities of the County: 7.1 The County shall act as the lead agency for operation and maintenance activities of the Signal. 7.2 The County shall provide routine maintenance of the fire preemption equipment on the Signal upon activation of the Signal. 8. Responsibilities of the City: 8.1 The City shall direct PulteGroup, Inc. to install the fire preemption equipment as part of the Signal installation. 8.2 The City shall ensure the fire preemption equipment is compatible with the County traffic signals and controllers. 8.3 The City shall provide, at its expense, all parts for the fire preemption equipment to the County to perform normal, routine maintenance. GENERAL TERMS AND CONDITIONS 9. 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. 10. 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, DocuSign Envelope ID: 9549875C-9F8C-406E-8DC6-617D0E7D43EF 11. This Agreement is subject to the provisions of A.R.S. § 38-511. 12. The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further acknowledge that: 12.1 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. 12.2 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. 12.3 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. 12.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 13. 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. 14. Each Party warrants and certifies that no contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement currently has, and for the duration of the contract will not, use: 14.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 14.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 14.3 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. DocuSign Envelope ID: 9549875C-9F8C-406E-8DC6-617D0E7D43EF 15. If any Party becomes aware during the term of the Agreement that any contractor or vendor is not in compliance with this paragraph, the Party shall notify the other Party within five business days after 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 Agreement shall terminate unless the Term of this Agreement shall end prior to said one hundred eighty (180) day period. 16. 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. 17. 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 Buckeye Attn: City Manager 530 East Monroe Avenue Buckeye, Arizona 85236 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, 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 DocuSign Envelope ID: 9549875C-9F8C-406E-8DC6-617D0E7D43EF 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. 18. 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. 19. 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. 20. This Agreement cannot be modified or changed except by a written instrument executed by all of the Parties hereto. 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 by reason of the continuation of any matter previously waived. 22. 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. 23. 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. 24. 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. 25. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 26. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Page Follows DocuSign Envelope ID: 9549875C-9F8C-406E-8DC6-617D0E7D43EF IN WITNESS WHEREOF, the Parties have executed this Agreement. CITY OF BUCKEYE Recommended by: Daniel Cotterman Date City Manager Approved and Accepted by: Eric Orsborn Date Mayor Attest by: City Clerk Date 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 Buckeye City Council under the laws of the State of Arizona. City Attorney Date DocuSign Envelope ID: 9549875C-9F8C-406E-8DC6-617D0E7D43EF Sep 22, 2022 Sep 26, 2022 Sep 28, 2022 Sep 28, 2022 * -* / $")- ). /$*)0( -ѷ $ #р Ҋс "! Ҕ3,шр$ Ҕ IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jennifer Toth, 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. Deputy County Attorney Date DocuSign Envelope ID: 9549875C-9F8C-406E-8DC6-617D0E7D43EF 9/19/2022 9/19/2022