IGA WITH MCDOT_ENTRYSIGNAGE_OLIVE-115TH AVE.PDF

DocuSign Envelope ID: 651F7BED-1D65-4094-B67F-3C4ADE5404A9

INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE
CITY OF PEORIA FOR THE CONSTRUCTION AND INSTALLATION OF MONUMENT

ENTRY SIGNAGE ON OLIVE AVENUE AND 11574 AVENUE ALIGNMENT

(C-64-22- -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 Peoria, a municipal
corporation (City). The County and Peoria are collectively referred to as the Parties or
individually as a Party.

STATUTORY AUTHORIZATION

1. The County is authorized, pursuant to Arizona Revised Statutes (A.R.S.) § 11-251
and §§ 28-6701 et. seq., to lay out, maintain, control and manage public roads
within the County.

2. The City is authorized, pursuant to A.R.S. § 9-240 and §§ 9-276 ef. seq., to lay out
and establish, regulate and improve streets within the City and to enter into this
Agreement.

3. Public agencies are authorized, pursuant to A.R.S. §§ 11-951 et. seq., to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.

BACKGROUND

4. Olive Avenue is an arterial road located in unincorporated Maricopa County. The
County currently maintains Olive Avenue from the eastern jurisdictional boundary
of the City of El Mirage to the 99th Avenue alignment. The roadway is bordered on
the south by the City of Peoria and is bordered on the north by the City of
Youngtown. The current roadway has two travel lanes in each direction and a two-
way left turn lane.

5. The City has requested permission to erect a monument entry sign in County right-

of-way just east of the 115'" Avenue Trail Alignment, as depicted in Exhibit “A”
attached hereto (Project).

LCONO03222

DocuSign Envelope ID: 651F7BED-1D65-4094-B67F-3C4ADE5404A9

PURPOSE OF THE AGREEMENT

6. The purpose of this Agreement is to identify and define the responsibilities of the
Parties for the Project, including but not limited to cost sharing, design, permitting,
environmental clearance, right-of-way acquisition, utility relocation, construction,
and construction management.

TERMS OF THE AGREEMENT

7. The County shall:

7.1

7.2

7.3

74

Provide comments to the City within fifteen (15) working days of receipt of
the design plans from the City.

Issue no-cost permits and plan review fees to the City for any necessary
Project related work performed within the County.

Participate with the City in the final inspection of the Project.

Issue a no-cost permit to allow the City to maintain the monument entry sign
once it is constructed.

8. The City shall:

8.1

8.2

8.3

8.4

8.5

8.6

8.7

8.8

Act as the lead agency for all aspects of the Project.

Design and construct the Project to City standards.

Be responsible for one hundred percent (100%) of the Project Cost.
Provide the County with copies of design plans for review and comment.

Apply to the County for no-cost permits and plan review fees for any
necessary Project related work performed within County jurisdiction.

Be solely responsible for the costs of time by City staff that is dedicated to
the Project, including plan reviews and inspections

Participate with the County in the final inspection of the Project.

Submit a no-cost permit to maintain the monument entry sign once it is
constructed.

DocuSign Envelope ID: 651F7BED-1D65-4094-B67F-3C4ADE5404A9

10.

11,

12.

13.

GENERAL TERMS AND CONDITIONS

To the extent permitted by law, the City will indemnify, defend and save Maricopa
County harmless, including any of the County’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
indemnifying the County 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.

This Agreement shall become effective as of the date it is fully executed by the
governing bodies of the Parties and shall remain in full force and effect until all
terms and conditions of this Agreement have been satisfied,

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:

13.1 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.

13.2 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.

13.3 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.

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

DocuSign Envelope ID: 651F7BED-1D65-4094-B67F-3C4ADE5404A9

14.

15.

16.

17.

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, certifies
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:

Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch

2901 W. Durango Street

Phoenix, Arizona 85009

City of Peoria

Attn: City Manager

8401 West Monroe Street
Peoria, AZ 85345

Copy to:

City of Peoria

Development and Engineering Department
9875 N. 85!" Avenue

Peoria, Arizona 85345

DocuSign Envelope ID: 651F7BED-1D65-4094-B67F-3C4ADE5404A9

18.

19.

20.

21.

22.

23.

24.

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
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.

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

DocuSign Envelope ID: 651F7BED-1D65-4094-B67F-3C4ADE5404A9

IN WITNESS WHEREOF, the Parties have executed this Agreement.

CITY OF PEORIA

Recommended by:
a; ino a
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Jeff Tyne Date

City Manager

Approved and Accepted by:

Cathy Ca Date
Mayor (

Attest by:

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.

City Attorney

LCON03222

DocuSign Envelope ID: 651F7BED-1D65-4094-B67F-3C4ADE5404A9

IN WITNESS WHEREOF, the Parties have executed this Agreement.

MARICOPA COUNTY

Recommended by:

DocuSigned by:

Juuaifer Toth 5/11/2022

‘8SE8452A46BB0459...

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.

DocuSigned by:
cH Puce 5/11/2022

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Deputy County Attorney Date

EXHIBIT “A”

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