IGA with City of Phoenix
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AGREEMENT NO.
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF PHOENIX AND THE
CITY OF GLENDALE FOR THE INSTALLATION, OPERATION, AND MAINTENANCE
OF STREETLIGHTING ON CAMELBACK ROAD BETWEEN
73rd AVENUE AND 75th AVENUE
Glendale CIPST23049 – Infill Lighting Phase II
This Intergovernmental Agreement (“Agreement”) is entered into as of
, 2026 (“Effective Date”), by and between the CITY OF GLENDALE
(“Glendale”), an Arizona municipal corporation, and the CITY OF PHOENIX (“Phoenix”),
an Arizona municipal corporation. Phoenix and Glendale are sometimes referred to
collectively as “Parties” and individually as a “Party.”
Recitals
A.
The Cities are authorized pursuant to A.R.S. Sections 9-240 and 9-276 to lay out and
establish, regulate and improve streets within the respective Phoenix and Glendale
jurisdictions.
B.
ARIZ. REV. STAT. § 11-952(A) provides that public agencies may enter into
intergovernmental agreements for the provision of services or for joint/cooperative actions.
C.
PURPOSE OF THE AGREEMENT
The purpose of this Intergovernmental Agreement is to identify and define the design,
construction, maintenance, and funding responsibilities of the Parties for the
construction of streetlighting along Camelback Road, which is part of a project to
install additional streetlights within Phoenix as part of Infill Lighting Phase II,
Glendale CIPST23049 (“the Project”) herein referred to as the PROJECT,
The PROJECT scope includes, but are not limited to, permitting, design,
construction, construction management and the perpetual maintenance of the
proposed streetlighting system.
D.
Background of Agreement:
a. Camelback Road is a major east-west arterial within the Phoenix
metropolitan area.
b. Camelback Road from 73rd Avenue to 75th Avenue lies within Glendale’s
city municipal limits. The Glendale area of maintenance responsibility is
limited to the back of curb on the south side of the roadway.
c. There is a segment of Camelback Road between 73rd Avenue and 75th
Avenue that is lacking streetlighting on the south side of the road. To
improve nighttime travel, Glendale is recommending the installation of 3
streetlights
d. The PROJECT is being funded with local funds using Glendale’s CIP
program.
e. The Project is being designed and constructed using Glendale local
funding.
E.
The Parties understand the terms of this Agreement—having negotiated it
freely with sufficient time and opportunity to consult with an attorney—and now enter into it
voluntarily.
Now, therefore, for good and valuable consideration, Phoenix and Glendale agree as
follows:
Agreement
I. Responsibilities
1.
Definitions: The defined terms under this Agreement are as follows:
1.1
“Project” means construction of streetlights as defined in project
documents for City of Glendale CIPST23049 – Infill Lighting Phase II.
2.
Glendale’s
Responsibilities.
Glendale’s
responsibilities
under
this
Agreement are as follows:
2.1
Glendale shall act as the lead agency for all aspects of the Project,
including, but not limited to, funding, design, utility coordination, right-of-way clearance,
permit acquisition, and construction.
2.2
Glendale shall design and construct the Project located within the city
of Phoenix limits to Phoenix and MAG Uniform Standard Specifications and Details for
Public Works Construction.
2.3
Glendale shall supply Phoenix with copies of design plans for review,
comment, and approval of the design of the streetlights within Phoenix.
2.4
Glendale shall be solely responsible for all actual and incurred costs of
the Project, including but not limited to design, permit acquisition, utility relocation, and
construction.
2.5
Glendale shall issue no-cost traffic control permits to Phoenix for any
traffic control required as part of regular maintenance and operations activities that will
impact roadway and traffic.
2.6
Glendale’s contractor shall not enter another jurisdiction’s Right-of-
Way unless prior authorization is acquired.
2.7
Glendale shall allow Phoenix access for operation and maintenance of
Streetlights after the completion of the PROJECT.
3.
Phoenix’s Responsibilities. Phoenix’s responsibilities under this Agreement
are as follows:
3.1
Phoenix shall assume all operation and maintenance responsibility and
associated liability for all streetlights installed in Camelback right-of-way under this
Agreement., as noted in Attachment A.
3.2
Phoenix shall apply to Glendale for no-cost traffic control permits for
any operation and maintenance work that will impact the roadway and traffic.
3.3
Phoenix shall review and provide comments to Glendale within fifteen
(15) working days of receipt of the design plans.
3.4
Phoenix shall issue no-cost permits to Glendale for any necessary
Project-related work performed within Glendale right-of-way.
3.5
Phoenix shall maintain and pay all utility costs associated with the 3
streetlights on the south side of 75th Avenue between 73rd Avenue and
75th Avenue in perpetuity.
4.
Notices Between Parties. The Parties deem that any notice that one Party
gives, makes, or sends to any other Party under this Agreement is fully given, made, or sent
when that notice is either: (1) personally delivered, which includes delivering by recognized
courier service (such as Fed Ex and United Parcel Service); or (2) deposited in the United
States by postpaid certified mail, addressed as follows:
4.1
To Phoenix:
City of Phoenix, Street Transportation Department
Attn: Briiana Velez, Director
200 West Washington Street, 5th Floor
Phoenix, Arizona 85003-1611
Phone: 602-262-6136
E-mail: briiana.velez@phoenix.gov
4.2
To Glendale:
City of Glendale, Transportation Department
Attn: Tony Abbo, P.E., PTOE
6210 W. Myrtle Ave, Suite 112
Glendale, AZ 85301
Phone: (623) 930-2951
E-mail: tabbo@glendaleaz.com
By written notice, a Party may change its address to which another Party may give, make,
or send a notice.
II. Statutory Requirements
5.
Duration – A.R.S. § 11-952(B)(1). This Agreement will expire 30 years from
its Effective Date (above). Unless otherwise lawfully terminated by the Parties, this
Agreement expires upon completion and acceptance of the Project and fulfillment of all
terms of the Agreement.
6.
Purpose – A.R.S. § 11-952(B)(2). Phoenix and Glendale enter into this
agreement to jointly procure the scope of work provided in § I above. This work will serve
to install streetlights in 14 locations within the City of Phoenix and the City of Glendale.
7.
Termination – A.R.S. § 11-952(B)(4). This Agreement will terminate upon the
earliest occurrence of any of the following:
7.1
the Agreement reaches the end of its term;
7.2
Phoenix completes—and Glendale accepts—all services set forth in
the Scope of Work (“Services”), attached and incorporated by reference as Exhibit 1
7.3
Phoenix or Glendale terminates agreement upon furnishing the other
with a written notice at least 30 days before the effective termination date, with each Party
to bear its own costs and expenses to date of termination.
III. Standard Terms and Conditions
8.
Recitals and Captions: The Parties acknowledge that recitals set forth above
are true and correct, and are incorporated into this Agreement by reference. The captions
in this Agreement are merely for reference, and not to construe or limit the text.
9.
Governing Law and Jurisdiction. The laws of the State of Arizona will
govern this Agreement. Any citations to a statute in this Agreement refers to the version of
that statute in effect when the Parties execute this Agreement. ARIZ. REV. STAT. §§ 12-133
and 12-1518 may require arbitration of a dispute. Otherwise, the dispute is subject to the
jurisdiction of the Maricopa County Superior Court.
10.
Compliance with Laws. Phoenix and Glendale will comply with all applicable
federal, state, and local laws, ordinances, codes, rules, regulations, and executive orders,
including those governing equal employment opportunity, immigration, nondiscrimination,
and the Americans with Disabilities Act.
11.
Mutual Benefits. In making the promises contained in this Agreement, the
Parties agree that certain benefits and advantages will accrue for each Party by
performance of this Agreement, so they enter this Agreement in reliance on the mutual
benefits afforded each Party.
12.
No Adverse Inference. This Agreement shall not be construed more strongly
against one Party or the other. The Parties to this Agreement had equal access to, input
with respect to, and influence over the provisions of this Agreement. Accordingly, no rule of
construction which requires that any allegedly ambiguous provision be interpreted more
strongly against one Party than the other shall be used in interpreting this Agreement.
13.
Successors and Assigns. The Parties bind themselves and their
successors, assigns, and legal representatives to this Agreement’s covenants. A Party may
not assign or otherwise transfer its interest in this Agreement without the other Parties’
written consent.
14.
No Agency Created. Nothing in this Agreement: (1) creates any partnership,
joint venture, or agency relationship between the Parties; or (2) gives any right or cause of
action for the benefit of any person, firm, organization, or corporation that is not a Party
here.
15.
No Third-Party Beneficiaries or Agency. Nothing in this Agreement gives
any rights or benefits to anyone but the Parties. All duties and responsibilities undertaken
under this Agreement are for the exclusive benefit of Phoenix and Glendale—and not any
other party. This Agreement does not create a contractual relationship with any third party
or otherwise establish any third-party beneficiaries. No third party may enforce the terms
and conditions of this Agreement.
16.
Contract Cancellation. The Parties acknowledge that this Agreement is
subject to cancellation by the either Party pursuant to the provisions of ARIZ. REV. STAT. §
38-511.
17.
No Payment of Consideration for Agreement. Phoenix and Glendale
warrant that they have not paid or given—and will not pay or give—any third person any
money or other consideration for obtaining this Agreement.
18.
Entire Agreement. This Agreement expresses the full agreement and
understanding of the Parties, superseding all prior written or oral communications.
19.
Modification. No supplement, modification, or amendment of this
Agreement’s terms are effective unless in writing and signed by the Parties.
20.
Severability. If any provision or application of this Agreement is invalid or
illegal, then the Agreement’s remainder endures unaffected and enforceable to the fullest
extent permitted by law—so long as the severability does not defeat this Agreement’s
fundamental purposes.
21.
Counterparts. The Parties may sign this Agreement in counterparts, and
each counterpart will be effective and enforceable as though it were the original agreement.
22.
Authority. Each Party represents and warrants that: (a) the person signing
this Agreement on the Party’s behalf is duly authorized and empowered to enter into and
execute the Agreement; and (b) all persons or entities affiliated with the Party are bound by
the terms of this Agreement.
23.
Default. In the event of default under this Agreement, the nondefaulting Party
will have all rights and remedies available to it at law or in equity. The exercise by any Party
of one or more such rights or remedies will not preclude that Party from exercising—at a
different time—any other rights or remedies for the same default or any other default by the
defaulting Party.
24.
Nonliability of Officials and Employees. In the event of any default or
breach by Phoenix or Glendale, no official or employee of Phoenix or Glendale will be
personally liable for any payments or other obligations due under this Agreement.
25.
No Waiver. A Party may not construe the failure or delay of another Party to
enforce—or require performance of—any of this Agreement’s provisions to be a waiver of
that provision. Such failure or delay will not affect the validity of any part of this Agreement
or the rights of the Parties to enforce every provision.
26.
Additional Documents/Actions. The Parties agree to execute and deliver all
documents and take all actions reasonably necessary to implement and enforce this
Agreement.
IV. Special Terms and Conditions
27.
Indemnity. Each Party (as “Indemnitor”) agrees to indemnify, defend, and
hold harmless the other Party (as “Indemnitee”) from and against any and all claims,
losses, liability, costs, or expenses (including reasonable attorney’s fees) (hereinafter
collectively referred to as “Claims”) arising out of bodily injury of any person (including
death) or property damage, but only to the extent that such Claims which result in
vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or
volunteers.
28.
Legal Worker Requirements. Glendale acknowledges that ARIZ. REV. STAT.
§ 41-4401 prohibits it from entering a contract for services with anyone who fails—or whose
subcontractors fail—to comply with e-verify requirements under ARIZ. REV. STAT. § 23-
214(A). Glendale warrants its own compliance—and the compliance of each contractor it
uses—with ARIZ. REV. STAT. § 23-214(A) and all federal immigration laws and regulations
that relate to employed personnel. Breach of this warranty is a material breach of the
Agreement, subject to penalties including termination of the Agreement. Phoenix retains the
legal right to inspect the papers of any Glendale or contractor employee who works under
the Agreement to ensure that Glendale is complying with this warranty.
29.
Audit. Phoenix reserves the right to audit Glendale’s books, accounts,
reports, files, and other records concerning Glendale’s performance under this Agreement.
All records relating to this Agreement will be subject at all reasonable times to inspection
and audit by Phoenix for five years following this Agreement’s termination. For that
duration, Glendale will keep all records pertaining to this Agreement on a generally accepted
accounting basis and produce them at an office designated by Phoenix upon request.
30.
Legal Worker Requirements. Phoenix acknowledges that ARIZ. REV. STAT.
§ 41-4401 prohibits it from entering a contract for services with anyone who fails—or whose
subcontractors fail—to comply with e-verify requirements under ARIZ. REV. STAT. § 23-
214(A). Phoenix warrants its own compliance—and the compliance of each contractor it
uses—with ARIZ. REV. STAT. § 23-214(A) and all federal immigration laws and regulations
that relate to employed personnel. Breach of this warranty is a material breach of the
Agreement, subject to penalties including termination of the Agreement. Glendale retains
the legal right to inspect the papers of any Phoenix or contractor employee who works under
the Agreement to ensure that Phoenix is complying with this warranty.
31.
Audit. Glendale reserves the right to audit Phoenix’s books, accounts,
reports, files, and other records concerning Phoenix’s performance under this Agreement.
All records relating to this Agreement will be subject at all reasonable times to inspection
and audit by Glendale for five years following this Agreement’s termination. For that
duration, Phoenix will keep all records pertaining to this Agreement on a generally accepted
accounting basis and produce them at an office designated by Glendale upon request.
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In witness whereof, Phoenix and Glendale, having carefully read and reviewed the
foregoing paragraphs, have executed this Agreement to be effective on the date first written
above.
CITY OF GLENDALE
Recommended by:
_______________________________
Patrick S. Banger
Date
City Manager
Approved and Accepted by:
_____________________________
Jerry P. Weiers
Date
Mayor
Attest by:
_____________________________
Julie K. Bower
Date
City Clerk
APPROVAL OF CITY ATTORNEY
I hereby state that I 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.
_________________________
Michael D. Bailey, City Attorney
CITY OF PHOENIX
Recommended by:
_______________________________
Briiana Velez
Date
Street Transportation Department Director
Approved and Accepted by:
_____________________________
Jeffery Barton, City Manager Date
Attest by:
_____________________________
Clerk of the Council
Date
APPROVAL OF CITY ATTORNEY
I hereby state that I 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.
_________________________
City Attorney
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of A.R.S. § 11-952(D), each of the undersigned
attorneys acknowledge: (1) that they have reviewed the above Agreement on behalf of their
respective clients; and (2) that, as to their respective clients only, each attorney has determined that
this Agreement is in proper form and is within the powers and authority granted under the laws of
the State of Arizona.
_______________________________ _________________________________
RoseMarie Horvath
Michael D. Bailey, City Attorney
Attorney for City of Phoenix
Attorney for City of Glendale
ATTACHMENT A
NEW STREELIGHTS INSTALLED IN THE CITY OF Phoenix’s RIGHT OF WAY
Proposed streetlights to be 4’
back of curb or at face of
sidewalk