2024-10-14 - PC 1029 -C24-1056-MCDOT-IGA-COTTON-LN-STREET-LIGHTING.PDF
Extracted text (via pymupdf)
12233 characters
C24-1056
INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY
AND THE CITY OF GLENDALE FOR STREET LIGHTING ON
COTTON LANE BETWEEN MARYLAND AVENUE TO GLENDALE AVENUE
(C-64-24-__
-X-O0)
This Intergovernmental Agreement (Agreement) is between the County of Maricopa, a political
subdivision of the State of Arizona (County), and the City of Glendale (City) a municipal
corporation. The County and City are collectively referred to as the Parties or individually as a
Party.
AUTHORIZATION
1.
A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorizes the County to lay out,
maintain, control, and manage public roads within the County.
2.
A.RS. Section 11-951 et. seq. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or joint or cooperative action.
3.
A.RS. Section 9-240 and Sections 9-276 et. seq. authorizes the City to lay out and
establish, regulate, and improve streets within its jurisdiction and to enter into this
Agreement.
BACKGROUND
4.
Cotton Lane is a paved roadway owned, operated, and maintained by the County. The
City borders the roadway on the east side of Cotton Lane and unincorporated Maricopa
County is on the west side. The current roadway configuration has one southbound travel
lane and an alternating number of northbound lanes.
5.
The City's Hart Cotton Lane Industrial Development located at 6801 North Cotton Lane,
installed nineteen (19) streetlights in the County right-of-way on the west side of Cotton
Lane between Maryland Avenue and Glendale Avenue, (Project).
6.
The Parties have agreed that the County will own, maintain, and operate the streetlights.
The City shall pay for electricity to the streetlights associated with the Hart Cotton Lane
Industrial Development.
PURPOSE OF THE AGREEMENT
7.
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, ownership, operation, and
maintenance of the streetlights.
Docusign Envelope ID: 56FE4983-9AAD-4371-871D-E85B4E1950C1
TERMS OF THE AGREEMENT
8.
Responsibilities of the County:
1
Owns and maintains the streetlights that were constructed within the County's right-
of-way in conjunction with the Hart Cotton Lane Industrial Development.
9.
Responsibilities of the City:
1
Pay for the electrical service and meet all requirements of the utility providing
power until such a time that the City annexes Cotton Lane.
GENERAL TERMS AND CONDITIONS
10.
To the extent permitted by law, each Party will indemnify, defend, and save harmless the
other Party, including any of the other 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 that are the subject of this
indemnity shall include costs, expenses of litigation, and reasonable attorney's fees.
11.
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 Responsibilities
outlined in Sections 9 and 10 herein have been satisfied.
12.
This Agreement may be amended only upon written Agreement by all Parties.
13.
This Agreement is subject to the provisions of A.RS. § 38-511.
14.
The Parties warrant that they are following A.RS. § 41-4401 and further acknowledge that:
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.RS. § 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.
2
Any breach of the warranty shall be deemed a material breach of this Agreement, of which
the breaching party may be liable for penalties including termination of the agreement.
Docusign Envelope ID: 56FE4983-9AAD-4371-871D-E85B4E1950C1
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 to facilitate such an inspection.
4
Nothing in this Agreement shall make any contractor or subcontractor an agent or
employee of the Parties to this Agreement.
15.
Any contractor or subcontractor who engages in for-profit activity and has 10 or more
employees, if the value of the contra9t 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 according to 50 U.S.C. § 4842.
16.
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:
1
The forced labor of ethnic Uyghurs in the People's Republic of China.
2
Any goods or services produced by the forced labor of ethnic Uyghurs in the
People's Republic of China.
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.
4
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 before said one hundred eighty (180)
day period.
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 Default notice shall specify the
nature of the alleged default and how the default may be satisfactorily cured. The
total aggregate cure period shall not exceed ninety (90) days unless the Parties
otherwise agree in writing ("Aggregate Cure Period"). During the Aggregate
Cure Period, the Parties shall reasonably cooperate to toll statutes of limitations,
statutes of repose, or other deadlines fixed by law or court rule as to claims and
defenses that may exist. In the event of Default, the non-defaulting Party, at its
Docusign Envelope ID: 56FE4983-9AAD-4371-871D-E85B4E1950C1
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:
Maricopa County Department of Transportation
Attn: Intergovernmental Relations Branch
2901 W. Durango Street
Phoenix, Arizona 85009
City of Glendale
Attn: City Manager
5850 West Glendale Avenue
Glendale, Arizona 85301
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 the 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. Formal notice by a Party to the other of
a change of contact person or address shall be effective upon receipt.
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 under its fair meaning and without
regard to any presumption or other rule requiring construction against the party drafting
this Agreement.
20.
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 because of the continuation of any matter previously
waived.
21.
Except as otherwise provided in this Agreement, all covenants, agreements,
representations, and warranties outlined in this Agreement, or any certificate or instrument
executed or delivered according to this Agreement shall survive the expiration or earlier
termination of this Agreement for a period of one (1) year.
Docusign Envelope ID: 56FE4983-9AAD-4371-871D-E85B4E1950C1
22.
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. Scanned
and electronic signatures are acceptable as original signatures.
23.
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.
24.
The venue for any claim arising out of or in any way related to this Agreement shall be
Maricopa County, Arizona.
25.
This Agreement shall be governed by the laws of the State of Arizona.
End of Agreement• Signature Pages Follow
Docusign Envelope ID: 56FE4983-9AAD-4371-871D-E85B4E1950C1
IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY
Recommended by:
Jesse Gutierrez, P.E.
Transportation Director
Approved and Accepted by:
Chairman
Board of Supervisors
Attest by:
Clerk of the Board
APPROVAL OF DEPUTY COUNTY ATTORNEY
Date
Date
Date
The foregoing Agreement has been reviewed pursuant to A.RS.§ 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: 56FE4983-9AAD-4371-871D-E85B4E1950C1
10/9/2024
10/9/2024
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF GLENDALE
Approved and Accepted by:
_ d_--=---..!.
~ ~ c~.Pi:f:?'~==s:::_--
_
___:._ect-
___:_:_~ •2-v~y
Kevin Phelps
Date
City Manager
Attest by:
APPROVAL OF CITY ATTORNEY
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11952, as amended, by
undersigned Counsel, who has determined that it is in proper form and within the powers and
authority granted to the Glendale City Council under the laws of the State of Arizona.
(D
Date
Docusign Envelope ID: 56FE4983-9AAD-4371-871D-E85B4E1950C1