2024-08-14 - PC 921 -4K-BUCKEYE-WELCOME-SIGNAGE-5-16-2024.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF BUCKEYE FOR THE INSTALLATION OF WELCOME SIGNAGE IN COUNTY RIGHT OF WAY (C-64-24-_____-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 Buckeye 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 et. 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. The City has requested permission to erect welcome signage (Exhibit A) in multiple locations (Exhibit B) in County right-of-way (Project). PURPOSE OF THE AGREEMENT 5. 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 6. The County shall: 6.1 Provide comments to the City within fifteen (15) working days of receipt of the design plans from the City. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 6.2 Issue no-cost permits and waive plan review fees to the City for any necessary Project-related work performed within the City. 6.3 Participate with the City in the final inspection of the Project. 7. The City shall: 7.1 Act as the lead agency for all aspects of the Project. 7.2 Design and construct the Project to City standards. 7.3 Be responsible for one hundred percent (100%) of the Project Cost. 7.4 Provide the County with copies of design plans for review and comment. 7.5 Apply to the County for no-cost permits with waived plan review fees for any necessary Project-related work performed within County jurisdiction. 7.6 Be solely responsible for the costs of time by City staff that are dedicated to the Project, including plan reviews and inspections. 7.7 Participate with the County in the final inspection of the Project. 7.8 Maintain the Project sign once it is constructed. GENERAL TERMS AND CONDITIONS 8. 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, damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney’s fees. The Parties w i l l secure and maintain adequate insurance coverage (including but not limited to public entity insurance) for all risks that may arise under this Agreement. The Parties may fulfill this insurance obligation by acquiring commercial insurance or by maintaining and operating a self-insurance program. Upon request, the Parties shall exchange certificates of insurance or self-insurance. 9. 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. 10. This Agreement may be amended only upon written Agreement by all Parties. 11. This Agreement is subject to the provisions of A.R.S. § 38-511. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 12. The Parties warrant that they are following 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 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. 14.4 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 prior to said one hundred eighty (180) day period. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 15. 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. 16. 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 Buckeye Attn: City Manager 530 East Monroe Avenue Buckeye, Arizona 85236 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. 17. 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. 18. 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. 19. 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. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 20. 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. 21. 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. 22. 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. 23. The venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 24. This Agreement shall be governed by the laws of the State of Arizona. End of Agreement - Signature Pages Follow DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 IN WITNESS WHEREOF, the Parties have executed this Agreement. BUCKEYE Recommended by: City Manager Date Approved and Accepted by: Mayor Date 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 the 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 Date DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 August 6, 2024 August 6, 2024 August 6, 2024 August 6, 2024 * -* / $")- ). /$*)0( -ѷ х -3!4!!"5"$1$т)р(-. $$%#,- IN WITNESS WHEREOF, the Parties have executed this Agreement. MARICOPA COUNTY Recommended by: Jesse Gutierrez, 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: 7B3ADECB-8030-4D32-B257-CAE3446D7916 5/28/2024 5/28/2024 Welcome Signage The sign is 60 inches wide and 48 inches tall. Exhibit A DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 Welcome sign locations in MCDOT ROW. Exhibit B DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916