2024-08-14 - PC 922 -4J-BUCKEYE-SUN-VALLEY-PARKWAY-STREETLIGHT-IGA-5-16-2024-DOCX.PDF
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INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF BUCKEYE FOR STREET LIGHTING ALONG SUN VALLEY PARKWAY FROM INTERSTATE 10 TO THE EASTERN MUNICIPAL BOUNDARY (SUN CITY FESTIVAL) (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 (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.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. authorizes the City to lay out and establish, regulate, and improve streets within its jurisdiction and to enter into this Agreement. BACKGROUND 4. Sun Valley Parkway is a paved roadway owned, operated, and maintained by the County. The City borders the roadway on both sides. The current roadway has two travel lanes in each direction with a median. 5. Canyon Springs Boulevard and Desert Oasis Boulevard are paved roadways owned, operated, and maintained by the City. 6. The City will install streetlights on the north and south sides, and in the median of Sun Valley Parkway between I-10 to the Eastern Municipal Boundary (the Eastern Property Line of Sun City Festival), to improve safety for pedestrian traffic (Project). The City will install the streetlights within the County right-of-way. 7. The County does not own and therefore is not responsible for, the operation or maintenance of public street lighting to be installed because of this agreement. The County will not participate financially in the Project. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 PURPOSE OF THE AGREEMENT 8. 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, utility relocation, construction and construction management, and operation and maintenance of the streetlights. TERMS OF THE AGREEMENT 9. Responsibilities of the County: 9.1 Review and provide comments to the City within ten (10) working days of receipt of the design plans. The County shall approve design plans before issuing a permit. 9.2 Issue no-cost permits to the City for any necessary Project-related work performed within the jurisdiction of the County. 9.3 Allow the City perpetual access for the operation and maintenance of the streetlights. 9.4 Perform all inspections related to the Project. 9.5 Issue no-cost perpetual permits to the City for any traffic control required as part of regular street light maintenance and operations activities that will impact the County roadway and traffic. 10. Responsibilities of the City: 10.1 Act as the lead agency for all aspects of the Project, including but not limited to design, environmental clearance, utility relocation, permit acquisition, and construction. 10.2 Design and construct the Project to City standards that meet or exceed the most recent version of the American Association of State Highway and Transportation Officials (AASHTO) Roadway Lighting Design Guide. 10.3 Provide the County with copies of design plans for review, comment, and approval. 10.4 Apply to the County for no-cost permits for any necessary Project-related work performed within the jurisdiction of the County. 10.5 Require all contractors to carry liability insurance, and to name Maricopa County as an Additional Insured. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 10.6 Secure a power source and meet all requirements of the utility providing power. 10.7 Apply to the County for no-cost traffic control permits for any operation and maintenance work that will impact the County roadway or traffic. 10.8 Upon completion of the Project, maintain and operate the streetlights, and assume all associated costs including the cost of energy to power the streetlights. GENERAL TERMS AND CONDITIONS 11. 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 which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney’s fees. 12. 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 set forth in Sections 9 and 10 herein have been satisfied. 13. This Agreement may be amended only upon written Agreement by all Parties. 14. This Agreement is subject to the provisions of A.R.S. § 38-511. 15. The Parties warrant that they are following A.R.S. § 41-4401 and further acknowledge that: 15.1 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. 15.2 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. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 15.3 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. 15.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 16. 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. 17. 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: 17.1 The forced labor of ethnic Uyghurs in the People's Republic of China. 17.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 17.3 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. 17.4 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. 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 DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 diligently pursuing such cure to completion. The Default notice shall specify the nature of the alleged default and the manner in which 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 option, may terminate this Agreement without waiving any available remedies at law or in equity. 18. 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 With a copy to: City of Buckeye Attn: City Attorney 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. 19. 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. DocuSign Envelope ID: 7B3ADECB-8030-4D32-B257-CAE3446D7916 20. 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. 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. Scanned and electronic 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 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 08/06/2024 08/06/2024 08/06/2024 08/06/2024 * -* / $")- ). /$*)0( -ѷ 3х * "ц 25& #,2у цч /Ҋп5* 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