COUNTY SIGNED - FCD BUCKEYE YARD USAGE 10282020.PDF

DocuSign Envelope ID: 1A598475-12FA-4023-8BBE-2ECDB12812F3

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY

AND THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
For

Buckeye Yard Usage

(District C-69-21- -3-00, IGA FCD No. 2020A016
County C-64-21- -M-00)

This Intergovernmental Agreement (Agreement) is entered into by and between the
Flood Control District of Maricopa County, a political subdivision of the State of Arizona
(District), and Maricopa County, a political subdivision of the State of Arizona (County).
The District and the County are collectively referred to as the Parties or individually as a
Party.

STATUTORY AUTHORIZATION

1. The District is authorized pursuant to A.R.S. Section 48-3603 et. seq. to construct,
operate and maintain flood control structures and facilities and to enter into this
Agreement.

2. The County is authorized pursuant to A.R.S. Section 11-251 and Sections 28-6701
et. seq. to lay out, maintain, control and manage public roads within the County.

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

BACKGROUND

4. Maricopa County Department of Transportation (MCDOT) has received funding
for its facilities and operations from the Arizona Highway User Revenue Fund
(HURF), pursuant to Article 9, Section 14 of the Arizona Constitution, which
limits the purposes for which HURF monies may be expended on highway and
street related purposes.

5. District has a need for facilities for a storage and work yard and office space in the
West Valley of the County to support its Operation and Maintenance Division. The
County owns Assessor Parcel Number 401-87-001G (Buckeye Yard), as
reflected in the attached Exhibit A. The Buckeye Yard has facilities that meet
the needs of the District and has been previously used by the District, pursuant to
a lease dated May 1, 2015.

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6. Maricopa County Real Estate Department (MCRED) has recently evaluated
market rates in the Buckeye, Arizona area and determined an annual usage fee of
$4.20 per square foot to be appropriate for the Premises described in 8.1 below.

PURPOSE OF THE AGREEMENT

7. It is in the best interest of the Parties to continue collaboration on yard and office
space allocation within Buckeye Yard. This Agreement identifies and defines the
responsibilities of the District and the County related to District activities at the
Buckeye Yard.

TERMS OF AGREEMENT

8. County shall:

8.1

8.2

8.3

8.4

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Allocate for the use by the District within the Buckeye Yard, approximately
2,891 square feet of office space (Office Area) located in a building at
26449 West MC 85, Buckeye, AZ 85326 (Building), and approximately
16,000 square feet of yard area space (Yard Space). The Office Area is
shown on the attached Exhibit B. In this agreement, Premises shall mean
the Office Area, as designated by MCDOT within the Building, and shall
include the right of the District to utilize 16,000 square feet of Yard Space
in the area or areas, as designated by the MCDOT Facilities Project
Manager.

Charge the District $12,142 annually for usage of the Premises. Billing for
such charge shall be initiated by MCDOT’s Financial Services Division via
a Journal Voucher (JV), no later than July 10th of each fiscal year for that
current fiscal year’s charges.

Provide utilities, land-line phones, equipment necessary to connect to the
County computer network, routine cleaning services, building security,
restrooms, landscaping, waiting areas, vehicle parking, and other common
areas. County shall also provide routine building maintenance to the
Premises at no cost to the District. Existing furniture within the Premises
may be utilized. Any Ergonomic requests made by District employees are
subject to the limitations mentioned in section 9.5.

Shall be responsible, through its Infrastructure Technology Center (ITC)
Division, for the overall installation, operation, and support of desktop
computers, laptop computers and peripherals within the allocated area,
subject to the limitations mentioned in section 9.3. Desktops and/or laptops
may be networked to each other, or to remote servers owned and
operated by ITC and/or County. Through ITC coordination with Maricopa
County Telecom, MCDOT will provide network access from each
workstation to the County-wide area network and will maintain and manage

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8.5

8.6

all equipment needed to access the County-wide area network that is
permanently installed in the building, such as jacks, switches, and routers.

Provide advance notice to District when accommodating Palo Verde
Nuclear Power Plant drill personnel on the Premises.

Invoice District as needed for charges incurred under sub-section 9.3 below.

9. District shall:

9.1

9.2

9.3

9.4

October 20, 2020

Occupy only the Premises, as described in section 8.1 of this Agreement.

Pay annually $12,142 for use of the Premises via JV on a fiscal year basis
to MCDOT Financial Services Division. Payment shall be made by July 10th
of each new fiscal year.

Pay, within 45 days of receipt of invoice from MCDOT’s Financial Services
Division for the following additional expenses, if any:

9.3.1 The cost of non-routine maintenance, which shall be determined by
the MCDOT Facilities Project Manager; and Premises remodeling or
janitorial fees initiated as a special request by the District.

9.3.2 The costs for repair/replacement resulting from any damage
caused to Premises by District employees and/or its visitors.

9.3.3 For use of copy machines District staff primarily uses. This
includes the leasing of, maintenance, service calls and supplies for
each copy machine.

9.3.4 Any new computer equipment, unless already processed via a
District Purchase Order and for any County ITC branch-related
charges, per the current Interdepartmental Agreement (IDA)
between the District and ITC.

9.3.5 All costs and fees for District wireless telecommunications, which
may be separately billed by the County, and for any County ITC
branch-related charges, per the current IDA between the District
and ITC.

9.3.6 Any new furniture purchases and _ related electrical/data
requirements to support such installation.

Be responsible for maintenance of plants brought inside the Premises by
District personnel.

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9.5

9.6

9.7

9.8

9.9

9.10

9.11

9.12

9.13

Be responsible for any Ergonomic requests made by District personnel,
including arranging for such services, as well as paying for all related costs
of the Ergonomic review services and any additional equipment or furniture
recommended/required as a result of the Ergonomic evaluation.

Not locate, or cause to be located, within the Premises any hazardous
materials without the written consent of the MCDOT Facilities Project
Manager.

Not authorize any remodeling of, or modifications to, the Premises
without prior written consent of the MCDOT Facilities Project Manager
and MCDOT Transportation Director.

Not permit use of the Premises to anyone other than District personnel,
without written consent of the MCDOT Facilities Project Manager.

Follow MCDOT procedures in reporting any facilities related requests,
problems and/or complaints regarding the Building, Building components,
parking, and/or service.

Comply with before and/or after work hour Building access and security
rules as established by County Policy.

Comply with emergency evacuation and/or fire evacuation rules as
established by County Policy.

Utilize all measures necessary and required to ensure the Premises comply
with applicable regulations, rules, laws, ordinances or statutes. Leave the
Premises in as near the same condition that it was prior to the
commencement of this Agreement. All tools, equipment and other personal
property taken upon, or placed upon the Premises, shall be removed.

Accommodate Palo Verde Nuclear Power Plant drill personnel on the
Premises as explained in section 8.5 above.

GENERAL TERMS AND CONDITIONS

10. By entering into this Agreement, each Party indemnifies the other against all
liability, losses and damages of any nature for or on account of any injuries or
death of persons or damages to or destruction of property arising out of or in any
way connected with the performance or nonperformance of this Agreement, except
such injury or damage as shall have been caused or contributed to by the
negligence of that other Party. The damages which are the subject of this
indemnity shall include, but not be limited to, the damages incurred by any Party,
its departments, agencies, officers, employees, elected officials or agents. In the

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11.

12.

13.

14.

15.

16.

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 commence July 1, 2020 for a term of five years, expiring
June 30, 2025. This Agreement shall be approved by the Maricopa County Board
of Supervisors and the Flood Control District of Maricopa County Board of
Directors and may only be amended upon written Agreement by the Parties.

This Agreement shall be subject to the provisions of A.R.S. Section 38-511.

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 under this
Agreement.

All notices required under this agreement to be given in writing shall be sent to:

Flood Control District Maricopa County

of Maricopa County Department of Transportation
Attn: Director Attn: Director

2801 West Durango Street 2901 West Durango Street
Phoenix, AZ 85009-6356 Phoenix, AZ 85009-6357

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, certified mail or U.S. Postal Service Express Mail, with postage prepaid,
and shall be deemed sufficiently given if served in a manner specified in this
paragraph. Either Party may by written notice to the other specify a different
address for notice. Any notice sent by registered or 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 courier that guarantee next day delivery shall be
deemed given 24 hours after delivery of the notice to the Postal Service or courier.

Any funding provided for in this Agreement, other than in the current fiscal year, is
contingent upon being budgeted and appropriated by the Maricopa County Board
of Supervisors and the Flood Control District of Maricopa County Board of
Directors in such fiscal year. This Agreement may be terminated by any Party at
the end of any fiscal year due to non-appropriation of funds.

This Agreement shall be binding upon and inure to the benefit of the Parties and
their respective successors and assignees. Neither Party shall assign its interest
in this Agreement without the prior written consent of the other Party.

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17.

18.

19.

20.

21.

22:

23.

24.

25.

This Agreement, and all Exhibits attached to this Agreement, set forth all of the
covenants, promises, agreements, conditions and understandings between the
Parties to this Agreement related to District's use of the Premises, and there are
no covenants, promises, agreements, conditions or understandings, either oral or
written, between the Parties related to District's use of the Premises, other than as
set forth in this Agreement, and those agreements which are executed
contemporaneously with this Agreement. 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.

Wherever possible, each provision of this Agreement shall be interpreted in such
a manner as to be valid under applicable law, but if any provision shall be invalid
or prohibited under the law, such provision shall be ineffective to the extent of such
prohibition or invalidation but shall not invalidate the remainder of such provision
or the remaining provisions.

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.

Nothing contained in this Agreement shall create any partnership, joint venture or
other agreement between the Parties hereto. Except as expressly provided in this
Agreement, no term or provision of this Agreement is intended or shall be for the
benefit of any person or entity not a party to this Agreement, and no such other
person or entity shall have any right or cause of action under this Agreement.

Section or other headings contained in this Agreement are for reference purposes
only and shall not affect in any way the meaning or interpretation of this Agreement.

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. Faxed, copied and scanned signatures are acceptable as original
signatures.

The Parties agree to 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 Parties hereby agree that the venue for any claim arising out of or in any way

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related to this Agreement shall be Maricopa County, Arizona.
26. This Agreement shall be governed by the laws of the State of Arizona.

27. The District and County have chosen attorneys employed by the Civil Services
Division of the Maricopa County Attorney’s Office (“Civil Services Division”) to act
as their attorney for the purpose of reviewing this Agreement. In so doing, by their
signature below, each party acknowledges that it is aware that the Civil Services
Division will represent these two parties to this Agreement, and each Party
expressly waives any conflict created thereby.

End of Agreement - Signature Pages Follow

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IN WITNESS WHEREOF, the Parties have executed this Agreement.

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY

Recommended by:

Michael A. Fulton Date
Director

Approved and Accepted by:

Clint Hickman, Chairman Date
Board of Directors

Attest by:

Clerk of the Board Date

APPROVAL OF GENERAL COUNSEL

The foregoing Agreement FCD 2020A016 has been reviewed pursuant to A.R.S. 48-
3603, as amended, by the undersigned General Counsel, who has determined that it is
in proper form and within the powers and authority granted to the Flood Control District
of Maricopa County under the laws of the State of Arizona.

Flood Control District General Counsel Date

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IN WITNESS WHEREOF, the Parties have executed this Agreement.

MARICOPA COUNTY
Recommended by:
DocuSigned by:
Juunifer Totle 10/21/2020
89E8452A6BB0459...
Jennifer Toth, P.E. Date

Transportation Director

Approved and Accepted by:

Clint Hickman, 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:

[H pike 10/23/2020
9B0782D9F1CF48E...

Deputy County Attorney Date

October 20, 2020 Page 9

DocuSign Envelope ID: 1A598475-12FA-4023-8BBE-2ECDB12812F3

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