IGA G-30227 FOR VALLEYWISE AIR QUALITY-SOUTH CENTRAL FINAL.PDF
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IGA Number G-30227
C-
INTERGOVERNMENTAL AGREEMENT
FOR THE USE OF REAL PROPERTY AND IMPROVEMENTS
BY AND BETWEEN
MARICOPA COUNTY
AND
MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT
Dba VALLEYWISE HEALTH
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into this
_______________, 2021, by and between Maricopa County, a political subdivision of the State of
Arizona, hereinafter referred to as (“County”), and Maricopa County Special Health Care District,
a political subdivision of the State of Arizona, dba Valleywise Health (the “District”). The County
and District collectively are referred to as the “Parties” and individually as a “Party.”
WHEREAS, District owns certain real property at 33 West Tamarisk Ave, Phoenix, Arizona 85041
(Assessor Parcel No. 113-30-064) (“Property”) and,
WHEREAS, District is authorized to enter into this Agreement with County per ARS 11-951 and
ARS 11-952, and,
WHEREAS, County requires access to, and use of the Property for the purpose of establishing and
operating an air quality monitoring site (the “Monitor Site”) (“Permitted Use”) on the Property as
indicated on Exhibit “A”, and,
WHEREAS, County is authorized to enter into this Agreement with District per ARS 11-951 and
ARS 11-952, and
WHEREAS, the Parties desire to enter into this Agreement under which County may enter upon
and use the Property and the Monitor Site of the District as described herein.
NOW, THEREFORE, in consideration of the following mutual covenants and other good and
valuable consideration, the sufficiency and adequacy of which is hereby acknowledged, the Parties
agree as follows:
1. The Recitals are hereby incorporated into this Agreement by this reference.
2. District hereby grants to County the right to enter and use the Property for the Permitted
Use, together with vehicular and pedestrian access rights to the Monitor Site across the
Property. The area of the Monitor Site will be approximately one thousand two hundred
square feet (1,200 square feet as depicted in more detail on Exhibit “A”).
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3. County will be solely responsible for the maintenance, loss, damage or theft of the air
quality monitoring equipment unless such maintenance, loss, damage or theft is due to
the action or negligence of the District.
4. The term of this Agreement shall commence on the date of execution of the Agreement
by the Parties and expire on December 31, 2026, approximately five (5) years after the
date of execution. The Agreement will automatically renew for two (2) subsequent
five (5) year terms unless terminated by either Party by giving the other Party ninety
days’ written notice prior to the expiration or renewal date of the Agreement, as the
case may be. Either Party may terminate this Agreement for any reason or no reason
by giving the other Party at least ninety (90) days’ prior written notice. This Agreement
is subject to the provisions of A.R.S. 38-511 and may be cancelled by County or the
District pursuant thereto without any liability or penalty.
5. Each party (as “Indemnitor”) agrees to indemnify to the extent permitted by Arizona
law, 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 fee)
(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 only by the
willful misconduct or gross negligence of the indemnitor, its officers, officials, agents
employees, or volunteers.
6. Notice under this Agreement shall be given by mail or via email, to the persons at the
addresses set forth and shall be effective three (3) calendar days after being sent unless
otherwise indicated in the notice:
PARTIES & NOTICE ADDRESSES:
DISTRICT:
MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT,
a political subdivision of the State of Arizona,
dba Valleywise Health
District’s Notice Address:
Christopher Melton
Contracts Department
Valleywise Health
2601 E. Roosevelt Rd.
Phoenix, Arizona 85008
Phone: 602-344-1495
Email: Christopher.Melton@valleywisehealth.org
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With copy to:
Ronald N. Hatcher
Hatcher & Nolasco, PLLC
5450 E. High Street, Suite 330
Phoenix, Arizona 85054
Phone: (480) 245-4479
Email: ron@hanattorneys.com
MARICOPA COUNTY: MARICOPA COUNTY
a political subdivision of the State of Arizona
Maricopa County's Notice Address:
Maricopa County Real Estate Department
2801 West Durango St.
Phoenix, Arizona 85009
Attn: Director
Phone: 602.506.4748
Email: alex.smith@maricopa.gov
With copy to:
Maricopa County Air Quality Department
2145 S. 11th Ave, Suite 170
Phoenix, Arizona 85007
Atten: Philip McNeely
Phone: 602-506-6701
Email: |Philip.McNeely@maricopa.gov
7. County shall not assign the Agreement without the express written permission
of District, and District agrees that said permission will not be unreasonably
withheld.
8. District acknowledges that County is self-insured.
9. The Agreement shall be binding upon and inure to the benefit of the
respective Parties, their successors, personal representative and assigns, and
shall be governed by, and constructed under the laws of the State of Arizona.
10. Upon expiration or termination of the Agreement, County shall retain
ownership of the air quality monitoring equipment, related personal property
and any related improvement to the Property (“Equipment”). County shall
have the right to remove the Equipment for a period of thirty (30) calendar
days after the expiration or termination of this Agreement.
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IN WITNESS, the Parties have signed this Agreement as of the last date written below.
DISTRICT:
MARICOPA COUNTY SPECIAL
HEALTH CARE DISTRICT, a political
subdivision of the State of Arizona, dba
Valleywise Health,
By:
Name:
Its:
ATTEST:
Clerk of the Board
Date
MARICOPA COUNTY:
MARICOPA COUNTY, a political subdivision of the State
of Arizona
By:
Jack Sellers, Chairman
Maricopa County Board of Supervisors
ATTEST:
Clerk of the Board
Date
APPROVED AS TO FORM:
Deputy County Attorney Date
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EXHIBIT ‘A’
Monitor Site