2023-09-18 - PC 326 - IGA WITH CITY OF GLENDALE - PERMIT FEES.PDF

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C23-0927 
INTERGOVERNMENTAL AGREEMENT 
BETWEEN MARICOPA COUNTY AND THE CITY OF GLENDALE 
TO WAIVE TRAFFIC CONTROL PERMIT FEES 
(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 Glendale, a municipal corporation 
(City). The County and City are collectively referred to as the Parties or individually as a Party. 
STATUTORY 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. Sections 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. authorize the City to lay out and 
establish, regulate, and improve streets within the City and to enter into this Agreement. 
BACKGROUND 
4. 
The Parties desire to develop and implement a cooperative agreement to waive traffic 
control permit fees under certain circumstances. 
5. 
There are instances where the City or its contractor is constructing a project adjacent to 
or near the County's right-of-way, but the County is not a partner in the project and the 
project work is not in the County's right-of-way. These projects may require traffic control 
devices to be set up in the County's right-of-way for proper notice and safety reasons. 
6. 
There are other instances where the County or its contractor is constructing a project 
adjacent to or near the City's right-of-way, but the City is not a partner in the project and 
the project work is not in the City's right-of-way. These projects may require traffic control 
devices to be set up in the City's right-of-way for proper notice and safety reasons. 
7. 
In the cases described in Paragraphs 5 and 6, it may be reasonable to consider waiving 
traffic control permit fees because each Party derives a benefit. 
8. 
The Parties recognize that the circumstances described in Paragraphs 5 and 6 occur an 
estimated five (5) times per year. The costs of the permits issued by each Party would be 
expected to total less than $1 ,000 in fees per year. Nothing in this Agreement shall limit 
the number of permits per year that are eligible under this Agreement.

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9. 
In this Agreement, traffic control permit fees include but are not limited to any and all plan 
review fees, processing fees, and permit fees. 
10. 
The City currently waives traffic control permit fees for the County under the circumstances 
described in Paragraph 6. This Agreement will formalize a reciprocal practice between the 
Parties. 
DURATION 
11 . 
This Agreement shall become effective as of the date it is approved by the governing 
bodies of the Parties and remains in full force and effect for five (5) years (Term). Any 
Party may terminate this agreement for any reason upon furnishing the other Party with 
written notice at least thirty (30) days before the effective termination date. 
PURPOSE OF THE AGREEMENT 
12. 
The purpose of this Agreement is to formalize a reciprocal agreement to waive traffic 
control permit fees in certain circumstances. 
TERMS OF THE AGREEMENT 
13. 
Responsibilities of the County and the City: 
13.1 
Each Party shall ensure that each permit issued under the authority of this 
Agreement complies with all standard permitting requirements and other terms as 
may be deemed necessary by the County Transportation Director (or designee) 
and the City Manager (or designee). 
13.2 
Each Party shall ensure any contractor liability insurance is acquired and lists the 
permitting Party as additional insured. Each Party shall also provide a copy of the 
insurance certificate to the permitting Party, as applicable. 
13.3 
Each Party shall reference this Agreement when applying for a permit under the 
conditions of this Agreement. 
13.4 
Each Party shall submit the required traffic control application(s) and traffic control 
plan(s). 
13.5 
Each Party shall expedite the review of the traffic control application and plan, if 
applicable. 
14. 
Responsibilities of the County: 
14.1 
The County Transportation Director (or designee) may, in coordination with the 
City Manager (or designee), determine projects suitable for eligibility to waive 
traffic control permit fees.

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14.2 
Upon receipt of proper documentation, as listed in Paragraph 13.4, the County 
shall waive all traffic control permit fees for City projects meeting the criteria in 
Paragraph 5 and Paragraph 13. 
14.3 
The County Transportation Director (or designee) shall retain appropriate files 
related to any permit issued under the authority of this Agreement until all terms 
provided in the Agreement and the pertinent permit have been satisfied, or as 
otherwise required by law. 
15. 
Responsibilities of the City: 
15.1 
The City Manager (or designee) may, in coordination with the County 
Transportation Director (or designee), determine projects suitable for eligibility to 
waive traffic control permit fees. 
15.2 
Upon receipt of proper documentation, as listed in Paragraph 13.4, the City shall 
waive all traffic control permit fees for County projects meeting the criteria in 
Paragraph 6 and Paragraph 13. 
15.3 
The City Manager (or designee) shall retain appropriate files related to any permit 
issued under the authority of this Agreement until all terms provided in the 
Agreement and the pertinent permit have been satisfied, or as otherwise required 
by law. 
GENERAL TERMS AND CONDITIONS 
16. 
By entering into this Agreement, the Parties agree that to the extent permitted by law, 
each Party will indemnify, defend and save the other Parties harmless, including any of 
the Parties' departments, agencies, officers, employees, elected officials, or agents, from 
and against all loss, expense, damage or claim of any nature whatsoever which is caused 
by any activity, condition or event arising out of the negligent performance or 
nonperformance by the indemnifying Party of any of the provisions of this Agreement. 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 event of an action, the damages which are the subject of this indemnity shall 
include costs, expenses of litigation, and reasonable attorney's fees. 
17. 
This Agreement shall be subject to the provisions of A.RS. Section 38-511 . 
18. 
The Parties warrant that they are in compliance with A.RS. Section 41-4401 and further 
acknowledge that: 
18.1 
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

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regulations that relate to their employees and their compliance with A.R.S. Section 
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. 
18.2 
Any breach of the warranty shall be deemed a material breach of the contract that 
is subject to penalties up to and including termination of the contract. 
18.3 
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 in order to facilitate such an inspection. 
18.4 
Nothing in this Agreement shall make any contractor or subcontractor an agent or 
employee of the Parties to this Agreement. 
19. 
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 in the Project described in this Agreement. 
20. 
Each of the following shall constitute a material breach of this Agreement and an event of 
default ("Default") hereunder: A Party's failure to observe or perform any of the material 
covenants, conditions, or provisions of this Agreement to be observed or performed by 
that Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) 
days after the Defaulting Party receives written notice of such failure from the non-
defaulting Party provided, however, that such failure shall not be a Default if the Defaulting 
Party has commenced curing the Default within such thirty (30) day period and thereafter 
is diligently pursuing such cure to completion, but the total aggregate cure period shall not 
exceed ninety (90) days unless the Parties agree in writing that additional time is 
reasonably necessary under such circumstances to cure such default. In the event a 
Defaulting Party fails to perform any of its material obligations under this Agreement and 
is in Default pursuant to this Section, the non-defaulting Party, at its option, may terminate 
this Agreement. Further, upon the occurrence of any Default and at any time thereafter, 
the non-defaulting Party may, but shall not be required to, exercise any remedies now or 
hereafter available to it at law or in equity. 
21. 
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, AZ 85301

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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, 
or registered 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 the United States Express Mail or an overnight courier that guarantee next-
day delivery shall be deemed given 24 hours after delivery of the notice to the Postal 
Service or courier. 
22. 
This Agreement does not imply authority to perform any tasks or accept any responsibility, 
not expressly stated in this Agreement. 
23. 
This Agreement does not create a duty or responsibility unless the intention to do so is 
clearly and unambiguously stated in this Agreement. 
24. 
This Agreement does not grant authority to control the subject roadway, except to the 
extent necessary to perform the tasks expressly undertaken pursuant to this Agreement. 
25. 
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 Glendale City Council 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. 
26. 
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. 
27. 
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, and there are no covenants, promises, agreements, conditions or 
understandings, either oral or written, between the Parties 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. This Agreement cannot be modified or changed 
except by a written instrument executed by all of the Parties hereto. Each Party has 
reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. 
28. 
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.

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29. 
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. 
30. 
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. 
31. 
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. 
32. 
Time is of the essence concerning this Agreement. Unless otherwise specified in this 
Agreement, the term "day" as used in this Agreement means calendar day. If the date for 
performance of any obligation under this Agreement or the last day of any time period 
provided in this Agreement falls on a Saturday, Sunday, or legal holiday, then the date for 
performance or time period shall expire at the close of business on the first day thereafter 
which is not a Saturday, Sunday or legal holiday. 
33. 
Sections and 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. 
34. 
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. 
35. 
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. 
36. 
Nothing in this Agreement cir any permit shall be construed as committing the Parties to 
incur capital expenditures for equipment, facilities, or otherwise, or to incur expenses 
associated with a project the Party is not a partner to. 
37. 
Nothing in this Agreement or any permit shall be interpreted to enlarge or expand the 
County's or City's authority. 
38. 
The Parties hereby agree that the venue for any claim arising out of or in any way related 
to this Agreement shall be Maricopa County, Arizona. 
39. 
This Agreement shall be governed by the laws of the State of Arizona. 
End of Agreement - Signature Page Follows

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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
GLENDALE 
Recommended by: 
KeviPhelps 
City Manager 
Date 
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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.

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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
MARICOPA COUNTY 
Recommended by: 
Jesse Gutierrez 
Transportation Director 
7/13/2023 
Date 
Approved and Accepted by: 
Chairman 
Board of Supervisors 
Attest by: 
Clerk of the Board 
APPROVAL OF DEPUTY COUNTY ATTORNEY 
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. 
ui~•:Np~ 
7/13/2023 
Deputy~8'CT~Ty1>'.:ttorney 
Date