Item 8
REPORTetn nmoii Meeting Date: March 21, 2017 General Plan Element: Open Space and Recreation General Plan Goal: Encourage and cooperate with other agencies to preserve and protect regional open space
ACTION
Resolution authorizing the City to enter in an intergovernmental agreement with Maricopa County regarding the Maricopa Trail. Adopt Resolution No. 10720 authorizing Intergovernmental Agreement No. 2017-038-COS with Maricopa County for trail signage and maintenance on the Maricopa Trail through the City of Scottsdale.
BACKGROUND
The Maricopa Trail is a 315 mile-long multi-use trail that connects major open spaces around the Phoenix metropolitan area. The trail was conceptualized by the Maricopa County Parks Department in 1997, with the goal of creating a continuous trail linkage between the various Maricopa County Regional Parks, and other significant regional open space areas, including the City of Scottsdale's McDowell Sonoran Preserve.
The Maricopa Trail is established through two primary means: Constructing new trails for the sole purpose of being included as part of the Maricopa Trail, and designating previously existing or planned trails as part of the Maricopa Trail. The City of Scottsdale falls into the latter category, where certain existing routes within the city's trail and path network will be designated as part of the Maricopa Trail.
Beginning in the early 2000's, staff from the city's Preservation Division worked closely with the planners from the county to identify existing and planned trails within the city's network that met the county's goal of regional connectivity. As the city's trail planning evolved and trails were constructed, staff from the city and county continued to work together to refine the designated route for the Maricopa Trail through the Preserve.
Staff from the city's Transportation Department has also been working with the county planners to determine the route of the Maricopa Trail from where it leaves the southern edge of the Preserve and connects to the Arizona Canal. This portion of the route will follow existing paths and trails that are part of the city-wide network.
Action Taken City Council Report | Intergovernmental Agreement with Maricopa County
The Maricopa Trail through the City of Scottsdale will be acknowledged by adding the Maricopa Trail logo to path and trail directional signs as appropriate. The county will provide decals that can be used on existing signs. The logo will be incorporated into the artwork of the signs, as they are replaced overtime. The route will also be identified on maps produced by the city.
ANALYSIS & ASSESSMENT
Recent Staff Action In late 2015, the city completed construction of the majority of trails within the Phase 2C Planning Area in the far northern region of the Preserve, adjacent to the Tonto National Forest. With this work completed, staff from the city and the county were able to identify the final route through the Preserve that could carry the Maricopa Trail designation. Since that time, staff has begun including the reference of the Maricopa Trail on the public trail maps for the Preserve, and adding the Maricopa Trail logo as appropriate to the signage within the Preserve.
The Transportation Department is currently evaluating signage and mapping options for acknowledgement of the Maricopa Trail along appropriate portions of the city-wide path and trail network.
Significant Issues to be Addressed There are no significant issues to be addressed.
Community Involvement The McDowell Sonoran Preserve Commission has reviewed the concept of the Maricopa Trail at their meetings on October 2015, July 2016, and February 2017. The Transportation Commission reviewed the topic at their meeting in February 2017. The Paths and Trails Subcommittee of the Transportation Commission reviewed the topic at their meeting in December 2016. The McDowell Sonoran Preserve Commission, Transportation Commission, and the Paths and Trails Subcommittee are comprised of citizen volunteers.
RESOURCE IMPACTS
Staffing, Workload Impact The implementation of the Maricopa Trail will be conducted by existing City staff.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach Adopt Resolution No. 10720 authorizing Intergovernmental Agreement No. 2017-038-COS with Maricopa County for trail signage and maintenance of the Maricopa Trail.
Page 2 of 3 City Council Report | Intergovernmental Agreement with Maricopa County
RESPONSIBLE DEPARTMENT(S)
Community Services - Preservation Division
Transportation Department
STAFF CONTACTS (S)
Kroy Ekblaw, Preserve Director, [email protected]
Bill Murphy, Community Services Executive Director, [email protected]
Paul Basha, Transportation Director. [email protected]
APPROVED BY
KrwSk&law, Prespr^e Director l5ate 4^) [email protected] 7A//7 William B. Murphy, Con Jim Thompson, City Manager Date (480) 312-2811, [email protected] ATTACHMENTS 1. Resolution No. 10720 2. Intergovernmental Agreement No. 2017-038-COS Page 3 of 3 RESOLUTION NO. 10720 A RESOLUTION OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING INTERGOVERNMENTAL AGREEMENT NUMBER 2017-038-COS WITH MARICOPA COUNTY FOR TRAIL SIGNAGE AND MAINTENANCE WHEREAS, the Arizona Revised Statutes Section 11-951, et seq., provide that public agencies may enter into intergovernmental agreements for joint operation or cooperative action; WHEREAS, Article 1, Section 3-1 of the Charter of the City of Scottsdale authorizes the City to enter into intergovernmental agreements with various public agencies; WHEREAS, the participating jurisdictions desire to provide procedures to place'markers and signage and maintain the Maricopa Trail within the boundaries of the City of Scottsdale; and WHEREAS, it is beneficial to the City to establish the procedures for the City and Maricopa County to place signage and maintain the Maricopa Trail within the City’s corporate limits, include the trail in the City’s Master Transportation Plan, provide emergency services along the trail within the City’s boundaries as needed; NOW, THEREFORE, LET IT BE RESOLVED by the Council of the City of Scottsdale, Maricopa County, Arizona, as follows; Section 1. W .J. “Jim” Lane, Mayor, is hereby authorized and directed to execute, on behalf of the City of Scottsdale, Intergovernmental Agreement number 2017-038-COS for the purpose of placing signage, maintaining the trail within the City’s boundaries, and keeping the trail in the City’s transpiration master plan and providing emergency services. PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County, Arizona, this_day of, 2017. ATTEST: CITY OF SCOTTSDALE, an Arizona municipal corporation Carolyn dagger. City Clerk W. J. “Jim” Lane, Mayor APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY s Brace Washburn, City Attorney By: Joe Padilla, Deputy City Attorney 15357988V1 Page 1 of 1 ATTACHMENT 1 WHEN RECORDED RETURN TO: CITY OF SCOTTSDALE ONE STOP SHOP RECORDS Scott Hamilton 7447 E Indian School Road Scottsdale, AZ 85251 Contract No. 2017-038-COS (Resolution No. 10720) INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND CITY OF SCOTTSDALE THIS INTERGOVERNMENTAL AGREEMENT, hereinafter referred to as “AGREEMENT,” is made and entered into between the County of Maricopa, a political subdivision of the State of Arizona, hereinafter referred to as the “COUNTY,” and the City of Scottsdale an Arizona Municipal Corporation and hereinafter referred to as the “CITY,” together hereinafter referred to as the “PARTIES” or individually as a “PARTY”. WITNESSETH WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT pursuant to A.R.S. § 11-951 et seq.; and WHEREAS, the COUNTY, through its Parks and Recreation Department provides recreational opportunities and programs to the public; and WHEREAS, the CITY provides transportation and recreational opportunities and programs, including off-street non-motorized multiuse paths and trails, within the corporate limits of the CITY; and WHEREAS, the COUNTY, through its Parks and Recreation Department, desires to partner with the CITY to place signs on a multi-modal trail and path section necessary to continue the Maricopa Trail and this portion of the Maricopa Trail is identified as Segments 23, 24 and 25 (the “TRAIL” or “TRAILS”); and 14339833V2 Page 1 of 8 Contract No. 2017-038-COS ATTACHMENT 2 WHEREAS, such a proposed trail section would provide a segment of an alternative transportation route through the east valley communities, including the CITY, and sections of the trails that connect Spur Cross Ranch Conservation Area to McDowell Mountain Regional Park and to Usery Mountain Regional Park; and WHEREAS, since this Agreement will require administrative action from time to time to carry out the spirit and intent of the Agreement, each of the COUNTY’S and CITY’S Directors or designee is hereby given the authority and charged with the responsibility for proper administration of this AGREEMENT, whether or not specific authority is granted in any provision of this AGREEMENT. NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, and mutual promises and agreements of the PARTIES herein, it is agreed as follows: 1. PURPOSE The purpose of this AGREEMENT is for the CITY to provide support for the portions of the TRAILS that are proposed by the COUNTY and are part of the CITY’S Master Plans to also be designated “The Maricopa Trail”. 2. PROJECT DESCRIPTION 2.1 The TRAIL will follow routes designated as part of the CITY’S Shared Use Paths, Trails outside the McDowell Sonoran Preserve, and within the McDowell Sonoran Preserve trail system. The TRAIL will follow a route between the Arizona Canal and the Tonto National Forest, described as follows; Begin at the Nature Area at the northeast corner of the Arizona Canal and Hayden Road; Follow the path north along the west side of Hayden Road to McCormick Parkway; west on the north side of McCormick Parkway to Indian Bend Wash; north on the Indian Bend Wash Path to the underpass under the Pima Freeway (AZ Loop 101); north to Shea Boulevard; north to Cactus Road at 96**^ Street; east along the trail on the south side of Cactus Road to the east side of Frank Lloyd Wright Boulevard, ; northwest on the Central Arizona Project Canal Trail to the Quartz Trail; east on the Quartz Trail to the Paradise Trail; north on the Paradise Trail to the Gateway Loop Trail; west on the Gateway Loop Trail to the Windgate Pass Trail; northeast on the Windgate Pass Trail to the Windmill Trail; east on the Windmill Trail to McDowell Mountain Park. The TFtAIL continues through McDowell Mountain Park using the park’s trail system and exiting the northwest corner of the park; thence west on the County Park Connector Trail to the Gooseneck Trail; west on the Gooseneck Trail to 128‘^ Street; north on the Gooseneck Trail to Rio Verde Drive; east on the Gooseneck Trail to the Black Hill Trail; north on the Black Hill Trail to the Turpentine Trail; northeast on the Turpentine Trail to the Bootlegger Trail; north on the Bootlegger Trail to the Granite Mountain Loop Trail; northwest on the Granite Mountain Loop Trail to the Branding Iron Trail; west on the Branding Iron Trail to The Divide Trail; north on The Divide Trail to the Dove Valley Trail; northwest on the Dove Valley Trail to the shared boundary of the Scottsdale McDowell Sonoran Preserve and the Tonto National Forest. 14339833V2 Page 2 of 8 Contract No. 2017-038-COS 2.2 A graphic representation of the TRAIL is on the attached Trail Map,” Exhibit A. These corridprs will create an off-street multimodal trail opportunity as part of the TRAIL within the CITY’S corporate boundaries. This TRAIL is a connecting piece of the Maricopa Trail between the Spur Cross Ranch Conservation Area, McDowell Mountain Regional Park, and Usery Mountain Regional Park through neighboring jurisdictions. 3: RESPONSIBILITIES 3.1 It is agreed that the COUNTY will provide the following: 3.1.1 Provide to the CITY signage or other route markers such as decals to be used in designating the TRAIL as the Maricopa Trail. 3.1.2 Partner with and/or support the CITY in future efforts to secure funding for TRAIL improvements including, but not limited to Letters of Support on applications for funding. 3.1.3 Display this portion of the TRAIL on the COUNTY’S maps and website. 3.2 It is agreed that the CITY will provide the following: 3.2.1 Designate the route of the TRAIL with signage or route markers. These may be metal signs provided by the COUNTY and installed by the CITY, or decals provided by the COUNTY and added to existing wayfinding signs by the CITY. As wayfinding signs are replaced over time, the Maricopa Trail designation may be included in the artwork for replacement signs. 3.2.2 Maintain TRAILS within the CITY’S corporate boundaries, unless they are maintained by private property owners through agreements or plats already in place. 3.2.3 Include TRAILS as part of the CITY’S Transportation Master Plan and trails and paths map publications. 3.2.4 Assure that TRAILS will remain as part of the CITY’S Transportation Master Plan and General Plan. Encourage and support, through future funding opportunities as they become available, any improvements to the trails along the TRAIL alignment. 3.2.5 Provide emergency services as needed along the TRAIL within the CITY’S corporate boundaries as defined by the current policies and agreements of the CITY and as modified from time-to-time in the sole discretion of the CITY. 4. ADMINISTRATIVE ACTIONS As this AGREEMENT may require administrative action from time to time to carry out the spirit and intent of the AGREEMENT, the COUNTY’S and CITY’S Preserve and Transportation Directors or designee is hereby given the authority and charged with the responsibility for proper 14339833V2 Page 3 of 8 Contract No. 2017-038-COS administration of this AGREEMENT, whether or not specific authority is granted in any provision of this AGREEMENT. 5. TERM OF AGREEMENT The term of this AGREEMENT shall begin on the date of execution by the Maricopa County Board of Supervisors, and shall expire ten (10) years thereafter except that the provisions providing for the use of the right of way for the TRAIL shall continue for so long as the TRAIL continues to exist and to the extent defined and permitted by the legal entitlement necessary for the TRAIL defined in Section 2. This AGREEMENT may be extended or amended upon mutual written agreement of both parties and as described in Section 10 of this AGREEMENT. 6. TERMINATION 6.1 Termination by the Parties. Each PARTY shall have the right to terminate this AGREEMENT by mailing the other PARTY written notice (Section 13) of termination by certified mail, return receipt requested, at least thirty (30) days prior to the effective date of said termination, subject however to the continued use of the TRAILS. 6.2 Termination by Performance. The PARTIES recognize that performance by COUNTY and the CITY under this AGREEMENT may be dependent upon the appropriation of funds by the State Legislature of Arizona or the Maricopa County Board of Supervisors or the Scottsdale City Council. Should the Legislature or the Board or the Council at any time fail to appropriate the necessary funds for such performance, then, by written notice to COUNTY or to the CITY by the other PARTY this AGREEMENT may be cancelled with no further duty or obligation hereunder. 7. ASSIGNMENT AND DELEGATION Neither PARTY may assign any rights hereunder without the express written prior consent of both PARTIES. 8. DISPUTES This AGREEMENT shall be subject to arbitration as may be required by A.R.S. § 12-1518. 9. CONFLICT OF INTEREST The PARTIES acknowledge that this AGREEMENT is subject to cancellation provisions pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein and made a part hereof. 10. ENTIRE AGREEMENT This AGREEMENT contains the entire understanding of the PARTIES hereto. There are no representations or provisions other than those contained herein. This AGREEMENT shall not be amended or modified, in any manner, except by an instrument in writing, signed by the 14339833v2 Page 4 of 8 Contract No. 2017-038-COS PARTIES hereto. Significant changes in the scope of work may be negotiated, .subject to a fully executed contract amendment. 11. INVALIDITY OF PART OF THIS AGREEMENT The PARTIES agree that should any part of this AGREEMENT be held to be invalid or void, the remainder of the AGREEMENT shall remain in full force and effect and shall be binding upon the PARTIES. 12. GOVERNING LAW This AGREEMENT shall be construed under the laws of the State of Arizona and shall incorporate by reference, ail laws governing the interagency agreements and mandatory contract provisions of state agencies required by statute or executive order. 13. NOTICES All notices under this AGREEMENT, including request for reimbursement, and payments on such requests shall be.emailed, mailed or delivered to the party to receive such notice, and shall be in writing and shall be emailed or mailed sent by U.S. Postal Service, postage prepaid, and addressed to the following individuals: For the CITY: Mr. Kroy Ekblaw, Preserve Director City of Scottsdale 7447 East Indian School Road #300 Scottsdale, AZ 85251 (480)312-7064 Email: [email protected] Mr Paul Basha, Transportation Director City of Scottsdale 7447 East Indian School Road, Suite 205 Scottsdale, AZ 85251 (480)312-7651 Email: [email protected] For the COUNTY: Mr. Richard J. Cardin, Director Maricopa County Parks and Recreation Department 41835 North Castle Hot Springs Road Morristown, AZ 85342 (928) 501-9200 Email: [email protected] 14. COMPLIANCE WITH NON-DISCRIMINATION LAWS The PARTIES agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, non-discrimination, and affirmative action. 15. INCORPORATION OF RECITALS 14339833V2 Page 5 of 8 Contract No. 2017-038-COS The recitals to this AGREEMENT are hereby affirmed by the PARTIES as true and correct and are incorporated in and made a part of this AGREEMENT by this reference. 16. EXHIBITS All exhibits attached to and referenced in this AGREEMENT are by this reference incorporated herein. 17. WAIVER No waiver by any PARTY of a breach of this AGREEMENT will be construed as a waiver of succeeding breach of the same or any other covenant of this AGREEMENT. No delay exercising any right granted by this AGREEMENT will constitute a waiver of that right. 18. INDEMNIFICATION The PARTIES hereby agree that to the extent permitted by law, each PARTY will defend, protect, release, indemnify and save the other PARTY harmless, including any of the PARTY’S 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 directly or indirectly, in whole or in part, out of the performance or nonperformance by the indemnifying party of any of the provisions of this AGREEMENT. Each PARTY hereby 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, directly, or indirectly, in whole or in part, out of or in any way connected with the performance or nonperformance of this AGREEMENT, except such injury or damage as shall have been occasioned 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, officer’s, 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. 19. INSURANCE Each PARTY shall maintain Commercial General Liability (GGL) insurance coverage for losses associated with this AGREEMENT in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate with the other PARTY to be named , as an additional insured. The PARTIES acknowledge that IVTaricopa County and The City are self-insured as provided in A.R.S. § 11-981 and .that this self-insurance fully complies with the requirements under this section. 20. NONLIABILITY OF OFFICIALS AND EMPLOYEES No official, representative, agent, attorney or employee of the CITY shall be personally liable to COUNTY, or to any successor in interest to COUNTY, in the event of any default by the CITY or for any amount which may become due to COUNTY or successor, or with respect to any obligation of the CITY under the terms of this AGREEMENT. No official, representative, agent, attorney or employee of the COUNTY shall be personally liable to the CITY, or any successor in interest to the CITY, in the event of any default by the 14339833V2 Page 6 of 8 Contract No. 2017-038-COS COUNTY for any amount which may become due to the CITY of successor, or with respect to any obligation of the COUNTY under the terms of this AGREEMENT. 21. E-VERIFY To the extent applicable under Arizona Revised Statutes § 41-4401, each PARTY and its contractors and subcontractors warrant their compliance with all federal immigration laws and regulations that relate to their employees and their, compliance with the E-verify requirements under Arizona Revised Statutes § 23-214(A). A breach of the above-mentioned warranty by any PARTY or its contractors or subcontractors shall be deemed a material breach of the AGREEMENT and may result in the termination of the AGREEMENT by the non-breaching PARTY. Each PARTY retains the legal right to randomly inspect the papers and records of the other PARTY’S or its contractors' or subcontractors' employees who work on the Project to ensure that the other PARTY and its contractors and subcontractors are complying with the above-mentioned warranty. 22. AUTHORITY Each PARTY covenants and warrants to the other PARTY that; (a) it is duly authorized to execute this AGREEMENT; and (b) the execution of this AGREEMENT has been duly authorized by the applicable PARTY. 23. COUNTERPARTS 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 one and the same instrument. Faxed and copied signatures are acceptable as original signatures. 24. TIME IS OF THE ESSENCE Time is of the essence of this AGREEMENT. If the date for performance of any obligation hereunder or the last day of any time period provided herein shall fall on a Saturday, Sunday or legal holiday, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday or legal holiday. 14339833V2 Page 7 of 8 Contract No. 2017-038-COS MARICOPA COUNTY CITY OF SCOTTSDALE, an Arizona Municipal BOARD OF SUPERVISORS Corporation By:^ Chairman Date W.J. “Jim” Lane, Mayor Date ATTEST ATTEST By: Clerk of the Board Date Carolyn Jagger, City Clerk Date Approved as to Form: Approved as to Form: Office of the City Attorney Attorney for Maricopa County Date BrucA^ashburn, City Attorney ’ Date By Joe Padilla, Deputy City Attorney STATE OF ARIZONA) ) ss. County of Maricopa ) This document was acknowledged before me this day of, 2017, by , for and on behalf of Maricopa County a Political Subdivision of the State of Arizona. My commission expires: NOTARY PUBLIC STATE OF ARIZONA) ,ss. County of Maricopa This document was acknowledged before me this _ day of 2017, by W. J. “Jim” Lane, Mayor, for and on behalf of The City of Scottsdale, an Arizona Municipal Corporation. My commission expires: NOTARY PUBLIC 14339833V2 Page 8 of 8 Contract No. 2017-038-COS Exhibit A Contract No. 2017-038-COS (Resolution No. 10720) Tonto STAGECOACH PASS Rl National Forest CAREFREE HWV|" Scottsdale ^ McDowell J DOVE VALLEY Rl Sonoran 'A Preserve iZ lone mountain RD| DIXILETA DRl DYNAMITE BLVD“ JOMAX RD HAPPY VALLEY RDJ PINNACLE PEAK ROl McDowell ' V Mountain ^ DEER VALLEY RD Regional ir \ Park 1 THOMPSON PEAK PK\ Scottsdale UNION HILLS DR I McDowell Sonoran Preserve GREENWAY RD THUNDERBIRD RD CACTUS RDf SHEA BLVd DOUBLETREE RANCH RD few cocofefefeco Map date: Jan 2017 VIA DE VENTURA Legend TRAIL Subject to Contract 2016-042-COS INDIAN BEND RD • ••• Trail per Existing County/SRP Agreement LINCOLN DR Trail in County Park MCDONALD DR