Title
MCDOT Intergovernmental Agreement Indemnification Language (Ordinance S-46146)
Description
Request to authorize the City Manager, or his designee, to include a mutual indemnification provision in an Intergovernmental Agreement (IGA) with the Maricopa County Department of Transportation (MCDOT) that was previously authorized by Ordinance S-45239, waiving PCC 42-18. This authorization will not alter the amount previously authorized under Ordinance S-45239 authorizing the City’s share not to exceed $2.5 million.
Report
Summary
This request relates to a proposed IGA previously authorized by Ordinance S-45239. The proposed IGA highlighted MCDOT's plan to make improvements to Lower Buckeye Road from 71st to 67th Avenue in fiscal year (FY) 2020. Through the IGA the City will enter into a cost share agreement with MCDOT to complete full roadway improvements. This agreement includes widening this segment of Lower Buckeye Road to align with the adjacent roadway configuration and allows for other improvements such as sidewalks, Americans with Disabilities Act (ADA) sidewalk ramps, streetlights, and traffic signal upgrades. This section of Lower Buckeye Road was originally programmed for improvements in FY 2030 using Transportation 2050 (T2050) funds.
During negotiations MCDOT requested that the IGA include a mutual indemnity provision. Accordingly, staff requests an exemption from the indemnification prohibition set forth in Phoenix City Code 42-18 for a governmental entity pursuant to Phoenix City Code section 42-20 so that the City and County can include a mutual indemnity provision within the IGA.
Concurrence/Previous Council Action
The City Council previously approved the authorization to enter into an Intergovernmental Agreement with MCDOT (Ordinance S-45239) on Dec. 12, 2018.
Financial Impact
This authorization will not alter the amount previously authorized under Ordinance S-45239 authorizing the City’s share not to exceed $2.5 million.
Location
Lower Buckeye Road from 71st Avenue to 67th Avenue
Council District: 7
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.