ROOSEVELTST-IGA-2022A017-SIGNED-COT-COS.PDF

C2023-29 
INTERGOVERNMENTAL AGREEMENT 
Among 
THE CITY OF TEMPE 
and the 
THE CITY OF SCOTTSDALE 
and the 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
for the 
RIGHTS-OF-WAY ACQUISITIONS, DESIGN, UTILITY RELOCATIONS, CONSTRUCTION, 
CONSTRUCTION MANAGEMENT, AND OPERATION AND MAINTENANCE 
of the 
ROOSEVELT STREET STORM DRAIN PROJECT 
IGA FCD 2022A017 
CITY OF TEMPE CONTRACT NUMBER C2023-2 9 
CITY OF SCOTTSDALE CON'fRA.CT NUMBER 2023-031-COS 
Agenda Item---------
This Intergovernmental Agreement (this "Agreement") is entered into by and among the Flood Control District 
of Maricopa County, a political subdivision of the State of Arizona, acting by a:nd through its Board of Directors 
(the "DISTRICT"), the City of Tempe, a municipal corporation, acting by and through its Mayor and City 
Council, ('TIMPE") and the City of Scottsdale, a municipal corporation, acting by and through its Mayor and 
City Council, ("SCOTTSDALE''). TEMPE, SCOTTSDALE, and the DISTRICT are collectively referred to 
as the PROJECT PARTNERS and individually as PROJECT P AR1NER. 
This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS. 
STATUTORY AUTHORIZATION 
1. The DISTRICT is empowered by Arizona Revised Statutes (A.RS.)§ 48-3603 to enter into this Agreement 
and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 
2. 
TEMPE is empowered by A.R.S. § 11-952 and the Tempe City Charter Section 1.03 to enter into this 
Agreement and has authorized the undersigned to execute this Agreement on behalf of TEMPE. 
3. 
SCOTTSDALE is empowered by A.R.S. § 11-952 and the Scottsdale City Charter Section 3-1 to enter into 
this Agreement and has authorized the undersigned to .execute this Agreement on behalf of 
SCOTTSDALE. 
BACKGROUND 
4. 
TEMPE will be the lead agency for the Roosevelt Street Storm Drain (the ''PROJECT") as recommended 
by the Lower Indian Bend Wash (UBW) Area Drainage Master Study (ADMS) Area 5. 
COS Contract No. 2023-031-COS 
IGA FCD 2022A017 
PCN lliS.02.30 
Page 1 of IO · 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

5. 
In June 2022, TEMPE submitted the PROJECI' for consideration in the DISTRICT's Fiscal Year 
2022/2023 Capital Improvements Program. 
6. 
OnApril25, 2018, the Board of Directors of the DISTRICT adopted Resolution FCD 2018R007 (C-69-
18-036-6-00), authorizing the DISTRICT to cost-share in the PROJECT and to negotiate 
Intergovernmental Agreements for the rights-of-way acquisitions, utility relocation, design, construction, 
construction management, and operation and maintenance of the PROJECT. 
7. 
The PROJECT extends the existing 78-inch drain outlets to Indian Bend Wash (IBW) at Roosevelt St., 
including new lateral storm drains to capture the flow in the east-west streets north of Roosevelt 
Rd./ Continental Dr., including laterals in 74th, 70th, & 68th Streets, and at the west end of Continental 
Dr., from the 42-inch culvert underneath the Crosscut Canal Inlel-s will be added along Roosevelt 
St/Continental Dr., improving drainage conditions in areas south of Continental Dr./Roosevelt St. 
PURPOSE OF THE AGREEMENT 
8. 
This Agreement identifies and defines the responsibilities of the DISTRICT, SCOTTSDALE, and TEMPE 
for PROJECT activities related to rights~of-way acquisitions, design, utility relocations, construction, 
construction management, and operation and maintenance. 
TERMSOFAGREEMENT 
9. 
The PROJECT COST is estimated to be $10,000,000. This amount is based on the best information 
available at the time of the execution of tltls Agreement and is subject to change without amendment to 
this Agreement. Upon recognizing anticipated cost increases above this estimated PROJECT COST, 
PROJECT PARTNERS shall communicate these anticipated increases and take appropriate actions to 
address the situation. 
9.1 The PROJECT COST includes all expenses related to the rights-of-way acquisitions, design. utility 
relocation, construction, and construction management of the PROJECT, including but not limited to 
obtaining United States Army Corps of Engineers (USACE) Section 404 Permits, including the 
mitigation efforts required by that permit process, and landscaping and aesthetic features in accordance 
with and not to exceed the DISTRICT's Policy for the Aesthetic Treatment and Landscaping of Flood 
Control Projects. 
9.2 All costs associated with additional rights-of-way acquired at the request of SCOTTSDALE or 
TEMPE for non-flood control purposes and landscaping, aesthetic features, and amenities that are 
above and beyond those allowed by the DISTRICT's Policy for the Aesthetic Treatment and 
Landscaping of Flood Control Projects and are compatible with the PROJECT function, shall be 
funded by either SCOTTSDALE OR TEMPE. 
9.3 Personnel and internal administrative costs of any PROJECT PARTNER, including costs associated 
with the issuance of PROJECT permits, shall be funded by the respective PROJECT' PARTNER. 
10. The target date for completion of tl1e PROJECT is the DISTRICT Fiscal year 2026/2027. The PROJECT 
PARTNER assigned lead agency responsible for a task shall infonn the other PROJECT PARTNERS of 
delays impacting tltls target completion date. 
11. DISTRICT funding for the PROJECT shall be from secondary flood control tax levy revenue and is 
contingent upon funding availability within the DISTRICT's Capital Improvement Program. 
COS Contract No. 2023-031-COS 
IGA FCD 2022A017 
PCN 265.02.30 
Page 2 oflO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

12. SCOTfSDALE and TEMPE funding for the PROJECT shall be from SCOTTSDALE and TEMPE's 
respective Capital Improvement Program (CIP) budgets. 
13. TEMPE and SCOTTSDALE shall each be solely responsible for their share of costs of any desired 
improvements that are added to the PROJECT within their respective jurisdictions that are not needed for 
the flood control purposes of the PROJECT. 
14. The DISTRICT shall: 
14.1 Fund Sixty-five percent (65%) of the PROJECT COST making the DISTRICT's estimated share 
$6,500,000. 
14.2 Within thirty (30) calendar days of receipt, pay all invoices issued by TEMPE pursuant to the 
PROJECT by the terms of this Agreement. 
14.3 Participate in PROJECT public involvement activities. 
14.4 Within three (3) weeks of receipt of interim project submittals, provide review comments to 
TEMPE. 
14.5 Participate in a final inspection of the completed PROJECT with PROJECT P AR1NERS. 
15. TEMPE shall: 
15.1 Fund Seventeen and a half percent (17.5%) of the PROJECT COST, making TEMPE's estimated 
share $1,750,000. 
15.2 As the lead agency for PROJECT design, obtain all necessary USACE Section 404 permits, plan 
approvals, set up and coordinate public involvement activities, coordinate the relocation of all 
conflicting utilities, coordinate acquisition of all required rights-of-way, coordinate construction, 
administer construction management, and set up operation and maintenance obligations. 
15.3 Obtain rights-of-way required forthe PROJECT within their city boundary. 
15.3.1 The PROJECT PAR1NERS agree that continuation of the PROJECT is conditioned upon 
TEMPE being able to obtain rights of way, coordinate all utility relocations, obtain temporary 
construction easements, or such other property interests as may be necessary to complete the 
PROJECT in a form and an expense that is satisfactory to TEMPE. If TEMPE cannot 
satisfactorily obtain such property interests within a reasonable time following execution of 
this Agreement, TEMPE may notify PROJECT P AR1NERS of the same, and this Agreement 
may be terminated without further obligation of the PROJECT PARTNERS. 
15.4 Upon the awarding of the contracts (design and construction), invoice the PROJECT PAR1NERS 
for fifty percent (50%) of their share of the activity (i.e., design, ROW) associated with such 
contract(s) and, upon completion of that activity, invoice the PROJECT PARTNERS for their 
remaining share of that activity. 
15.5 Provide the PROJECT PARTNERS with interim design submi.ttals, allow three (3) weeks for review 
and comment, and incorporate any comments into the PROJECT design as appropriate. If the 
DISTRICT has not responded within the three (3) week review period, the design submitted for 
review shall be deemed to have been approved by the DISTRICT. 
COS Contract No. 2023-031-COS 
IGA FCD 2022A017 
PCN 265.02.30 
Page3 oflO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

15.6 Require that any contractor selected for the PROJECT: 
15.6.1 
Warrant its compliance with all federal immigration laws and regulations that relate to its 
employees and their compliance with A.R.S. § 23-214(A). 
15.6.2 Warrant and certify its compliance with A.RS.§ 35-394(A) and agree to remedy any 
noncompliance in accordance with the terms of A.R.S. § 35-394(B). 
15.6.3 Agree that the DISTRICT retains the legal right to inspect the papers of the contractor or 
subcontractor employee(s) who work(s) on this Agreement to ensure that the contractor or 
subcontractor is complying with the warranty under paragraph 15.6.1 
15.6.3.1 Warrants and certifies that it does not currently, and agrees for the duration of the contract 
that it will not, use: 
15.6.3.2 The forced labor of ethnic Uyghurs in the People's Republic of China. 
15.6.3.3 Any goods or services produced by the forced labor of ethnic Uyghurs in the People's 
Republic of China. 
15.6.3.4 Any contractors, subcontractors, or suppliers tl1at use the forced labor or any goods or 
services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. 
If it becomes aware during tl1e Agreement term that any contractors, subcontractors, or 
suppliers are not in compliance with this paragraph, it shall notify the other PROJECT 
PARTNERS within five business days after becoming aware of the noncompliance. Failure of 
TEMPE to provide a written certification that the Party has remedied the noncompliance 
within one hundred eighty (180) days after notifying the PROJECT PARTNERS of its 
noncompliance, this Agreement shall terminate unless the Term of this Agreement shall end 
prior to said one hundred eighty (180) day period. 
15.7 
Require that all contractors selected for the Project agree to defend and indemnify PROJECT 
PARTNERS to the fullest extent permitted by law and to carry usual and customary insurance for 
contractors performing projects of this nature and to name each PROJECT PARTNER as an 
additional insured as is usual and customary for its projects. 
15.8 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the 
PROJECT within TEMPE's borders prior to making the PROJECT available for such uses. 
15.9 Coordinate a final inspection of the completed PROJECT with the PROJECT PARTNERS. 
15.10 Be responsible for all operation and maintenance of the PROJECT within their city boundary. 
15.11 Obtain PROJECT PAR1NER's review and comments on the design and/or construction of any 
future modifications to the PROJECT improvements and resolve and/ or incorporate the 
DISTRICT's comments into these future PROJECT improvement modifications. 
16. SCOTTSDALE shall: 
16.1 Fund Seventeen and a half percent (17.5%) of the PROJECT' COST, making SCOTTSDALE's 
estimated share $1,750,000. 
COS Contract No. 2023-031-COS 
IGA FCD 2022A017 
PCN 265.02.30 
Page 4 oflO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

16.2 Obtain rights-of-way required for the PROJECT within its city boundary. 
16.3 Upon completion of right-of-way acquisitions for the PROJECT, invoice the PROJECT 
PARTNERS for their share of the PROJECT COST associated with right-of-way acquisition. 
16.4 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the 
PROJECT within SCOTTSDALE prior to making the PROJECT available for such uses. 
16.5 Coordinate a final inspection of the completed PROJECT with the DISTRICT and TEMPE. 
16.6 Be responsible for all operation and maintenance of the PROJECT within its city boundary. 
17. Any local permits required for the PROJECT that either PROJECT PARTNER issues shall be issued at 
no cost to the PROJECT. Notwithstanding, any permitting costs incurred from jurisdictions that are not 
a PROJECT PARTNER shall be included in PROJECT costs. 
18. All permanent rights-of-way acquired for the PROJECT shall provide that the land and/or land rights 
acquired by TEMPE or SCOTTSDALE for flood control purposes of the PROJECT shall specifically be 
primarily used for flood control purposes. PROJECT PARTNERS may use or permit use of PROJECT 
land within their respective jurisdictions so long as such use is not incompatible and does not interfere with 
the flood control purposes. of the PROJECT. If land and/ or land rights acquired for flood control 
purposes of the PROJECT are no longer needed for flood control purposes and therefore available for 
sale, TEMPE or SCOTTSDALE may sell the land or release land rights provided that upon such sale, the 
DISTRICT shall be paid an amount equal to sixty five percent (65%) of the final disposition price at the 
time that TEMPE or SCOTTSDALE disposes of said land or release said land rights. This provision shall 
survive the termination of this Agreement. 
19. Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shall: 
19 .1 Comply with all federal, state, and local laws, regulations, ordinances, and resolutions applicable to 
the PROJECT or the conduct of the PROJECT PARTNERS and ensure adherence to all 
requirements imposed by law on any contractor or subcontractor performing work on or in 
connection with the PROJECT. 
19.2 Comply with A.R.S. Sections 41-4401and23-214, subsection A. 
19 .2.1 
Each party to this Agreement retains the legal right to inspect the records of the contractors' 
or subcontractors' employees perfomung work on this PROJECT to verify compliance with 
A.R.S. Sections 41-4401and23-214, subsection A. 
19.2.2 Failure by either party to this Agreement to comply with A.RS. Sections 41-4401and23-214, 
subsection A shall be deemed a breach of this Agreement and is subject to penalties up to and 
including termination of the Agreement. 
19.3 Provide any permit(s) required for the PROJECT at no cost to the PROJECT. 
19.4 Following the mutual written agi-eement of all PROJECT PARTNERS, be allowed to delegate their 
responsibilities under this Agreement to another party. Any delegation, however, shall not relieve 
the delegating PROJECT PARTNER of its original responsibilities as defined in this Agreement 
The use of a contractor to perform any services necessary to complete the Project as designed shall 
not be construed as a delegation of responsibilities. 
COS Contract No. 2023-031-COS 
IGA FCD 2022AOl 7 
PCN 265.02.30 
Pages oflO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

19.5 In the case of any dispute over any items in this Agreement, use their best efforts and enter into 
good faith negotiations to resolve the disputed matters. However, this shall not limit the rights of 
the PROJECT PARTNERS to seek any remedies provided by law. 
19.6 Take reasonable and necessary actions within its authority to ensure that only stormwater is 
discharged into the PROJECT and that such discharges into the PROJECT comply at the point of 
discharge with any applicable requirements of the U.S. Environmental Protection Agency Clean 
Water Act, Ar.izona Pollutant Discharge Elimination System, or any other applicable discharge 
requirements, including any permit requirements. 
20. Each PROJECT PARTNER shall, as "Indemnitor," to the extent permissible by law, indemnify, 
defend and hold harmless the other PROJECT PARTNER ("Indemnitee'), including agents, 
officers, directors, and employees thereof, from and against any and all loss or expense incurred 
as a result of any claim or suit of any nature whatsoever, which arises out of any act or omission 
ofindetr)nitor pursuant to this Agreement, including but not limited to, reasonable attorneys' fees, 
court costs, and other expenses relating to the defense against claims or litigation, incurred by the 
Indemnitee. Notwithstanding the above, Indemnitee shall be liable for its own negligence or 
wrongful acts as provided by law. In no event shall the Indemnitor owe or be obligated to pay 
any amounts which the Indemnitee has not actually paid or has no actual obligation to pay. In the 
event, any agreement to pay to resolve issues of liability is not enforceable, or any agreement or 
settlement results in an actual obligation lower than the full amount of liability, the Ihdemnitor's 
obligation to pay shall be limited to the amount Indemnitee has paid or would be obligated to pay 
in the absence of any agreement to indemnify. Should SCOTTSDALE or TEMFE offer to make 
or make the PROJECT available for any non-flood control uses, SCOTTSDALE or TEMPE 
shall, to the extent permissible by law, indemnify, defend, and save harmless the DISTRICT, 
including agents, officers, directors, and employees thereof, from any and all loss or expense 
incurred as a result of any claim or suit resulting from that non-flood control use without 
limitation. Such indemnification obligation is intended to be a specific indemnity obligation rather 
than the general indemnity obligations set forth in this paragraph regarding all other types of claims 
or suits and shall include the obligation to provide reasonable attorneys' fees, court costs, and 
other expenses relating to the defense of such claims or litigation. 
21. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered 
in person or sent by mail addressed as follows: 
Flood Control District of Maricopa County 
Director 
2801 West Durango Street 
Phoenix, Arizona 85009-6399 
City of Tempe 
Engineering and Transportation Director 
31E5th Street, Mail Stop 01-8 
Tempe, Arizona 85281 
With a copy to: 
Tempe City Attorney 
21 E 6th Street, Suite 201 
Tempe, Arizona 85281 
IGA FCD 2022A017 
PCN 265.02.30 
City of Scottsdale 
Director Public Works 
7447 E. Indian School Rd., Suite 205 
Scottsdale, Arizona 85251 
With a copy to: 
Scottsdale City Attomey 
3939 N Drinkwater Blvd. 
Scottsdale, Arizona 85251 
COS Contract No. 2023-03 J-COS 
Page 6 oflO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

22. This Agreement shall expire either (a) ten (10) years from the date of its full execution or (b) upon closing 
of the PROJECT and after all funding obligations, and reimbursements have been satisfied in accordance 
with this Agreement, whichever is the first to occur. However, by mutual written agreement of all parties, 
this Agreement may be amended or terminated. The operation and maintenance, and indemnification 
provisions of this Agreement and the provisions regarding use and disposition of PROJECT lands shall 
survive the expiration of the Agreement, 
23. This Agreement is subject to cancellation by any party pursuant to the provisions of A.RS. Section 38-511. 
24. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys 
for the parties to this Agreement that these agencies are authorized under the laws of the State of Arizona 
to enter into this Agreement and that it is in proper form. 
25. Iflegislation is enacted after the effective date of this Agreement that changes the relationship or structure 
of one or more parties to this Agreement, the parties agree that this Agreement shall be renegotiated at the 
written request of any party. 
COS Contract No. 2023-031-COS 
IGA FCD 2022A017 
PCN 265.02.30 
Page 7 of IO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

Recommended by: 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
A Political Subdivision of the State of Arizona 
Michael A. Fulton, Director 
Date 
Approved and Accepted: 
By:----------
Chairman, Board of Directors 
Date 
Attest: 
By: _____ 
_ 
Clerk of the Board 
Date 
The foregoing Intergovernmental IGA FCD 2022A017 has been reviewed pursuant to Arizona Revised 
Statutes 11-952, as amended, by the undersigned General Counsel, who has determined thatitis 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 
COS Contract No. 2023-031-COS 
IGA FCD 2022A017 
PCN 265.02.30 
Page8 oflO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C
6/7/2023
6/7/2023

C2023-29 
CITY OF TEMPE 
A Municipal Corporation 
Approved and Accepted By: 
Attest: 
By: 1'ua (!, !J1ffMJJ1 
1 Y\te f 1'VVI City Clerk 
Date 
Lj // ;;._/ ;;),_ O d-3 
The foregoing Intergovernmental Agreement FCD 2022A017 has been reviewed pursuant to A.R.S. Section 
11-952, as amended, by the undersigned attorney, who has determined that it is in proper form and within the 
power and authority granted to the City of Scottsdale under the laws of the State of Arizona. 
COS Contract No. 2023-031-COS 
IGA FCD 2022A017 
PCN 265.02.30 
Page 9 oflO 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

Approved and Accepted By: 
CITY OF SCOTTSDALE 
A Municipal Co1'po1'ation 
Attest: 
By: 
cos Contract No. 2023-031-COS 
Ben Lane, City Clerk 
Date 
The foregoing Intergovernmental Agreement FCD 2022A017 has been reviewed pursuant to AR.S. Section 
11-952, as amended, by the undersigned attorney, who has determined that it is in proper form and within the 
power and au 
ty granted to the City of Scottsdale under the laws of the State of Arizona. 
1erry R. Scott, City Attorney 
Date 
Ily: Eric C. Anderson, Sr. Asst. City Attorney 
TGA FCD 2022A017 
PCN 265.02.30 
Page 10 of 10 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

IGA FCD 2022A017 
IGA FCD 2022A017 
EXHIBIT "A" 
PROJECT AREA MAP 
Lower Indian Bend Wash Area Drainage Master Study/Plan 
Tempe/South Scottsdale Area 
Q 
Roosevelt Storm Drain Project Area 
• 
~--0 
5'.)j 1.f .+ 
... ~-):!!:"" 
l· 
COS Contract No. 2023-031-COS 
PCN 265.02.30 
Page I of l 
DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C