20048355-SCOTTSDALE_SWMMP_IGA_051823-1_SIGNED_COS.PDF

Contract No. 2023-069-COS
INTERGOVERNMENTAL AGREEMENT

Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, Arizona 85009-6399

INTERGOVERNMENTAL AGREEMENT
between the
City of Scottsdale
and the
Flood Control District of Maricopa County
for the

Stormwater Management Master Plan Update

IGA FCD 2023A001

Agenda Item

This Agreement is entered into by and between the City of Scottsdale, a municipal corporation, acting
by and through its City Council, hereinafter called SCOTTSDALE, and the Flood Control District of
Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of
Directors hereinafter called the DISTRICT.

This Agreement shall become effective as of the date it has been executed by all parties.

STATUTORY AUTHORIZATION

1. The DISTRICT is empowered by Arizona Revised Statutes Section (A.R.S.) 48-3603, to enter into
this Agreement and has authorized the undersigned to execute this Agreement on behalf of the
DISTRICT.

2. SCOTTSDALE is empowered by Article 1, Section 3-1 of the City Charter and A.R.S. Section 11-
952 to enter into this Agreement and has authorized the undersigned to execute this Agreement on
behalf of SCOTTSDALE.

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BACKGROUND

3. The City of Scottsdale Stormwater Management Master Plan Update (STUDY) will develop
comprehensive long-range planning for development activities and implementation of drainage
flood control infrastructure improvements, regulatory floodplain mapping projects, or other flood
hazard mitigation measures. The STUDY will be completed in accordance with applicable
statutes and requirements and will focus on stormwater including, but not limited to: drainage and
flooding issues, data evaluation, stormwater infrastructure, floodplain mapping, system resiliency,
capital improvement planning, future infrastructure impacts, compliance with the National
Pollution Discharge Elimination System (NPDES) standards, and will provide a methodology for
regular STUDY updates.

The STUDY may result in future Capital Improvement Projects (CIP). The Projects will be
developed to provide mitigation for storms of 10-year return period or greater. The STUDY may
cover a planning horizon of up to 20 years. This IGA will define roles and responsibilities and
cost share agreements between SCOTTSDALE and the DISTRICT.

PURPOSE OF THE AGREEMENT

4. The purpose of this Agreement is to identify and define the responsibilities of the DISTRICT and
SCOTTSDALE, for the STUDY.

TERMS OF AGREEMENT

5, The current estimated STUDY cost is Eight Hundred Thousand Dollars ($800,000). If the costs
exceed the current estimated cost, SCOTTSDALE and the DISTRICT must agree in writing to any
additional cost or funding obligations above the estimate.

6. The DISTRICT shall:

6.1 Fund sixty five percent (65%) of the STUDY, making the DISTRICT’s estimated share Five
Hundred Twenty Thousand Dollars ($520,000). DISTRICT’s share will be funded from the
DISTRICT’s secondary tax levy revenues, and DISTRICT funding shall be subject to its
availability within the DISTRICT’s Operating Budget.

6.2 Upon award of a contract reimburse SCOTTSDALE for one-half (1/2) of the DISTRICT’s
total cost share obligation, which is estimated to be Two Hundred Sixty Thousand Dollars
($260,000) within thirty (30) calendar days of receipt of an invoice.

6.3 Participate in public involvement activities subject to Scottsdale providing the District with no
fewer than 30 days notice.

6.4 Provide SCOTTSDALE with review comments for report submittals, alternatives analyses,
and conceptual plans and cost estimates, etc., as set forth in paragraph 7.5, within three (3)
weeks of receipt of the submittals. If the DISTRICT does not respond within said three (3)
weeks, the DISTRICT shall be deemed to have accepted the report without comment.

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6.5 Accept the STUDY after adoption of the STUDY by the Scottsdale City Council. District’s
determination as to whether to adopt the STUDY lies within the sole and absolute
discretion of the Maricopa County Board of Supervisors.

6.6 Upon completion and acceptance of the STUDY in writing, and within thirty (30) calendar
days of receipt of an invoice, reimburse SCOTTSDALE for the remainder of the DISTRICT’s
total cost share obligation, which is estimated to be Two Hundred Sixty Thousand Dollars
($260,000).

6.7 DISTRICT funding for this Agreement shall be from secondary flood control tax levy revenue
and is contingent upon funding availability within the DISTRICT’s Operating Budget.

7. SCOTTSDALE shall:

7.1 Fund thirty five percent (35%) of the STUDY. The estimated STUDY COST is Eight
Hundred Thousand Dollars ($800,000), making SCOTTSDALE’S estimated share Two
Hundred Eighty Thousand Dollars ($280,000).

7.2 Serve as lead agency for the STUDY.

7.3 Upon award of the contract, invoice the DISTRICT for one-half (1/2) of its total cost share
obligation, which is estimated to be Two Hundred Sixty Thousand Dollars ($260,000).

7.4 Be responsible for initiating public involvement activities and provide the District with no
fewer than 30 days notice of all such activities.

7.5 Provide to the DISTRICT the draft STUDY submittals and allow three (3) weeks from the
date of the DISTRICT’s receipt of the draft STUDY submittals for review and comment.
SCOTTSDALE must resolve the DISTRICT’S comments and shall incorporate them into the
STUDY prior to adoption by the City Council. If the DISTRICT has not responded within the
three (3) week review period, the DISTRICT shall be deemed to have no comments.

7.6 Adopt the STUDY. SCOTTSDALE City Council’s determination as to whether to adopt the
STUDY lies within the sole and absolute discretion of the SCOTTSDALE City Council.

7.7 Prior to the District’s final cost share payment being made for the STUDY provide (i)
Certificates of Performance; and (ii) written notification to the DISTRICT that all contract
obligations have been met; and (iii) the contract is closed by SCOTTSDALE.

7.8 Upon completion of the contract for the STUDY and adoption of the STUDY by the
DISTRICT, prepare a final accounting including change orders and costs not previously paid,
and invoice the DISTRICT for the remainder of the DISTRICT’s total cost share obligation.

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Contract No. 2023-069-COS

7.9 Provide funding for this Agreement from CITY’s General Fund Budget contingent on
approval by the Scottsdale City Council. The City’s share of the cost for the STUDY will be
distributed between FY24 and FY25.

8. Permits and information from the PARTIES required for performing the STUDY shall be issued
by the DISTRICT or SCOTTSDALE respectively at no cost to the STUDY.

9. Either Party may, with mutual written agreement of the other, delegate responsibilities to another.
Any delegation, however, shall not relieve the delegating Party of its original responsibilities as
defined herein. Entering into any contract contemplated by this Agreement shall not be a
delegation as used in this paragraph.

10. In the case of any dispute resulting from this Agreement, the Parties agree to use their best efforts
and enter into good faith negotiations to resolve the disputed matters. Nothing contained herein
shall limit the rights of the Parties to seek any remedies provided by law.

11 Notwithstanding the cost allocation set forth in paragraphs 6.1 and 7.1 hereof, the Parties shall
equally share the cost of project compliance and cost of audit to be initiated within sixty (60) days
of STUDY completion, if requested by either Party. An independent auditing firm on contract to
the DISTRICT, agreed to by both Parties shall perform the audit. Any payments or
reimbursements necessary to bring the STUDY into compliance with the audit findings shall be
made within forty-five (45) days of acceptance by the Parties of the audit report.

12. Each Party to this Agreement (indemnitor) shall, to the extent permissible by law, indemnify,
defend and save harmless the others (indemnitees) including agents, officers, directors, governors
and employees thereof, from and against any loss or expense incurred as a result of any claim or
suit of any nature whatsoever, which arises out of indemnitor’s negligent or wrongful acts or
omissions pursuant to this Agreement. Such indemnification obligation shall include all personal
injury, death or property damages resulting from the indemnitor’s negligent or wrongful acts or
omissions, as well as reasonable attorney’s fees, court costs, and other expenses relating to the
defense against claims or litigation, incurred by the indemnitee. Indemnitee shall be liable for its
own acts as provided by law.

13. 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

City of Scottsdale

City Manager

3939 North Drinkwater Boulevard
Scottsdale, Arizona 85251

14. Each Party to this Agreement will pay for and not seek reimbursement for its own personnel and
administrative costs associated with this STUDY, including but not limited to the following,

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15.

16.

18.

19,

20.

21,

22.

23.

Contract No. 2023-069-COS

unless specifically identified otherwise in this Agreement: engineering, permitting, management
and administration.

This Agreement shall expire five (5) years from the effective date or upon completion of the
STUDY 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 the
Parties, this Agreement may be amended or terminated.

This Agreement is subject to cancellation by either Party pursuant to the provisions of A.R.S.
Section 38-511.

. 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.

If legislation 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 either Party.

Each Party to this Agreement shall comply with A.R.S. Sections 41-4401 and 23-214, subsection
A.

Each Party to this Agreement retains the legal right to inspect the records of the other Party and
any contractors’ or subcontractors’ employees performing work under this Agreement to verify
compliance with A.R.S. Sections 41-4401 and 23-214, subsection A.

Failure by either Party to this Agreement to comply with A.R.S. Sections 41-4401 and 23-214,
subsection A shall be deemed a breach of this Agreement and is subject to penalties up to and
including termination of the Agreement.

Pursuant to A.R.S. Sections 35-391.06 and 35-393.06, each Party to this Agreement certifies that
it does not have a scrutinized business operation, as defined in A.R.S. Section 35-391 and 35-393,

in either Sudan or Iran.

Each Party shall ensure that any agreement with any contractor used pursuant to this Agreement
contain provision that:

23.1. Warrant the contractors compliance with all federal immigration laws and regulations
that relate to its employees and their compliance with A.R.S. § 23-214(A).

23.2. A breach of the warranty under paragraph 21 hereof shall be deemed a material breach
of contract and is subject to penalties up to and including termination of the contract.

23.3. Contractor does not currently, and agrees for the duration of the contract that it will
not, use:

23.3.1. The forced labor of ethnic Uyghurs in the People’s Republic of China.

23.3.2. Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China.

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Contract No. 2023-069-COS

23.3.3. Any contractors, subcontractors, or suppliers that 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 the Contractor becomes aware during the term of the Agreement that the Contractor is not in
compliance with this paragraph, the Contractor shall notify the County within five (5) business
days after becoming aware of the noncompliance. Failure of the Contractor to provide a
written certification that the Contractor has remedied the noncompliance within one hundred
eighty (180) days after notifying the public entity of its noncompliance shall result in the
termination of this Agreement unless the Term of this Agreement shall end prior to said one
hundred eighty (180) day period.

24. This Agreement shall be construed according to the law of Arizona. Maricopa County,
Arizona shall be the venue for any legal action commenced pursuant to this Agreement.

25. This Agreement shall be effective when the governing bodies of each Party shall have
taken the formal action necessary to approve this Agreement.

Te RR AR oR RR

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Contract No. 2023-069-COS

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Municipal Corporation

Recommended by:

Michael A. Fulton, Director Date

Approved and Accepted:
By:
Chairman, Board of Directors Date
Attest:
By:
Clerk of the Board Date

The foregoing Intergovernmental Agreement FCD 2023A001 has been reviewed pursuant to A.R.S.
Section 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 Flood Control District of
Maricopa County under the laws of the State of Arizona.

Deputy County Attorney Date

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Conttact No. 2023-069-COS

CITY OF SCOTTSDALE

City of Scottsdale, a Municipal Corporation

L del Loo varss

David D. Ortega, Mayor Date
ATTEST:
Ben Lane, City Clerk Date
Approved:

Jim Thompson, City Manager

The foregoing Intergovernmental Agreement FCD 2023A001 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 po nd authority granted to the City of Scottsdale under the laws of the State of
Arizona. :

Eric C. Anderson, Sr. Asst. City Atty Date
Sherry R. Scott, City Attorney

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IGA FCD 2023A001
EXHIBIT “A”

Conttact No. 2023-069-COS

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Figure 1: Scottsdale City Boundary

IGA FCD 2023A001

PCN 265.03.20

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