2025A013 IGA DEER VALLEY-SIGNED BY BOTH CITIES-SR.PDF

INTERGOVERNMENTAL AGREEMENT
Between

THE CITY OF PHOENIX
and
THE CITY OF SCOTTSDALE
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the

DESIGN, RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION
MANAGEMENT, OPERATION AND MAINTENANCE

of the

DEER VALLEY CHANNEL CROSSING AT SCOTTSDALE ROAD

IGA FCD 2025A013
City of Phoenix Contract Number ST83120065

City of Scottsdale Contract Number 2025-187-COS

Flood Control District-Agenda Item

This Intergovernmental Agreement (Agreement) is entered into by and between the City of Phoenix, a
municipal corporation, acting by and through its City Council, hereinafter called PHOENIX, and 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. The DISTRICT, PHOENIX, and
SCOTTSDALE may hereinafter individually be called a PROJECT PARTNER, or collectively called the
PROJECT PARTNERS.

This Agreement shall become effective as of the date it has been executed by the PROJECT PARTNERS.

STATUTORY AUTHORIZATION

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

2. PHOENIX is empowered by A.R.S. Section 11-952(A), and the Phoenix City Charter, Chapter 2, Section
2, to enter into this Agreement, and by action of its City Council via Ordinance S-46461 passed on March
18, 2018, has authorized the undersigned to execute this Agreement on behalf of PHOENIX.

3. SCOTTSDALE is empowered by A.R.S. Section 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.

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 122.02.31 PAGE 1 OF 11

9.

10.

11.

12.

BACKGROUND

The Paradise Ridge atea is within the PHOENEX’s jurisdiction and is bounded by State Route 101 on the
south, Pinnacle Peak Road on the north, Scottsdale Road on the east, and the 64th Street alignment on the
west. The land within the area described above is currently State Trust Land managed by the Arizona State
Land Department (ASLD).

The Paradise Ridge Channel is the next downstream segment of the Rawhide Wash drainage solution and
was identified in the Pinnacle Peak West Area Drainage Master Study as being a necessary component to
control the alluvial fan flooding in the area. The improvements will reduce the flood hazard in the area and
complete the final step of a comprehensive solution to mitigate flooding within the Rawhide Wash drainage

cortidor.

On October 7, 2020, the Board of Directors of the DISTRICT adopted Resolution FCD 2020R003 (C-
69-21-028-X-00), authorizing the DISTRICT to cost-share in the Paradise Ridge Drainage Improvements
project, and to negotiate Intergovernmental Agreements for the design, right-of-way acquisitions, utility
relocations, construction, construction management, and operation and maintenance of the Paradise Ridge
Channel project.

On January 13, 2021, the DISTRICT Board of Directors approved Intergovernmental Agreement (IGA)
FCD 2020A030 for the Paradise Ridge Drainage Improvements Project between the DISTRICT and
PHOENIX.

As the design for the Paradise Ridge Drainage Improvements Project evolved it was determined that
further improvements at and on the east side of Scottsdale Road were necessaty to capture flows from the
Deer Valley Wash and contain and convey them to the Paradise Ridge Improvements project channel,
thereby further reducing the existing floodplain west of Scottsdale Road (the PROJECT).

The work at Scottsdale Road will require a new intergovernmental agreement amongst the DISTRICT,
PHOENIX, and SCOTTSDALE to memorialize the roles and responsibilities of the PROJECT
PARTNERS for the design and construction, and related activities for a box culvert crossing of Scottsdale
Road and necessary improvements upstream of the box culvert including restoration of impacted
landscaping and irrigation in the HOA rights-of-way pertaining to the PROJECT.

PURPOSE OF THE AGREEMENT

This Agreement identifies and defines the responsibilities of the DISTRICT, PHOENIX, and
SCOTTSDALE for PROJECT activities related to design, rights-of-way acquisition, utility relocations,
construction, construction management, operation and maintenance.

TERMS OF AGREEMENT

The PROJECT, as referenced herein, is defined by paragraphs 8 and 9 of this Agreement.

The PROJECT COST, as referenced herein, solely encompasses the following costs directly associated
with the PROJECT activities and incurred after the effective date of this Agreement, including: costs of
design, rights-of-way acquisition, utility relocations, construction, construction management, material
testing, landscaping and irrigation design and restoration upstream of the box culvert within the HOA
rights-of-way, post-design services and construction surveying suppott related to the PROJECT.

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 22.02.31

PAGE 2 OF II

12.1 Design related costs incurred before the effective date of this Agreement will be considered a shared
PROJECT COST.
12.2. The PROJECT’ COST for this Agreement is estimated to be $3,800,000. ‘This amount is an estimate

based on the best information available at the time of this Agreement. Upon recognition of
anticipated costs above this estimated PROJECI' COST, the PROJECT PART'NERS shall

communicate these anticipated increases and address them pursuant to Paragraph 14.
13. The following ate specifically excluded from the calculation of PROJECT COST:

13.1 Any costs associated with non-flood control features added to the construction at PHOENIX or
SCOTTSDALE’s request. Such costs shall be funded solely by cither PHOENIX or
SCOTTSDALE, respectively.

13.2 The personnel and internal administrative costs associated with this PROJECT’ incurred by each
PROJECT PARTNER, including costs associated with the issuance of PROJECT permits, unless
specifically identified otherwise in this Agreement.

14. Funding increases may be negotiated and are subject to written approval from the DISTRICT, contingent
upon budget availability.

15. DISTRICT funding for this Agreement shall be from secondary flood control tax levy revenue and is
contingent upon funding availability within the DISTRICT’s Capital Improvement Program.

16. PHOENIX and SCOTTSDALE funding for the PROJECT shall be from PHOENIX and
SCOTTSDALE ’s respective Capital Improvement Program (CIP) budgets.

17. The DISTRICT shall:
17.1 Plan and design the PROJECT to meet the recurrence interval of the 100-year flood as determined
by generally applied technical data and methodology itvuse at the time of PROJECT design, and this
level of protection is specifically approved by the Board of Directors of the DISTRICT.

17.2 Be responsible for fifty percent (50%) of the PROJECT COST making the DISTRICT’s estimated
share $1,900,000.

17.3 Serve as the lead agency for PROJECT design through construction.
17.4. Upon completion of 100% construction documents and;

17.4.1 Upon award of the construction contract, shall invoice PHOENIX and SCOTTSDALE for
their respective shares of the PROJECT COSTS accrued to date.

17.5 Serve as the lead agency for obtaining USACE Section 404 Permit, if necessary, and for completing
mitigation efforts required by the USACE permit process.

17.6 Serve as the lead agency for obtaining the CLOMR/LOMR from FEMA for the PROJECT.
17.7 Serve as the lead agency for PROJECT construction and construction management.

CITY OF PHOENIX CONTRACT NUMBER S8T83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 122.02.31 PAGE 3 OF I1

17.8 Upon completion of a construction contract for the PROJECT, prepare a final accounting of all
PROJECT COSTS, including CLOMR/LOMR costs, design and construction change orders and
construction management costs not pteviously paid, and invoice the PROJECT PARTNERS for

their remainder share of all PROJECT COSTS incurted to date.
17.9 Serve as the lead agency for PROJECT public involvement activities.
17.10 Coordinate a final inspection of the completed PROJECT with the PROJECT PARTNERS.

17.11 Patticipate, as desired by the DISTRICT, with SCOTTSDALE and PHOENIX in an annual
inspection of the PROJECT.

17.12 The DISTRICT reserves the tight to review and comment on the design and/or construction of any
future modifications to the PROJECT that may affect the hydraulic function of the PROJECT or

floodplain delineation.

18. SCOTTSDALE shall:

18.1 Be responsible for twenty-five percent (25%) of the PROJECT COST, making SCOTTSDALE’s
estimated share $950,000.

18.2 Serve as the lead agency for PROJECT tights-of-way (fee simple or easement) acquisition within
Scottsdale.

18.3. Provide all SCOTTSDALE owned and controlled rights-of-way (fee simple or easements) necessary
for the PROJECT and its construction, and not specifically purchased for this PROJECT, at no cost

to the PROJECT.
18.4 Participate in PROJECT public involvement activities.
18.5 Participate in the final inspection of the PROJECT with the DISTRICT.
18.6 Be responsible for all operations and maintenance of the PROJECT located within Scottsdale.

18.6.1 The maintenance activities to be performed include, but ate not limited to, maintaining the
flood control function of the PROJECT, including sediment and vegetation removal and
any and all aesthetic, park, and public use features, maintenance of landscaping, irrigation,
multi-use trails and berms, removal of trash and debtis, electricity and other operation costs
for the facilities, vandalism repair and replacement, and structural repair and replacement of
the flood control structures.

18.6.2 Schedule, and invite the DISTRICT to participate in, an annual inspection of the PROJECT.
Any deficiencies relating to flood control for which SCOTTSDALE is responsible shall be
corrected by the SCOTTSDALE within 30 calendar days. If SCOTTSDALE has not taken
corrective action within this time, the DISTRICT resetves the right to perform the
cortective action, and SCOTTSDALE shall reimburse the DISTRICT for the total costs
incurred by the DISTRICT within 30 calendar days of receipt of an invoice from the
DISTRICT.

18.6.3 On an annual basis, commencing on the first anniversary date of the completion and
acceptance of the PROJECT, SCOTTSDALE will provide written notification to the

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 122.02.31 PAGE 4 OF IL

DISTRICT that the PROJECT has been properly maintained by SCOTTSDALE over the
past year in accordance with the PROJECT design intent and to ensure proper hydraulic
function.

18.7 Be responsible for assuring the safety and appropriateness of any non-flood control uses of the
PROJECT tights-of-way and/or improvements prior to offering to make or making the PROJECT
rights-of-way and/or improvements available for such uses.

18.8 Obtain DISTRICT review and comments on the design and/or construction of any future
modifications to the PROJECT, and resolve and/or incorporate the DISTRICT’s comments into
these future PROJECT modifications.

19. PHOENIX shall:

19.1 Be responsible for twenty-five percent (25%) of the PROJECT’ COST, making PHOENIX’s
estimated share $950,000.

19.2 Provide all PHOENIX owned and controlled rights-of-way (fee simple or easements) necessary for
the PROJECT and its construction, and not specifically purchased for this PROJECT, at no cost to
the PROJECT.

19.3 Participate in PROJECT public involvement activities.
19.4 Participate in the final inspection of the PROJECT with the DISTRICT.
20. Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shall:
20.1 Comply with A.R.S. Sections 41-4401 and 23-214(A).
20.1.1 Each party to this Agreement retains the legal right to inspect the records of the other
parties’ and any contractors’ or subcontractors’ employees performing work under this

Agreement to verify compliance with Title 34 of the Arizona Revised Statutes, as well as
A.R.S. Sections 41-4401 (as applicable) and 23-214(A).

20.1.2 Failure by either party to this Agreement to comply with Title 34 of the Arizona Revised
Statutes, A.R.S. Section 41-4401, or A.R.S. Section 23-214(A) shall be deemed a breach of
this Agreement and is subject to penalties up to and including termination of the Agreement.

20.2 Require that any contractor selected for the PROJECT:

20.2.1 Warrant its compliance with all federal immigration laws and regulations that relate to its
employces and theit compliance with A.R.S. Section 23-214(A);

20.2.2 Agree that a breach of the warranty under patagraph 21.2.1 shall be deemed a material
breach of contract and is subject to penalties up to and including termination of the contract;

20.2.3 Agree that the PROJECT PARTNERS retains the legal right to inspect the papers of the
contractor or subcontractor employee(s) who work(s) on this PROJECT to ensure that
contractor or subcontractor is complying with the warranty under paragraph 21.2.1.

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 20254013 PCN 122.0231 PAGE 5 OF IL

20.2.4 Who engages in for-profit activity and has 10 or more employees, certify it is not currently
engaged in, and agtees for the duration of this Agreement to not engage in, a boycott of
goods ot services from Israel. This certification does not apply to a boycott prohibited by
50 U.S.C. Section 4842, or a regulation issued pursuant to 50 U.S.C. Section 4842.

20.2.5 Warrant and certify that it does not currently, and agrees for the duration of the contract
that it will not, use:

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

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

Any contractors, subcontractors, ot 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
ptovide 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.

20.3 Shall provide in-kind services and funds to acquite any permit(s) that a PROJECT PARTNER has
the authority to issue and that is required for the PROJECT.

20.4 Support the LOMR processes for the PROJECT by assisting in the development of the operation
plan and the maintenance plan to be submitted to FEMA and by reviewing the LOMR documents

in a timely manner.

20.5 Have the tight, following mutual written agreement of all PROJECT PARTNERS, to delegate its
responsibilities under this Agreement to another party. Any delegation, however, shall not relieve
the delegating PROJECT PARTNER of its original responsibilities as defined herein.

20.6 In the case of any dispute over any items in this Agreement, agree to 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.

20.7 ‘Take reasonable and necessary actions within its authority to ensure that only storm water 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, Arizona Pollutant Discharge Elimination System or any other applicable discharge
requitements, including any permit requirements.

20.8 Agree to equally share the cost of a PROJECT compliance and cost audit to be initiated within 60
days of PROJECT completion, if requested by either PROJECT PARTNER. An independent
auditing firm agreed to by the PROJECT’ PARTNERS will perform the audit. Any payments or
reimbursements necessaty to bring the PROJECT into compliance with the audit findings shall be
made within 45 days of acceptance of the audit finding by the PROJECT PARTNERS.

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 122.02.31 PAGE 6 OF If

21. The PROJECT may be phased due to funding or other coordination issues. The respective responsibilities
of the PROJECT’ PARTNERS shall be phased accordingly, including, but not limited to, invoicing,
reimbursements, transfer of land rights and acceptance of operation and maintenance of the PROJECT.

22. If mutually acceptable to the PROJECT PARTNERS, PROJECT invoicing may be conducted periodically
based on actual PROJECT COSTS incurred, but no more frequently than quarterly, and no less frequently
than annually, in lieu of invoicing timelines otherwise established in this Agreement.

23, Hach PROJECT PARTNER to this Agrecment shall, as “Indemnitor,” to the extent permissible by law,
indemnify, defend and hold harmless the other PROJECT PARTNER (“Indemnitee”) including agents,
officers, directors, governors and employees thereof, from and against any and all loss ot expense incurred
as a result of any claim or suit of any natute whatsoever, which arises out of any act ot omission of
Indemnitor 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 of settlement results in an actual obligation
lower than the full amount of liability, the Indemnitot’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
any PROJECT PARTNER offer to make the PROJECT available for any non-flood control uses, the
offering PROJECT PARTNER shall, to the extent permissible by law, indemnify, defend and save harmless
the DISTRICT, including agents, officers, directors, governors and employees theteof, from any and all
loss or expense incurred as a result of any claim of suit without limitation related solely to the non-flood
control use of the PROJECT or portions of the PROJECT. Such indemnification obligation is intended
to be a specific indemnity obligation rather than the genctal 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 related
solely to the non-flood control use of the PROJECT or portions of the PROJECT. This paragraph shall
survive the completion and/or termination of this Agreement.

24. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person
ot sent by mail addressed as follows:

Flood Control District of Maricopa County
Chief Engineer and General Manager

2801 West Durango Street

Phoenix, AZ 85009-6399

City of Phoenix

City Engineer

200 W. Washington Street
6 Floor

Phoenix, AZ 85003-1611

City of Scottsdale

City Engineer

7447 E. Indian School Rd., Suite 205
Scottsdale, Arizona 85251

CITY OF PHOENIX CONTRACT NUMBER ST83 120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 20254013 PCN 122.02.31 PAGE 7 OF I

25. This Agreement shall expire either (a) 10 years from the effective date, or (b) upon completion 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, maintenance and indemnification provisions
of this Agreement shall survive the expiration of this Agreement.

26. This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S. Section 38-511.

27. 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.

28. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure
of one or mote patties to this Agreement, the parties agree that this Agreement shall be renegotiated at the
written request of any patty, subject to any additional authorization required by the DISTRICT’s Board of
Directors, PHOENIX’s City Council, or SCOTTSDALE’s City Council.

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 122.02.31 PAGE 8 OF It

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona

Recommended by:

Paul Baughman, P.E., CFM, Chief Engineer & General Manager Date
Approved and Accepted:
By:
Chair of the Board Date
Attest:
By:
Clerk of the Board Date

The foregoing Intergovernmental Agreement IGA FCD 2025A013 has been reviewed pursuant to Arizona
Revised Statutes Section 11-952, as amended, by the undersigned General Counsel, 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.

Flood Control District General Counsel Date

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 122.02.31 PAGE 9 OF 11

CITY OF SCOTTSDALE
A Municipal Corporation

VV viGodrutshu \219S/IIS

Lisa Borowkky, Mayor ¢ Date

Attest:

Born dora (a/K0/30IS

Ben Lane, City Clerk Date

By:

The foregoing Intergovernmental Agreement FCD 2025A013 has been reviewed pursuant to A.R.S. Section
11-952 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.

anew Tae An ji} at /2s

Luis Santaella, City Attorney "Date
By: Karen Tyler, Principal Assistant City Attorney

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 2025A013 PCN 22.02.31 PAGE 10 OF 11

CITY OF PHOENIX
A Municipal Corporation,

Apptoved and Accepted By:

Loca {oa 12/18/2025

Eric Froberg, P.E. Date
City Engineer

Attest:
By: x focteSdeh 12/23/2025
City Clerk Date

The foregoing Intergovernmental Agreement IGA FCD 2025A013 has been reviewed pursuant to Arizona
Revised Statutes 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 Phoenix under the laws of the State of

Arizona.
Dye
Raven Stl
By:
City Attorney 12/23/2025 Date

CITY OF PHOENIX CONTRACT NUMBER ST83120065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

IGA FCD 20254013 PCN 122,02.31 PAGE 11 OF 11

IGA FCD 2025A013
EXHIBIT “A”

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CITY OF PHOENIX CONTRACT NUMBER ST83126065
CITY OF SCOTTSDALE CONTRACT NUMBER 2025-187-COS

PON 122.02.31

PAGE 1 OF I

IGA FCD 2025A013