FINAL IGA 2024A017 SCOTT AVENUE WASH 5-15-25.DOCX

IGA FCD 2024A017
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Return to:
Flood Control District of Maricopa County
2801 West Durango Street
Phoenix, AZ 85009-6399
INTERGOVERNMENTAL AGREEMENT
between the
TOWN OF GILA BEND  
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for the
OPERATION & MAINTENANCE
of
SCOTT AVENUE WASH EMERGENCY REPAIR
IGA FCD 2024A017
Agenda Item _____________________
This Intergovernmental Agreement (Agreement) is entered into by and between the Town of 
Gila Bend, a municipal corporation, acting by and through its Town Council, hereinafter called 
the TOWN, 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 and the TOWN 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 all PROJECT 
PARTNERS.

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STATUTORY AUTHORIZATION
1.
The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 48-3603 to 
enter into this Agreement and has authorized the undersigned to execute this Agreement 
on behalf of the DISTRICT.
2.
The TOWN is empowered by A.R.S. Section 11-951 and 11-952, as amended, and A.R.S 
Section 9-240, as amended to enter into this Agreement and has authorized the 
undersigned to execute this Agreement on behalf of the TOWN.
BACKGROUND
3.
On August 13 and 14, 2021 rains in around the Town of Gila Bend caused flooding of 
numerous homes and businesses. Several homes along Scott Avenue Wash were subject 
to significant flooding.
4.
In a Special Session on September 27, 2021, the Board of Directors approved IGA FCD 
2021A013 (C-69-22-137-X-00) between the TOWN and DISTRICT for the voluntary 
purchase and removal of up to nine homes that experienced severe flooding. Ownership 
of the properties acquired has been turned over to the TOWN. 
5.
On January 12, 2022, the Board of Directors of the DISTRICT adopted Resolution FCD 
2022R001 (C-69-22-056-X-00), authorizing the DISTRICT to negotiate and prepare 
Intergovernmental Agreements for the cost-sharing, design, rights-of-way acquisitions, 
construction, construction management, and future operation and maintenance of Gila 
Bend Drainage Improvements.
6.
On April 6, 2022, the Board of Directors of the District approved Intergovernmental 
Agreement 2022A008 (C-69-22-082-X-00) between the DISTRICT and the Natural 
Resources Conservation Services (NRCS) for their Funding Support of the Scott Avenue 
Wash Project in Gila Bend. 
7.
The DISTRICT began the design of the Scott Avenue Wash Emergency Repair (PROJECT) 
in March 2022 and construction was completed in February 2023. The PROJECT repaired 
damage caused by the August 2021 storm event and included improvements to increase 
the channel capacity and reduce the potential for erosion. The improvements included 
clearing the debris from the main channel of the Scott Avenue Wash and reconstructing

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it using a combination of box culverts, L-walls, and the addition of riprap for erosion 
protection. The PROJECT’s location is shown on Exhibit A. 
8.
An Operation & Maintenance Plan for the PROJECT was developed, and the most current 
version is dated May 2025. The DISTRICT, with the prior written approval of the Town, 
may update the Operation & Maintenance Plan. 
PURPOSE OF THE AGREEMENT
9.
This Agreement identifies and defines the responsibilities of the DISTRICT and the TOWN 
for activities related to the operation & maintenance of the PROJECT. 
TERMS OF AGREEMENT
10. The PROJECT, as referenced herein, is described in Section 7 of this Agreement.
11. The TOWN shall:
11.1 Perform operation and maintenance in accordance with the Operation & 
Maintenance Plan.
11.2 Be responsible for routine maintenance activities identified in the Operations & 
Maintenance Plan. 
11.3 Be solely responsible for the maintenance of Papago Street and the PROJECT’s 
elements north of Papago Street.
11.4 Review any proposed public or private encroachments uses, and/or modifications to 
ensure they don’t affect the PROJECT’s flood conveyance capability, structural 
stability or operations and maintenance needs. Coordinate these reviews through 
the DISTRICT’s right-of-way (ROW) permitting process. The approval of any 
proposed encroachment will require the issuance of a Letter of No Objection or ROW 
Permit by the DISTRICT.
11.5 Inform the DISTRICT of any unauthorized encroachments, uses, and/or 
modifications and take the lead for their removal or have them properly permitted. 
11.6 Be responsible for assuring the safety and appropriateness of any non-flood control 
uses of the PROJECT.

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11.7 On an annual basis provide written notification to the DISTRICT that the PROJECT 
has been properly maintained by the TOWN over the past year in accordance with 
the Operations & Maintenance Plan. 
11.8 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, Arizona Pollutant Discharge 
Elimination System, or any other applicable discharge requirements, including any 
permit requirements.  
11.9 Provide the DISTRICT with unrestricted access to the PROJECT’s site and flood 
control features.
12. The DISTRICT shall:
12.1 Conduct the required inspections as identified in the Operations & Maintenance 
Plan. Invite the TOWN to participate in these inspections and provide a copy of each 
Inspection Report to the TOWN. 
12.2 Be responsible for the more specialized maintenance activities as identified in the 
Operations & Maintenance Plan that may impact the PROJECT’S flood conveyance 
capability or structural stability, such as repairs to the box culverts and L-walls, 
including, but not limited to, re-grading behind the walls as needed, erosion control 
features and riprap, and sediment/flood debris removal. 
12.3 Review and approve through a Letter of No Objection or ROW Permit any authorized 
or unauthorized public or private encroachments, uses and/or modifications that 
could impact the flood conveyance capability, structural stability, or the operations 
and maintenance needs of the PROJECT.
12.4 When requested by the TOWN participate in inspections.
13. Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shall:
13.1 Comply with A.R.S. Sections 41-4401 and 23-214(A).

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13.1.1 Each party to this Agreement retains the legal right to inspect the records of 
the TOWN’s and any contractors’ or subcontractors’ employees performing 
work under this Agreement to verify compliance with A.R.S. Sections 41-4401 
and 23-214(A).
13.1.2 Failure by either party to this Agreement to comply with A.R.S. Sections 41-
4401 and 23-214(A) shall be deemed a breach of this Agreement and is 
subject to penalties up to and including termination of the Agreement.
13.2 Have the right, 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.
13.3 Agree to use their best efforts and enter into good faith negotiations to resolve any 
disputed items of this Agreement.  However, this shall not limit the rights of the 
PROJECT PARTNERS to seek any remedies provided by law.
14. The PROJECT PARTNERS agree that in the event of any breach or threatened breach of 
this Agreement, the non-breaching PROJECT PARTNER shall be entitled to seek specific 
performance or other equitable relief as the sole and exclusive remedy. The PROJECT 
PARTNERS expressly waive any right to seek or recover monetary damages, including 
direct, indirect, incidental, or consequential damages, for any such breach.
15. Each PROJECT PARTNER shall, as “Indemnitor,” to the extent permissible by law, 
indemnify, defend and hold harmless the other PROJECT PARTNER (“Indemnitee”) 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 negligent act or omission of Indemnitor 
pursuant to this IGA, 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 Indemnitor’s obligation to pay shall be limited to the amount Indemnitee

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has paid or would be obligated to pay in the absence of any agreement to 
indemnify.  Should any PROJECT PARTNER offer to make or 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 thereof, from any and all loss or expense 
incurred as a result of any claim or suit that arises as a result of the non-flood control 
uses.  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.  
16. This Agreement is entered into solely for the benefit of the PROJECT PARTNERS and their 
respective permitted successors and assigns. Nothing in this Agreement, express or 
implied, is intended to or shall confer upon any other person or entity any legal or equitable 
right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 
The PROJECT PARTNERS expressly agree that there are no third-party beneficiaries to 
this Agreement.
17. 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
Chief Engineer and General Manager
2801 West Durango Street
Phoenix, AZ 85009-6399
Town of Gila Bend
Town Manager
P.O. Box A
Gila Bend, Arizona 85337
18. This Agreement shall expire 50 years from the effective date.  However, by mutual written 
agreement of all parties, this Agreement may be amended or terminated.  The operation 
and maintenance provisions of this Agreement shall survive the expiration of this 
Agreement.

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19. This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S. 
Section 38-511.
20. 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.
21. 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 any party.
SIGNATURE PAGES FOLLOW

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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Paul Baughman, Chief Engineer and General Manager
Date
 
Approved and Accepted: 
By: 
       Chairman, Board of Directors     Date
Attest:
By: 
       Clerk of the Board                       Date
The foregoing Intergovernmental Agreement IGA FCD 2024A017 has been reviewed pursuant 
to A.R.S. 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

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TOWN OF GILA BEND
A Municipal Corporation
By:  
                                                  
 Tommy Sikes
 Mayor     
                  
Date
Attest:
By:  
__
      Beth Sanchez
Town Clerk 
Date
The foregoing Intergovernmental Agreement IGA FCD 2024A017, 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 Town of Gila Bend under 
the laws of the State of Arizona.
 
Town Attorney                
     Date

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IGA FCD 2024A017
EXHIBIT A
Scott Avenue Wash Project
NOTE: The “20-FT – FREE ZONE” is to ensure that no accumulation of trash, debris, vehicles, 
etc. are allowed within this area. This will ensure free flow of flood waters and will 
provide access for maintenance of the channel and culvert. This does not preclude 
installation by the TOWN of passive recreation features with the approval of the 
DISTRICT.