2022A011-IGA-PARADISE_VALLEY_-MOCKINGBIRD_LANE_DRAINAGE_IMPROVEMENT.SIGNED.PDF

IGA FCD 2022A011 
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INTERGOVERNMENTAL AGREEMENT 
between  
THE TOWN OF PARADISE VALLEY 
and the 
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
for the 
DESIGN, RIGHTS-OF-WAY ACQUISITIONS, UTILITY RELOCATIONS, CONSTRUCTION, 
CONSTRUCTION MANAGEMENT, AND OPERATION AND MAINTENANCE 
of the 
MOCKINGBIRD LANE DRAINAGE IMPROVEMENTS PROJECT 
IGA FCD 2022A011 
 
Agenda Item _____________________ 
This Intergovernmental Agreement (this “Agreement”) is entered into by and between the Flood Control 
District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of 
Directors (the “DISTRICT”), and the Town of Paradise Valley, a municipal corporation, acting by and through 
its Mayor and Town Council, (the “TOWN”).  The TOWN and the DISTRICT are collectively referred to as 
the “PROJECT PARTNERS” and individually as a “PROJECT PARTNER.” 
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.R.S.) § 48-3603, as amended, 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. § 9-240(B) and A.R.S. § 11-952, as amended, to enter into this 
Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. 
BACKGROUND 
3. The Lower Indian Bend Wash Area Drainage Master Study/Plan (ADMS/P) was completed by the 
DISTRICT in December 2017.  The ADMS/P evaluated existing drainage structures, identified drainage 
problems, analyzed the extent of flooding, and developed alternative drainage solutions and a 
Recommended Drainage Master Plan (PLAN) was selected for the area.   
4. The Lower Indian Bend Wash watershed extends from Shea Boulevard to the north, Middle Indian Bend 
Wash to the east, Salt River to the south, and 56th Street to the west. 
5. The Mockingbird Lane Drainage Improvement Project (PROJECT) is one of the recommended structural 
drainage solutions to mitigate flooding hazards of the PLAN.  The PROJECT starts from 56th Street along 
Mockingbird Lane to Invergordon Road then heads north along Invergordon Road to outfall into Indian 
Bend Wash. 
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6. The PROJECT will provide 10-year flood protection to properties from 56th Street on the west, 
Invergordon Road on the east, Mockingbird Lane on the south, and Indian Bend Wash on the north. 
 
7. In October 2020, the TOWN submitted the PROJECT for consideration in the DISTRICT’s Fiscal Year 
2021/2022 Capital Improvements Program. 
 
8. On May 23, 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 design, rights-of-way acquisitions, construction, construction 
management, and operation and maintenance of the PROJECT. 
 
9. On August 17, 2022, the Board of Directors of the DISTRICT Approve Amendment No.1 Resolution 
FCD 2018R007A to FCD2018R007 (C-69-18-036-6-00) for the Lower Indian Bend Wash Area Drainage 
Master Study/ Plan as the drainage mitigation plan for Lower Indian Bend Wash watershed.   
PURPOSE OF THE AGREEMENT 
10. This Agreement identifies and defines the responsibilities of the DISTRICT and the TOWN for design, 
rights-of-way acquisitions, construction, utility relocations, construction management, and operation and 
maintenance of the PROJECT. 
TERMS OF AGREEMENT 
11. The estimated cost of the PROJECT is $7,000,000 (PROJECT COST).  This amount is based on the best 
information available at the time of the execution of this Agreement and is subject to change without 
amendment to this Agreement.  Upon recognition of anticipated cost increases above this estimated 
PROJECT COST, PROJECT PARTNERS shall communicate these anticipated increases and take 
appropriate actions to address the situation. 
11.1 
The PROJECT COST includes all expenses related to the design, rights-of-way acquisitions, utility 
relocations, 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. 
11.2 
All costs associated with additional rights-of-way acquired at the request of the TOWN for non-
flood control purposes, 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 solely by the 
TOWN. 
11.3 
Personnel and internal administrative costs of either PROJECT PARTNER, including costs 
associated with the issuance of PROJECT permits shall be funded by the respective PROJECT 
PARTNERS. 
12. The target date for completion of PROJECT is DISTRICT Fiscal Year 2025/2026.  The PROJECT 
PARTNER assigned lead agency responsibility for a task shall inform the other PROJECT PARTNER of 
delays impacting this target completion date. 
13. 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.  
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14. TOWN funding for the PROJECT shall be from the TOWN’s Capital Improvement Program (CIP) 
budget and is subject to availability of funds appropriated to the CIP budget. 
15. The DISTRICT shall: 
15.1 
Fund sixty-five percent (65%) of the PROJECT COST, making the DISTRICT’s estimated share 
$4,550,000. 
15.2 
Within thirty (30) calendar days of receipt, pay all invoices issued by the TOWN pursuant to the 
PROJECT in accordance with the terms of this Agreement.  
15.3 
Participate in PROJECT public involvement activities. 
15.4 
Within three (3) weeks of receipt of interim project submittals, provide review comments to the 
TOWN. 
15.5 
Participate in a final inspection of the completed PROJECT with the TOWN. 
16. The TOWN shall: 
16.1 
Fund thirty-five percent (35%) of the PROJECT COST making the TOWN’s estimated share 
$2,450,000. 
16.2 
Serve as lead agency for: PROJECT design, obtaining all necessary USACE Section 404 permits, 
approvals, public involvement activities, the relocation of all conflicting utilities in place via prior 
rights, acquisition of all required rights-of-way, construction, construction management, and 
operation and maintenance. 
16.3 
Obtain rights-of-way required for the PROJECT. 
16.3.1 Continuation of the PROJECT is conditioned upon the TOWN obtaining rights-of-way, 
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 the TOWN.  
16.3.2 If the TOWN is unable to satisfactorily obtain such property interests within a reasonable 
time following execution of this Agreement, the TOWN may notify DISTRICT of the 
same and this Agreement may be terminated without further obligation of the PROJECT 
PARTNERS. 
16.4 
Upon the awarding of the appropriate contract(s), invoice the DISTRICT for sixty-five percent 
(65%) of its share of the PROJECT COST associated with such contract(s) and, upon completion 
of the contract(s), invoice the DISTRICT for its remaining share of all PROJECT COST 
associated with said contract(s) incurred to date. 
16.5 
Provide the DISTRICT with interim design submittals, allow three (3) weeks for review and 
comment, and incorporate any comments from the DISTRICT 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. 
16.6 
Require that any contractor selected for the PROJECT: 
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16.6.1 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). 
16.6.2 Agree that a breach of the warranty under paragraph 15.6.1 shall be deemed a material 
breach of contract and is subject to penalties up to and including termination of the 
contract. 
16.6.3 Warrants and certifies that it does not currently, and agrees for the duration of the contract 
that it will not, use: 
16.6.3.1 
The forced labor of ethnic Uyghurs in the People’s Republic of China. 
16.6.3.2 
Any goods or services produced by the forced labor of ethnic Uyghurs in the 
People’s Republic of China. 
16.6.3.3 
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. 
16.6.4 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 contractor or 
subcontractor is complying with the warranties under paragraphs 15.6.1 and 15.6.3. 
16.7 
Be responsible for assuring the safety and appropriateness of any non-flood control uses of the 
PROJECT prior to making the PROJECT available for such uses. 
16.8 
Coordinate a final inspection of the completed PROJECT with the DISTRICT. 
16.9 
Be responsible for all operations and maintenance of the PROJECT. 
16.10 
Obtain DISTRICT 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. 
17. Any local permits required for the PROJECT that are issued by either PROJECT PARTNER 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 as PROJECT costs. 
18. All permanent rights-of-way acquired for the PROJECT shall provide that the land and/or land rights 
acquired by the TOWN shall specifically be used for flood control purposes.  If it is mutually agreed 
between the PROJECT PARTNERS that land and/or land rights acquired for the PROJECT are no longer 
needed for flood control purposes and therefore available for sale, the TOWN may sell the land or release 
land rights provided that upon such sale, the DISTRICT shall be paid an amount equal to fifty percent 
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(50%) of the final disposition price at the time that the TOWN disposes of said land or releases 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. §§ 41-4401 and 23-214, subsection A. 
19.2.1 Each party to this Agreement retains the legal right to inspect the records of the 
contractors’ or subcontractors’ employees performing work on this PROJECT to verify 
compliance with A.R.S. §§ 41-4401 and 23-214, subsection A. 
19.2.2 Failure by either party to this Agreement to comply with A.R.S. §§ 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. 
19.3 
Provide any permit(s) required for the PROJECT at no cost to the PROJECT. 
19.4 
Following mutual written agreement of all PROJECT PARTNERS, be allowed 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 in this Agreement.  
The use of a contractor to perform any services necessary to complete the Project as designed shall 
not be construed as being a delegation of responsibilities. 
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 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 
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, as “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 of the 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, the 
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 the Indemnitee has paid or would be obligated 
to pay in the absence of any agreement to indemnify.  Should the TOWN offer to make or make the 
PROJECT available for any non-flood control uses, the TOWN shall, to the extent permissible by law, 
indemnify, defend, and save harmless the DISTRICT, including agents, officers, directors, and employees 
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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 
Town of Paradise Valley 
Town Manager 
6401 East Lincoln Drive 
Paradise Valley, AZ. 85253-4328 
 
 
 
Either PROJECT PARTNER may provide notice to the other that notices shall thereafter be sent to a 
different or additional address, and such notice shall not require any formal amendment process but shall 
immediately alter this paragraph. 
 
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 shall survive the expiration of this Agreement. 
23. This Agreement is subject to cancellation by either party pursuant to the provisions of A.R.S. § 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. 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. 
 
[Signatures on the following pages] 
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
A Political Subdivision of the State of Arizona 
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 2022A011 has been reviewed pursuant to A.R.S. § 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 PARADISE VALLEY 
A Municipal Corporation 
 
 
Approved and Accepted By: 
 
 
 
 
 
 
 
 
 
Jill Keimach, Town Manager 
              
 Date 
Attest: 
By: 
 
 
 
 
 
 
 
 
Duncan Miller, Town Clerk   
 
Date 
The foregoing Intergovernmental Agreement FCD 2022A011 has been reviewed pursuant to A.R.S. § 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 Paradise Valley under the laws of the State of Arizona. 
By:  
 
 
 
 
 
 
 
 
Town Attorney 
 
 
 
Date 
10/2/22 20:11 EDT
10/3/22 00:01 EDT
10/3/22 10:36 EDT
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IGA FCD 2022A001 
EXHIBIT “A” 
Project Site Map  
 
 
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