2022A010 CITY OF PHOENIX DISTRICT 3 TREE INSTALLATION PROJECT IN SUNNYSLOPE TO THE ACDC NEAR 19TH AVE (FINAL NO WATERMARK).PDF
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IGA FCD 2022A010
PAGE 1 OF 7
Intergovernmental Agreement
for the
Installation, Operation and Maintenance
of the
Tree Installation Project in Sunnyslope to the ACDC near 19th Ave
between the
City of Phoenix
and the
Flood Control District of Maricopa County
IGA FCD 2022A010
Agenda Item _____________________
This Intergovernmental Agreement (FCD 2022A010) 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 City of Phoenix, a municipal corporation,
acting by and through its Mayor and City Council, (the “CITY”). The City and the District are
collectively referred to as the PROJECT PARTNERS and 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, to enter into this
Agreement and has authorized the undersigned to execute this Agreement on behalf of the
DISTRICT.
2. The CITY is empowered by A.R.S. § 9-240(B) and A.R.S. §11-952, to enter into this Agreement
and has authorized the undersigned to execute this Agreement on behalf of the CITY.
BACKGROUND
3. The Arizona Canal Diversion Channel (ACDC) was constructed by the U S Army Corps of
Engineers as a flood control project with the DISTRICT as the local sponsor.
4. The CITY approached the DISTRICT with the desire of planting and maintaining several CITY-
owned trees onto DISTRICT fee property adjacent to the ACDC near 19th Ave and Hatcher
(PROJECT) to beautify the Sunnyslope neighborhood.
IGA FCD 2022A010
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PURPOSE OF THE AGREEMENT
5. The purpose of this Agreement is to identify and define the responsibilities of the DISTRICT and
the CITY for the relocation, installation and ongoing operation and maintenance of the
PROJECT.
TERMS OF AGREEMENT
6. For the purposes of this Agreement, the PROJECT FEATURES shall include trees and an
associated irrigation system. Trees shall be placed within the area represented in Exhibit A.
7. Under no circumstances shall any PROJECT FEATURES be installed in such a manner as to
impede or interfere with the DISTRICT's operation and maintenance responsibilities for the
ACDC project structures and/or landscaping.
8. PROJECT FEATURES shall not in any way adversely affect the structural integrity of the ACDC
channel structure as determined by DISTRICT staff.
9. The PARTNERS shall cooperatively:
9.1
Select and approve all trees prior to installation onto DISTRICT property.
9.2
Identify locations for the trees subject to the conditions of Paragraphs 7 and 8.
9.3
Inspect and approve the completed PROJECT.
10. The DISTRICT shall:
10.1 Provide the irrigation infrastructure required to deliver water to each tree location via a new
irrigation line adjacent to the sidewalk that will be tied into the existing ACDC irrigation
filter pad near the corner of 19th Avenue and Hatcher within the PROJECT area described
in exhibit A.
10.2 Maintain existing ACDC irrigation filter pad.
10.3 Provide irrigation water for trees at the DISTRICTS’s expense.
10.4 Reserve the right to turn off irrigation water to prevent damage to the ACDC if repairs to
the irrigation system are not performed per section 11.2.
10.5 Reserve the right, at its expense, to maintain the trees at level that exceeds the level of
maintenance provided by the CITY as described in section 11.6.
10.6 Reserve the right to conduct necessary maintenance of PROJECT FEATURES as needed
to conduct operation and maintenance responsibilities for the ACDC.
10.7 Provide the CITY with a Right to Arrest authorization, including the name and title of the
person or persons who will be available to serve as a witness in any prosecution initiated by
the CITY for offenses committed within the area depicted on Exhibit A.
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11. The CITY shall:
11.1 Be responsible to provide and install trees within PROJECT site.
11.2 Obtain a DISTRICT Right of Way Permit for the installation of PROJECT FEATURES.
11.3 PROJECT FEATURES will be maintained in such a manner as to not impede or interfere
with the DISTRICT's operation and maintenance responsibilities for the ACDC project
structures.
11.3 Once completed any loss of the PROJECT FEATURES shall not be replaced without the
CITY first obtaining a Right of Way Permit from the DISTRICT
11.4 Have authority to enforce all federal, state, County, and City laws and ordinances within the
PROJECT.
11.5 Maintain the PROJECT FEATURES at the CITY's expense to a level consistent with
established CITY street landscape program service levels.
12. If the CITY should abandon the PROJECT and decline and/or refuse to operate and maintain
the PROJECT consistent with this Agreement, the DISTRICT shall have the right to remove any
and all PROJECT FEATURES as described in this Agreement, at the CITY’s expense.
13. Any local permits required for the PROJECT that are issued by either PROJECT PARTNER shall
be issued at no cost to the PROJECT.
14. Either PROJECT PARTNER may, with mutual written agreement of the other PROJECT
PARTNER, delegate responsibilities to another party. Any delegation, however, shall not relieve
the delegating PROJECT PARTNER of its original responsibilities as defined herein.
15. Each PROJECT PARTNER certifies that it has disclosed to the other PROJECT PARTNER any
known ongoing or anticipated litigation (to which it is a party) related to the PROJECT or
PROJECT-affiliated flooding hazards and shall continue to make such disclosures through the
duration of this Agreement.
16. In the case of any dispute over any items in this Agreement, the PROJECT PARTNERS 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.
17. Each PROJECT PARTNER (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. The CITY shall further, to the extent permissible by law,
indemnify, defend and save harmless the DISTRICT 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 recreational use of the PROJECT in
the event that it elects to invite such use (with or without DISTRICT concurrence). Such
indemnification obligations shall encompass any personal injury, death or property damages
IGA FCD 2022A010
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resulting from the indemnitor’s negligent or wrongful acts or omissions, as well as reasonable
attorney 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 negligence or wrongful acts as
provided by law.
18. Each PROJECT PARTNER
18.1 Shall comply with A.R.S. §§ 41-4401 and 23-214(A). Failure by either PROJECT
PARTNER to comply with A.R.S. §§ 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.
18.2 Retains the legal right to inspect the records of the other PROJECT PARTNER’s and any
contractors’ or subcontractors’ employees performing work under this Agreement to verify
compliance with A.R.S. §§ 41-4401 and 23-214(A).
19. All notices or demands upon any PROJECT PARTNER shall be in writing and shall be delivered
in person, by express delivery service for which a receipt is obtained or sent by mail addressed as
follows:
Flood Control District of Maricopa County
City of Phoenix
Director
Street Transportation Director
2801 West Durango Street
200 W. Washington Street, 5th Floor
Phoenix, Arizona 85009-6399
Phoenix, AZ 85003-1611
If a PROJECT PARTNER notifies the other PROJECT PARTNER in writing of a change to the
address for purposes of notification, such notice shall not be deemed to be an amendment or
modification to this Agreement.
20. This Agreement shall expire either (a) two years from the date of execution by all PROJECT
PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding
obligations and reimbursements associated with this Agreement, whichever is the first to occur.
However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be
amended or terminated except as expressly stated in this Agreement. The operation and
maintenance and indemnification provisions of this Agreement shall survive the expiration of this
Agreement.
21. This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.
22. This Agreement shall be amended or modified only by written instrument executed by duly
authorized personnel.
23. Attached to this Agreement or contained herein are the written determinations by the appropriate
attorneys for the PROJECT PARTNERS, 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.
24. If legislation is enacted after the effective date of this Agreement that changes the relationship or
structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this
Agreement shall be renegotiated at the written request of either PROJECT PARTNER.
IGA FCD 2022A010
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FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Michael A. Fulton
Date
Director
Approved and Accepted:
By:
Chairman, Board of Directors
Date
Attest:
By:
Clerk of the Board
Date
The foregoing Intergovernmental Agreement FCD 2022A010 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.
General Counsel
Date
IGA FCD 2022A010
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CITY OF PHOENIX
A Municipal Corporation
Approved and Accepted By:
Street Transportation Director
Date
Attest:
By:
City Clerk
Date
The foregoing Intergovernmental Agreement FCD 2022A010 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 Phoenix under the laws of the State of
Arizona.
City Attorney
Date
IGA FCD 2022A010
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Exhibit A: Tree Installation Project in Sunnyslope to the ACDC near 19th Ave
District Property identified in green shading.