Third Amendment to Intergovernmental Agreement

City of Glendale — Regular Meeting (2026-04-28)

Extracted text (via ocr_local) 7820 characters

THIRD AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT

AMONG THE CITIES OF AVONDALE, GLENDALE, MESA, SCOTTSDALE AND
TEMPE AND THE TOWN OF GILBERT RELATING TO JOINT LEGAL
REPRESENTATION IN THE
GILA RIVER GENERAL STREAM ADJUDICATION

This Third Amendment (“Third Amendment”) to the Intergovernmental Agreement among
the cities of Avondale, Chandler, Glendale, Mesa, and Scottsdale with an Effective Date of July 1,
2019, as amended by the First Amendment to Intergovernmental Agreement with an Effective date
of July 1, 2020, as amended by the Second Amendment to Intergovernmental Agreement with an
Effective date of October 1, 2020 (collectively, the “Original Agreement”) is entered into to be
effective November 1, 2025, among the cities of Avondale, Glendale, Mesa, Scottsdale and Tempe,
and the Town of Gilbert (hereinafter the “Cities”).

WHEREAS, the Town of Gilbert desires to become a party to the Original Agreement as
amended by this Third Amendment; and

WHEREAS, joint projects among the Cities allow the Cities to maximize their effectiveness
and minimize their costs; and

WHEREAS, the Gila River General Stream Adjudication is an extremely important legal
case that will adjudicate the surface water rights of the Cities in the Gila River watershed;

NOW, THEREFORE, in consideration of the terms and conditions of this Third
Amendment, the Cities agree as follows:

1, The foregoing Recitals are true and correct and incorporated herein by this
reference.

2. The purpose of this Third Amendment is to include the Town of Gilbert as a party
to the Original Agreement and identify and define the responsibilities of the parties relating to joint
funding for the outside legal counsel to represent the Cities in the proceedings known as the Gila
River General Stream Adjudication and the Little Colorado River General Stream Adjudication
(collectively, “the Adjudications”), any related special action proceedings, and proceedings

involving the Public Trust Doctrine and Arizona streams. In addition, this Third Amendment
authorizes joint funding for outside experts to assist the Cities, if necessary, in responding to any
Adjudication activities related to the resolution of the claims for the Gila River Indian Community
and to address other issues in the Adjudications as needed.

3. The Cities desire to continue with the Contract for Legal Services (as defined
below) as amended with the Town of Gilbert.

4. Subject to the terms of this Third Amendment, and the Contract for Legal Services
(as defined below) as amended, the Cities agree to share equally in the costs of joint legal
representation by outside legal counsel and experts, for the period beginning November 1, 2025,
which share is as follows:

CITY LEGAL FEE EXPERT

% FEE %
Avondale 16.67% 16.67%
Gilbert 16.67% 16.67%
Glendale 16.67% 16.67%
Mesa 16.67% 16.67%
Scottsdale 16.67% 16.67%
Tempe 16.67% 16.67%
Totals: 100.0000% 100.0000%
5. Pursuant to the contract among the Cities and the law firm of Engelman Berger,

P.C. (“Contract for Legal Services”), each of the Cities shall directly pay outside legal counsel its
share of the total cost of joint representation and experts in response to monthly bills from outside
counsel.

6. Subject to the Contract for Legal Services and subject to the provisions of the Supreme
Court's Rules of Professional Responsibility for Attorneys, each of the Cities agrees to cooperate in
good faith with the other Cities in an effort to make the joint representation a success.

7. The Original Agreement as amended by this Third Amendment may be canceled
pursuant to A. R.S. § 38-511.

8. This Third Amendment shall become effective upon approval and execution by the
authorized representative of each of the Cities.

9. The term of the Original Agreement as amended by this Third Amendment shall be
until a final decree is entered adjudicating all the Cities’ water rights in Jn Re: The General
Adjudication of All Rights to Use Water In the Gila River System and Source (Nos. W-1, W-2, W-3
and W-4 Consolidated). The Original Agreement as amended by this Third Amendment may be

terminated upon the unanimous written consent of all of the Cities subject to the requirements and
obligations of the Contract for Legal Services.

10. Any property, tangible, intangible, personal, real or mixed which may be acquired
under the terms of the Original Agreement as amended by this Third Amendment will, upon partial
or complete termination of the Original Agreement as amended by this Third Amendment, be
disposed of in equal pro-rata shares among the Cities.

11. The provisions of the Original Agreement as amended by this Third Amendment are
severable. If any portion or portions of the Original Agreement as amended by this Third Amendment
are declared to be unlawful or void in a final court of competent jurisdiction, the remaining portion or
portions of the Original Agreement which survive any such determination shall remain valid and
enforceable according to their terms.

12. _ All provisions of the Original Agreement shall remain in full force and effect except
as amended by this Second Amendment.

13. This Third Amendment may be executed in counterparts, each of which may contain
fewer than all signatures but all of which, together, shall constitute a single instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to be
effective as of November 1, 2025.

ENGELMAN BERGER, P.C.

By:

Michael P. Rolland

Title: _ Partner/Shareholder

[City signatures on following pages]

ATTEST: CITY OF AVONDALE

By:

City Clerk
Its: