2020A011 - IGA - FCD AND MC SUPPORT SERVICES.DOCX
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IGA FCD 2020A011
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INTERGOVERNMENTAL AGREEMENT
Between
MARICOPA COUNTY
and the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
for
SUPPORT SERVICES
IGA FCD 2020A011
District Agenda Item C-69-20-025-3-00
County Agenda Item _______________
This Intergovernmental Agreement (Agreement) is entered into by and between Maricopa
County, a body politic, acting by and through its Board of Supervisors, hereinafter called
COUNTY, 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.
This Agreement shall become effective as of the date it has been executed by all parties.
STATUTORY AUTHORIZATION
1.
The COUNTY is empowered by Arizona Revised Statues (A.R.S.) Section 11-201, 11-251 and
11-952 to enter into this agreement.
2.
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.
BACKGROUND
3.
The DISTRICT was created on August 3, 1959, pursuant to the Arizona Constitution, Article
XII, Section 7 and state statue as a Municipal Corporation and political subdivision of the State
of Arizona. The DISTRICT is governed by a Board of Directors which is also the Board of
Supervisors of Maricopa County. The DISTRICT is funded by a Flood Control Tax Levy on
real property within the COUNTY.
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4.
On May 9, 1960, the Board of Supervisors of Maricopa County and the Board of Directors of
the Flood Control District of Maricopa County jointly adopted a Resolution (1960R006)
which, among other things, empowered the County Manager and the Chief Engineer and
General Manager of the DISTRICT to enter into mutually acceptable agreements for the use
of COUNTY employees and facilities by the DISTRICT.
5.
On March 3, 1999, the Board of Supervisors of Maricopa County and the Board of Directors
of the Flood Control District of Maricopa County jointly adopted an Intergovernmental
Agreement FCD 1999A006 (C69-99-066-2 and C19-99-015-2) empowering the County
Manager and the Chief Engineer and General Manager of the DISTRICT to enter into
mutually acceptable agreements for the use of COUNTY employees and facilities by the
DISTRICT and DISTRICT employees and facilities by the COUNTY.
PURPOSE OF THE AGREEMENT
6.
This agreement formalizes the continuing relationship between the COUNTY and the
DISTRICT to provide beneficial services to each other.
7.
The COUNTY and the DISTRICT have developed expertise in their services and it is desired,
in the interest of efficient operations, for the COUNTY and the DISTRICT to contract with
each other for those services.
TERMS OF AGREEMENT
8.
The COUNTY and the DISTRICT may provide certain service to one another, as agreed by
the County Manager or his/her designee and the Chief Engineer and General Manager or
his/her designee. These services include but are not limited to, the following areas:
County Services
District Services
Assessor
Construction and repair
Budget Office
Equipment support (motorized and non-motorized)
Clerk of the Board
Flood emergency information and support
County Attorney
Floodplain management
County Manager/Ombudsman
Personnel support
Emergency Management
Print services
Enterprise Technology
Procurement services
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Equipment Services
Technical services
Facilities Management
Training, education, and related support
Finance
Human Resources
Internal Audit
Planning and Development
Procurement Services
Protective Services
Risk Management
Treasurer Office
9.
In matters where services are provided by the COUNTY, the DISTRICT shall be the office of
record, except for those services provided to the Board of Directors and in such instance, the
Clerk of the Board shall be the office of record.
10. The COUNTY shall charge the DISTRICT for COUNTY services at the same rate that
departments of the COUNTY are charged. These charges are reimbursed through the
COUNTY’s Central Service Cost Allocation Plan or through the COUNTY’s Internal Service
Funds. Proposed charges will be submitted to the DISTRICT staff for review and concurrence
in accordance with A.R.S. 11-251.06. The charges associated with the COUNTY’s Central
Service Cost Allocation Plan and Internal Service Funds are approved by the DISTRICT with
the approval of the DISTRICT’s annual budget. After approval of the DISTRICT’s annual
budget, changes to the COUNTY’s Central Service Cost Allocation Plan or Internal Service
Fund charges that affect the DISTRICT must be approved by the DISTRICT. Any services
obtained by the DISTRICT or miscellaneous items charged to the DISTRICT outside the
scope of the COUNTY’s Central Service Cost Allocation Plan or Internal Service Funds must
be approved by the DISTRICT’s Chief Engineer and General Manager or his/her designee
prior to the charge.
11. In the interest of efficiency in requesting these support services, the DISTRICT will use the
procedures used by departments of the COUNTY as long as these procedures are lawful to the
DISTRICT, recognizing that the DISTRICT is a separate legal entity and a municipal
corporation of the State.
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12. The DISTRICT shall charge the COUNTY for DISTRICT services at a rate that represents
the DISTRICT’s cost of providing the service. The DISTRICT’s cost of providing the service
will be a function of the DISTRICT’s direct personnel cost, direct materials cost and the
overhead related to the direct cost of the service and materials provided.
13. In the event of disagreement between the COUNTY and the DISTRICT staffs for services
provided, the Chief Engineer and General Manager or his/her designee and the County
Manager or his/her designee will resolve the issues and if necessary refer the problem to their
separate boards for decision.
14. This agreement shall terminate on June 30, 2040. This agreement may be amended upon
mutual written agreement of both parties or terminated by either party upon ninety days
written notice of termination.
IGA FCD 2020A011
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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 2020A011 has been reviewed pursuant to
Arizona Revised Statutes 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
IGA FCD 2020A011
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IGA FCD 2020A011
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MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
_____________
Joy Rich
Date
County Manager
Approved and Accepted:
By:
__________
Chairman, Board of Supervisors Date
Attest:
By:
__________
Clerk of the Board Date
The foregoing Agreement FCD 2020A011 has been reviewed pursuant to A.R.S. 11-952, as
amended, by the undersigned Deputy County Attorney, who has determined that it is in proper
IGA FCD 2020A011
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form and within the powers and authority granted to the County of Maricopa under the laws of
the State of Arizona.
Deputy County Attorney
Date