Resolution 2026-10 IGA with FHSD for Golden Eagle Park Phase II

RESOLUTION NO. 2026-10 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF 
FOUNTAIN 
HILLS, 
ARIZONA, 
APPROVING 
THE 
INTERGOVERNMENTAL AGREEMENT WITH THE FOUNTAIN HILLS 
SANITARY DISTRICT FOR THE GOLDEN EAGLE PARK DAM-DEBRIS 
MITIGATION IMPROVEMENT PROJECT - PHASE II. 
RECITALS: 
WHEREAS, The Town of Fountain Hills (“Town”) owns and maintains the Golden Eagle 
Park Dam; and   
WHEREAS, The Fountain Hills Sanitary District (“District”) owns and operates sanitary 
sewer infrastructure within the project area; and   
WHEREAS, The Town and the District have developed coordinated improvements 
consisting of debris mitigation structures and sanitary sewer manhole protection 
improvements; and   
WHEREAS, The Town and the District desire to combine these improvements into a single 
construction project for efficiency and cost-effectiveness; and   
WHEREAS, The Town desires to enter into an Intergovernmental Agreement, dated June 
16th, 2026 (the “Agreement”) with the District to establish roles, responsibilities, and fiscal 
obligations for the Project; and   
WHEREAS, The Town will serve as the lead agency for procurement and construction 
administration under the proposed Agreement; and   
WHEREAS, The Town has entered into a separate Intergovernmental Agreement with the 
Maricopa County Flood Control District (“MCFCD”) for partial reimbursement of the 
Town’s eligible project costs; and 
WHEREAS, The District’s portion of the Project is not included in the scope of the 
MCFCD agreement and is not eligible for reimbursement from MCFCD; and   
WHEREAS, Arizona law (A.R.S. §11-951 et seq.) authorizes public agencies to enter into 
intergovernmental agreements; 
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN 
HILLS as follows:

ENACTMENTS:  
SECTION 1. The Town Council approves the Intergovernmental Agreement with the 
Fountain Hills Sanitary District for the Golden Eagle Park Dam–Debris Mitigation 
Improvement Project – Phase II.  
SECTION 2. The Town Manager is authorized to execute the Intergovernmental Agreement 
and any related documents, subject to approval as to form by the Town Attorney.  
SECTION 3. The Town shall administer the construction contract, remit payment to the 
contractor, and receive reimbursement from the District for all District-related project costs.  
SECTION 4. The Town shall separately pursue reimbursement from MCFCD for eligible 
Town project costs only, consistent with the Town’s agreement with MCFCD. 
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are 
hereby authorized and directed to cause the execution of the Agreement and to take all steps 
necessary to carry out the purpose and intent of this Resolution. 
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, 
Arizona, June 30, 2026. 
 
FOR THE TOWN OF FOUNTAIN HILLS: 
  
     
Gerry Friedel, Mayor 
 
 
ATTESTED TO: 
 
     
Bevelyn Bender, Town Clerk 
 
 
 
 
 
 
 
 
 
REVIEWED BY:  
 
     
Rachael Goodwin, Town Manager 
 
 
APPROVED AS TO FORM: 
 
     
Jennifer Wright, Town Attorney

EXHIBIT A 
TO 
 RESOLUTION NO. 2026-10 
    (Intergovernmental Agreement) 
          See following pages.

Intergovernmental Agreement 
for the 
Golden Eagle Park Dam-Debris Mitigation Improvement Project – Phase II 
between the 
Town of Fountain Hills 
and the 
Fountain Hills Sanitary District 
 
Agenda Item _________ 
 
PARTIES 
This Intergovernmental Agreement (“Agreement” of “IGA”) is entered into this 30th day of June, 
2026 (the “Effective Date”), by and between the Town of Fountain Hills, Arizona, a municipal 
corporation of the State of Arizona (“Town”), and the Fountain Hills Sanitary District, a political 
subdivision of the State of Arizona (“District”).  The Town and the District shall be referred to 
herein as a “Party” and collectively as the “Parties”. 
STATUTORY AUTHORIZATION 
1. This Agreement is entered into pursuant to A.R.S. §11-951 et seq., which authorizes public 
agencies to contract for joint or cooperative action. 
PURPOSE OF THE AGREEMENT 
2. The purpose of this Agreement is to establish roles, responsibilities, and fiscal obligations for the 
Golden Eagle Dam Improvement Project – Phase II (“Project”).  The Project combines two 
coordinated improvements: 
 
2.1 Town Component: Debris deflector structures and dam access barrier improvements  
2.2 District Component: Sanitary sewer manhole protection improvements  
 
3. These improvements have been combined into a single construction effort for efficiency and 
cost-effectiveness and permitting requirements through ADWR  
SCOPE OF WORK 
4. Town Scope 
The Town shall be responsible for: 
 
4.1 Construction of debris deflector structures and access barrier improvements 
4.2 All costs associated with the Town portion of the Project  
 
5. District Scope 
District shall be responsible for: 
 
5.1 Construction of sanitary sewer manhole protection improvements  
5.2 All costs associated with the District portion of the Project

PROJECT ADMINISTRATION 
6. The Town shall serve as the lead agency for the Project and shall: 
 
6.1 Procure the construction contractor  
6.2 Procure construction management and CQA services 
6.2.1 
The District has directly contracted for CQA services 
6.3 Administer the construction contract  
6.4 Provide construction oversight 
6.5 The Town shall have full authority to manage procurement and contract administration, 
subject to coordination with the District on matters affecting the District’s scope of work. 
6.5.1 
The District will have full authority over construction decisions for its portion of 
the Project, including manhole protection improvements. 
 
This structure is consistent with the project delivery approach documented in the Construction 
Quality Assurance Plan 
 
COST RESPONSIBILITIES 
7. Town Costs 
The Town shall be responsible for all costs associated with its portion of the Project, including 
debris deflector structures and related improvements. 
Estimated Town project cost: approximately $191,300 . 
 
8. District Costs 
District shall be responsible for all costs associated with its portion of the Project, including 
manhole protection improvements. 
Estimated District project cost: approximately $122,500 
 
 
OTHER FUNDING SOURCES 
 
9. The Town has entered into a separate Intergovernmental Agreement with the Maricopa County 
Flood Control District (MCFCD) for partial reimbursement of the Town’s Project costs. 
 
9.1 MCFCD reimbursement applies only to eligible costs associated with the Town’s portion of 
the Project. 
9.2 The District’s portion of the Project is not included in the scope of the MCFCD agreement 
and is not eligible for reimbursement by MCFCD. 
9.3 Nothing in this Agreement shall be construed to obligate the Town to seek or obtain 
MCFCD reimbursement on behalf of the District. 
 
PAYMENT AND REIMBURSEMENT 
10. The Contractor shall submit itemized invoices clearly identifying:  
 
10.1 Town-related work 
10.2 District-related work  
 
11. The Town shall:  
 
11.1 Review and approve all invoices, providing the District time to review costs associated to 
the District portion of the Project.  
11.2 Remit payment to the Contractor for 100% of each invoice

12. District shall:  
 
12.1 Review and approve invoices for District related costs. 
12.2 Reimburse the Town for 100% of District-related costs 
12.3 Submit payment within 30 days of receiving invoice documentation 
12.4 In the event the District disputes any portion of an invoice, the undisputed portion shall be 
paid within the 30-day period, and the Parties shall work in good faith to resolve the 
disputed portion. 
 
RECORDKEEPING AND AUDIT 
 
13. The Town shall maintain complete financial records for the Project.  District shall have the right 
to review records related to its portion of the work. 
TERM 
14. This Agreement shall remain in effect until: 
 
14.1 Completion of construction, and  
14.2 Final reconciliation of all payments between the Parties 
 
INDEMNIFICATION 
15. Each Party shall be responsible for its own acts, errors, and omissions to the extent permitted by 
Arizona law. 
 
TERMINATION 
16. This Agreement may be terminated by mutual written agreement of both Parties. 
 
 
AMENDMENTS 
17. This Agreement may only be amended by written agreement executed by both Parties. 
 
 
LEGAL REVIEW AND APPROVAL 
18. This Agreement has been reviewed and approved by the legal counsel for each Party. Execution 
of this Agreement constitutes such approval. 
 
 
NO THIRD-PARTY BENEFICIARIES 
19. This Agreement does not create any rights in any third party. 
 
 
COMPLIANCE WITH LAWS 
20. The Parties shall comply with all applicable federal, state, and local laws. 
 
(Signatures on Following Page)

TOWN OF FOUNTAIN HILLS  
 
FOUNTAIN HILLS SANITARY DISTRICT 
________________________________  
______________________________________ 
Rachael Goodwin, Town Manager 
 
Dana Trompke, PE, District Manager 
 
 
Date:  ___________________________  
Date: _________________________________ 
 
 
 
ATTEST: 
 
 
ATTEST: 
________________________________  
______________________________________ 
Town Clerk 
 
 
Administrative Services Manager 
 
 
The foregoing Intergovernmental Agreement 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 under the laws of the State of Arizona. 
 
 
 
________________________________  
______________________________________ 
Jennifer Wright  
 
 
 
Daniel Jones  
Attorney for the Town of Fountain Hills   
Attorney for the Fountain Hills Sanitary District