Supporting Document (d7cd4d56...)

City of Scottsdale — Regular Meeting (2026-03-24)

View PDF Meeting page

Extracted text (via pymupdf) 29102 characters
Item 6
CITY COUHCll
REPORT
Hit
Meeting Date: 
March 24,2026
General Plan Element 
Public Services and Facilities
General Plan Goal: 
Provide a safe environmentfor all citizens, visitors, and
private interests
ACTION_________________________________________________________
Adopt Resolution No. 13615 authorizing Intergovernmental Agreement 2026-035-COS 
between the City of Scottsdale and the Flood Control District of Maricopa County for 
Construction, Construction Management, and Operation and Maintenance for the 68*
Street Storm Drain Project
Background
The purpose of this action is to authorize the City to enter into an intergovernmental 
agreement (IGA) with the Flood Control District of Maricopa County (District) for the 
Construction, Construction Management, and Operation and Maintenance for the 68*
Street Storm Drain Project
The City of Scottsdale will be the lead agency for the 68* Street Storm Drain Project 
(Project) as recommended by the Lower Indian Bend Wash Area Drainage Master Study 
(ADMS).
The 68* Street Storm Drain project is a quarter mile of storm drain extension along 68* 
Street from Monterosa Street to Roma Avenue (Project) and is located within the City of 
Scottsdale. The Project is intended to mitigate the flood hazards along 68* Street
The area is part of the Lower Indian Bend Wash (LIBW) Area Drainage Master Study/Plan 
(ADMS/P), a regional study sponsored by the Flood Control District of Maricopa County 
(FCDMC) which was completed in December 2017. The ADMP report identified five 
regional drainage improvement areas and eleven smaller localized drainage improvement 
areas. The Project storm drain extension is in one of the localized drainage improvement 
areas.
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 negotiate and prepare an IGA for cost­
sharing, design, rights-of-way acquisition, construction, construction management, and 
future operation and maintenance of the Project
Action Takan.
Blueink Bundle ID: IdGHJTuLwl

City Council Report | IGA with the Flood Control District of Maricopa County for the 
68^ Street Storm Drain Project for the Construction, Construction Management, and 
Operation and Maintenance
This Agreement is only for the construction, construction management, operation, and 
maintenance of the Project which will construct a quarter mile of storm drain along 68* 
Street from Monterosa Street to Roma Avenue to reduce the flood hazard in the area by 
providing a 10-yr level of protection. The proposed Project elements are shown in Exhibit 
A, attached hereto and made a part hereof.
The total project cost is estimated to be $2.6 million. This amount is based on the best 
information available at the time of the execution of this IGA. Upon recognizing any 
anticipated increases to this estimated project cost, project partners shall communicate 
these anticipated increases and take appropriate actions to address the situation.
Under the terms of this IGA, the District will contribute fifty percent (50%) towards the 
cost of Construction, Construction Management, and Operation and Maintenance of the 
project The District's contribution (50%) is estimated to be approximately $1.3 million.
The city of Scottsdale’s cost share under this IGA is 50% and is estimated to be 
approximately $1.3 million.
Significant Issues to be Addressed
This Agreement identifies and defines the responsibilities of the District and the City for Project 
activities related to consttuction, construction management, operation, and maintenance.
ANALYSIS & ASSESSMENT 
Recent Staff Action
Staff coordinated with the Flood Control District of Maricopa County to negotiate the 
required IGA for Construction, Construction Management, and Operation and Maintenance 
of the project
Community Involvement
As necessary, targeted public meetings will be held with the HOA and other impacted 
public in the vicinity of the project
Page 2
Blueink Bundle ID: IdGHJTuLwl

City Council Report | IGA with the Flood Control District of Maricopa County for the 
68^ Street Storm Drain Project for the Construction, Construction Management, and 
Operation and Maintenance
RESOURCE IMPACTS 
Available funding
Per agreement No. 2026-035-COS, the City of Scottsdale's contribution of 50% of the total 
cost of the project is $1.3 million. Funding is available for this proposed project in FY 
2026/27 capital budget (Project PF2401). Scottsdale's contribution of $1.3 million is 
funded by the CIP Stormwater Fee.
Staffing, Workload Impact
The contract administrator responsible for enforcing all contract provisions will be Hasan 
Mushtaq, Floodplain Administrator, Planning and Development Services Department, City 
of Scottsdale. No additional staffing needs have been identified because of this action.
Future Budget Implications
Annual maintenance costs for the 68* Street Storm Drain Project are estimated at 
approximately $3,000/year, which staff will include in future operating budget requests.
OPTIONS & STAFF RECOMMENDATION
Recommended Approach
Adopt Resolution No. 13615 Authorizing Intergovernmental Agreement No. 2026-035-COS 
between the City of Scottsdale, and the Flood Control District of Maricopa County for 
Construction, Construction Management, and Operation and Maintenance for the 68* 
Street Storm Drain Project.
Proposed Next Steps
Upon approval by Council, die Floodplain Administrator will continue to work with the 
Flood Control District of Maricopa County to monitor all project costs during all phases of 
the 68* Street Storm Drain Project
Pages
Blueink Bundle ID: IdGHJTuLwl

City Council Report | IGA with the Flood Control District of Maricopa County for the 
68"' Street Storm Drain Project for the Construction, Construction Management, and 
Operation and Maintenance
RESPONSIBLE DEPARTMENT(S)
Planning and Development Services Department.
STAFF CONTACT (S)
Hasan Mushtaq, Floodplain Administrator, hmushtaq@scottsdaleaz.gov
APPROVED BY
ScjotStlk
3/10/26
Scott Selin, Budget Director
(For Financial Policies Compliance and Budget Appropriation) 
(480) 312-2603. sselin@scottsdaleaz.gov
Date
3/6/26
Michael Clack, Planning & Development Area Director 
(480) 312-7629. mclack(5)scottsdaleaz.gov
7^err£au&
Date
3/6/26
Erin Perreault, Planning & Development Services Senior Director 
(480) 312-7093, eDerrault@scottsdaleaz.gov
Date
3/6/26
Greg Caton, City Manager
(480) 312-7759. gcaton@scottsdaleaz.gov
Date
ATTACHMENTS
1. Resolution No. 13615
2. Location Map
3. Contract No. 2026-035-COS
Page 4
Blueink Bundle ID: IdGHJTuLwl

RESOLUTION NO. 13615
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA 
COUNTY. ARIZONA AUTHORIZING THE MAYOR TO EXECUTE 
INTERGOVERNMENTAL AGREEMENT NO. 2026-035-COS BETWEEN THE CITY OF 
SCOTTSDALE AND THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR 
THE 68'^» STREET STORM DRAIN PROJECT.
I
WHEREAS, Arizona Revised Statutes Sections 11-951, et seq. provide that public agencies 
may enter into intergovernmental agreements for the provision of services or joint or cooperative action;
WHEREAS, Article 1, Section 3-1 of the City Charter of the City of Scottsdale authorizes the 
City to enter into intergovernmental agreements with various public agencies including public entities 
such as the Flood Control District of Maricopa County (“the District”); and
WHEREAS, the City of Scottsdale, and the District desire to enter into Intergovernmental 
Agreement No. 2026-035-COS for the Construction, Construction Management, Operation and 
Maintenance for the 68“’ Street Storm Drain Project; and
BE IT RESOLVED by the Council of the City of Scottsdale as follows:
Section 1. The Mayor of the City of Scottsdale is authorized and directed to execute 
Intergovernmental Agreement No. 2026-035-COS between the City of Scottsdale and the Flood Control 
District of Maricopa County in the estimated total project amount of $2,600,000 of which the City’s share 
is estimated to be $1,300,000 for the 68"’ Street Storm Drain Project.
PASSED AND ADOPTED by the Council of the City of Scottsdale this 24“’ dav of March, 2026.
ATTEST:
By:
Ben Lane, City Clerk
APPROVED AS TO FORM: 
OFFICE OF THE CITY ATTORNEY
CITY OF SCOTTSDALE, an 
Arizona municipal corporation
By:
I
Lisa Borowsky, Mayor
I
t
i
1
.uis E. Santaella, Inte
;
I
Luis E. Santaella, Interim City Attorney
By: Karen Tyler, Principal Assistant City Attorney
t
Page 1 of 1 
ATTACHMENT 1

l\
V
I
c. jtju.i, ■— 
------■■ 
*■“ 
*/V' 
f-WM J yj^
r X.- 
. r ^ 
- -• 
^
•
fVJ
Vs
(\J
*■;
V
U)
IH#
U
<E
D
O
Q.
ri^
•n t. •
lii
1
I
II I
♦f *
I
•w
tLK
M
mlr • ^
!‘^i.
*1
» . '
PROJECT 
LOCATION in: I
J]
hL*t
H
n
«
\*3
lEXETER BOULEVARC
*>a
D
■' ma:
■• —»<
* .a>
LU
CD
!»
DC
>-.iaLU
<§
Q
|v
T’-'J
JT
JI
"r
’-•1
|LUl
I at I 
<x|
11—I
|</3|
^1 
11—I
I K>l
Icoi
L4t
M
V
»
V
oo
V
*.
g
•>
: \
c L
cl
*D r
&
C;
W
CD
W
s
(\i
(£}
in
rvj
z''
L&
O✓
w
ILAFAYETTI
• ..>m
W9m
®^i'i
I-
fki
,«t
u.
zo
tn
i
'* k 
■ i
ATTACHMENT 2
■ PROJECT TITLE
a
LOCATION
MAP
I D&pr. O.H. I DRAVW I DATE 
| SCALE
CPM I RAH| 6/25
I DATE 
Is
6/25
NTS
I SHT.
I 1 or 1 s(M&

INTERGOVERNMENTAL AGREEMENT 
between the
THE CITY OF SCOTTSDALE 
and the
Flood Control District of Maricopa County
for the
Construction, Construction Management, Operation & Maintenance
of the
eS'h STREET STORM DRAIN
IGAFCD2026A007
City of Scottsdale Contract Number 2026-035-COS 
Agenda Item_____________________
Tliis Intergovernmental Agreement IGA FCD 2026A007 (Agreement) is entered into by and benveen the City 
of Scottsdale, an Arizona municipal corporation, acting by and through its City Council, hereinafter called the 
CITY, and the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting 
by and dirough its Board of Directors, hereinafter called tlie DISTRICT. The DISTRICT and the CITY may 
hereinafter individually be called a PROJECT PARTNER, or collectively called tlie PROJECT PARTNERS.
Tliis 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.) Section 48-3603, as revised, to enter 
into this Agreement and has authorized tlie undersigned to execute tliis Agreement on behalf of die 
DISTRICT.
2. Tlie CITY is empowered by A.RS. Section 11-952 and the Scottsdale City Charter Section 3-1 to enter into 
this Agreement and has audiorized die undersigned to execute tliis Agreement on behalf of the CITY.
BACKGROUND
3. Tlie 68*'' Street Storm Drain project is a quarter mile of storm drain extension along CS* Street from 
Monterosa Street to Roma Avenue (the PROJECI) and is located within the City of Scottsdale. The 
PROJECT is intended to mitigate the flood hazards along tiS* Sueet.
4. The area is part of die Lower Indian Bend Wash (LIBW) Area Drainage Master Study/Plan (ADMS/P), 
a regional study sponsored by die Hood Control District of Maricopa County (FCDMC) wliich was 
completed in December 2017. Tlie ADMP report identified five regional drainage improvement areas and 
eleven smaller localized drainage improvement areas. The subject storm drain extension is located in one 
of the localized drainage improvement areas.
5. 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 negotiate and prepare an Intergovernmental Agreement for 
cost-sharing, design, rights-of-way acquisition, construction, construction management, and future
CITY OF SCOn SDALE CONTRACT NUMBER 20264I3S-COS
I
I
IGAFCD2026A007
PCN 265.02Jl
PAGE I OF 8
ATTACHMENT 3

operation and maintenance of the PROJECT.
6. Tliis Agreement is only for the construction, construction management, operation, and maintenance of the 
PROJECT wiiich will construct a quarter mile of storm drain along 68''' Street from Monterosa Street to 
Roma Avenue to reduce the flood hazard in the area by providing a 10-yr level of protection. The proposed 
PROJECT elements are shown in Exhibit A, attached hereto and made a part hereof.
PURPOSE OF THE AGREEMENT
7. Tliis Agreement idendfies and deflnes the responsibilities of the DISTRICT and the CITY for PROJECT 
activities related to construedon, construedon management, operadon, and maintenance.
TERMS OF AGREEMENT
8. The PROJECT as referenced herein, is described in Paragraph 3 and 6 of diis Agreement.
9. Tlie PROJECT COST, as referenced herein, solely encompasses the following costs directly associated 
widi the PROJECT aedvides and incurred after the effective date of this Agreement and can include 
appropriate retroactive tasks and related costs, which are: costs of construedon, constmedon management, 
material testing, post-design services and construedon surveying support related to the PROJECT.
9.1 
Tlie PROJECT COST for tlds agreement is estimated to be $2,600,000. Tliis amount is an estimate 
based on die best information available at the time of diis Agreement. Upon recognition of 
anticipated costs above tliis estimated PROJECT COST, the PROJECT PARTNERS shall 
communicate diese anticipated increases and address them in the context of Paragraph 11.3.
10. Tlie following are specifically excluded from die calculation of PROJECT COST;
10.1 Any costs associated with non-flood control features added to the construction at the CITY’s 
request. Such costs shall be funded solely by the CITY.
10.2 The personnel and internal administrative costs associated ivith this PROJECT incurred by each 
PROJECT PARTNER, including costs associated with the issuance of PROJECT permits, unless 
specifically identified otherwise in this Agreement.
11. Not later dian Januar)' 1st of each year during the life of die Project, the CITY shall provide to the 
DISTRICT a written estimate of the funds the CITY anticipates will be needed from the DISTRICT for 
the next fiscal year and for each of the remaining fiscal years of the Project until said Project is completed. 
Tlie DISTRICT’S fiscal year commences on July 1 and ends on June 30 of the following calendar year. The 
DISTRICT’S project funding is dependent on die availabilit)' of Capital Improvement Program (CIP) 
funding. Depending on funding availability, the Parties may implement a payment plan by mutual 
agreement.
11.1 The district's fifty percent (50®/o) PROJECT COST share under this Agreement is estimated to 
be $1,300,000, and is contingent on the availability of funding.
11.2 DISTRICT funding for its cost share of the project is contingent on funding availability for 
construction and all related activities, ividi overall funding estimated at $1,300,000 distributed for 
the DISTRICT fiscal year, as outlined in the table below:
IGAFCD2026A007
CITY OF SCOTTSDALE CONTRACT NUMBER 2026-03S-COS
PCN 265.02.31
PAGE 2 OF 8
I
f
1
I

Fiscal Year
Not to Exceed
FY2026
$300,000
FY2027
$1,000,000
11.3 Funding increases may be negotiated and are subject to written approval from the DISTRICT, 
contingent upon budget availability. DISTRICT Rinding for the PROJECF shall be from secondary' 
flood control tax levy revenue.
12. CITY funding for the PROJECT shall be from the CITY’s Capital Improvement Program (CIP) budget.
13. TlieCITYshaU:
13.1 Fund 50% of the PROJECT COST, making the CITY’s estimated share $1,300,000.
13.2 Prior to the CITY beginning tlie contracting process for liiring a contractor for construction related 
activities, coordinate with the DISTRICT to understand its funding capabilities and timing for 
reimbursement of these PROJECT costs.
13.3 Beginning three months after the award of the construction contract, invoice the DISTRICT every 
quarter for its share of the accrued contract costs to date as invoiced to the CITY by the contractor.
13.4 Serve as the lead agency for tlie PROJECT construction, construction management, material testing, 
surveying, and post-design services.
13.4.1 If die construedon management services are provided via CITY staff, dien die construedon 
management cost shall be assigned a value not to exceed eight percent (8%) of the actual 
construedon cost.
13.5 Serve as the lead agency for any PROJECT public involvement aedvides.
13.6 Obtain DISTRICT review and concurrence on construedon change orders.
13.7 Assure die safety and appropriateness of any non-flood control uses of the PROJECT prior to 
offering to make or making the PROJECT available for such uses.
13.8 Obtain DISTRICT review and comments on die design and construedon of any future modifleadons 
to the PROJECT and resolve and incorporate the DISTRICT’S comments into these future 
PROJECT modifleadons.
13.9 Invite the DISTRICT to all progress meetings and inspecdons.
13.10 Be responsible for all operadons and maintenance of the PROJECT including die development of 
an operadon and maintenance plan to be shared with the DISTRICT.
13.10.1 The maintenance aedvides to be performed include, but are not limited to, maintaining the 
flood control funedon of the PROJECT, including sediment and vegetadon removal, 
removal of trash and debris, electricity and odicr operadon costs for the facilides, vandalism
CITY OF SCOTTSDALE CONTRACF NUMBER 2026-03S-COS
IGA FCD 2026A007
PCN 265.02.31
PAGE3 OF 8
I
I
i
1
I
I
I
I
I
1

t
repair and replacement, and structural repair and replacement of the flood control 
structures.
13.10.2 Schedule, and invite the DISTRICT to participate in, an annual inspection of tlie PROJECT. 
Any deficiencies relating to flood control for wltich die CITY is responsible shall be 
corrected by the CITY witliin 30 calendar days. If the CITY has not taken correedve action 
witliin diis dme, die DISTRICT reserves the right to perform correedve acdon and the 
CITY shall reimburse die DISTRICT for the total costs incurred by the DISTRICT witliin 
tliirtj'-30 calendar days of receipt of an invoice from die DlSTRICl’.
13.10.3 On an annual basis, commencing on the first anniversary date of the compledon and 
acceptance of the PROJECT, provide written nodficadon to the DISTRICT diat the 
PROJECT has been properly maintained by the CITY over die past year in accordance widi 
the PROJECT design and to ensure proper hydraulic funedon.
13.10.4 Have the right, when approved by die other PROJECT PARTNER in writing to delegate 
its responsibilides under diis Agreement to anodier partj'. Any delegadon, however, shall 
not relieve the delegating PROJECT PARTNER of its original responsibilides as defined 
herein.
14. Tlie DISTRICT shaU:
14.1 Fund fifty (50%) of the PROJECT COST, making the DISTOlCT’s estimated share $1,300,000.
14.2 Subject to the availability of funding, witliin 30 calendar days of receipt, pay approved invoices issued
by die CITY in accordance with the terms of this Agreement.
14.3 Pardcipate in PROJECT public involvement aedvities.
14.4 Pardcipate in a final inspecdon of the PROJECT with the CITY.
14.5 Pardcipate, as desired by die DISTRICT, ivith the CITY in an annual inspecdon of die PROJECT.
14.6 Provide review and comments on post-design or post-construedon changes or modificadons to the
PROJECT that may affect the hydraulic funedon of the PROJECT
15. Each PROJECT PARTNER, and the PROJECT PARTNERS collectively, shaU:
15.1 Comply with A.R.S. Secdons 41-4401 and 23-214(A).
15.1.1 Each party to this Agreement retains the legal right to inspect the records of the CITY’s and 
any contractors’ or subcontractors’ employees performing work imder this Agreement to 
verify compliance with Tide 34 of the Arizona Revised Statutes, as well as A.R.S. Secdons 
41-4401 (as applicable) and 23-214(A).
15.1.2 Failure by eidier party to this Agreement to comply with Tide 34 of the Arizona Revised 
statutes, A.R.S. Secdon 41-4401, or A.R.S. Secdon 23-214(A) shall be deemed a breach of 
tlus Agreement and is subject to penaldes up to and including terminadon of die Agreement.
15.2 Require diat any contractor selected for the PROJECT:
IGA FCD 2026A007
CITY OF SCOTTSDALE CONTRACT NUMBER 2026-035-COS
PCN 265.02.31
PAGE 4OF8
I
1
1
I
1
t
I

15.2.1 
Warrant its compliance witli all federal immigration laws and reguladons that relate to its 
employees and tlieir compliance with A.R.S. Section 23-214(A).
15.2.2 Agree that a breach of the warranty under paragraph 18.2.1 shall be deemed a material 
breach of contract and is subject to penalties up to and including terminadon of the conuact.
15.2.3 Agree that the PROJECT PARTNERS retain the legal right to inspect the papers of the 
contractor or subcontractor cmploycc(s) who work(s) on this Agreement to ensure that 
contractor or subcontractor is complying with the warranty under paragraph 18.2.1.
15.2.4 Who engages in for-profit aedvity and has 10 or more employees, cerdfy it is not currently 
engaged in, and agrees for the duiadon of diis Agreement to not engage in, a boycott of 
goods or services from Israel. This cerdficadon does not apply to a boycott prohibited by 
50 U.S.C. Secdon 4842, or a rcguladon issued pursuant to 50 U.S.C. Secdon 4842.
15.2.5 Warrant and cerdfy that it does not currently, and agrees for the duradon of the contract 
that it will not, use:
Tlie forced labor of ethnic Uyghurs in die People’s Republic of China.
Any goods or services produced by die forced labor of ethnic Uyghurs in the People’s 
Republic of China.
Any contractors, subcontractors, or suppliers that use the forced labor or any goods or 
services produced by die forced labor of edinic Uyghurs in the People’s Republic of China.
If die Contractor becomes aware during die term of the Agreement diat die Contractor is 
not in compliance with diis paragraph, the Contractor shall nodfy the County within five (5) 
business days after becoming aware of die noncompliance. Failure of die Contractor to 
provide a written cerdficadon that die Contractor has remedied die noncompliance within 
one hundred eight}' (180) days after nodfying the public endty of its noncompliance shall 
result in the terminadon of diis Agreement unless the Term of this Agreement shall end 
prior to said one hundred eighty (180) day period.
15.3 Use dieir best efforts and enter into good faith negodadons to resolve any disputed items of diis 
Agreement. However, this shall not limit the tights of die PROJECT PARTNERS to seek any 
remedies provided by law.
15.4 Take reasonable and necessat}’ acdons within its authorit}' 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 Protecdon Agency Clean 
Water Act, Arizona Pollutant Discharge Eliminadon System or any other applicable discharge 
requirements, including any permit requirements.
15.5 Equally share the cost of PROJECT compliance and cost of audit to be inidated widiin 60 days of 
PROJECT compledon, if requested by either PROJECT PARTNER. An independent auditing firm 
agreed to by die PROJECT PARTNERS will perform the audit. Any payments or reimbursements 
necessary to bring the PROJECT into compliance with the audit findings shall be made widiin 45 
days of the audit findings by the PROJECT PARTNERS.
IGA FCD 2026A007
CITY OF SCOTTSDALE CONTRACT NUMBER 2026-03S-COS
PCN 265.02.31
PAGESOF8
i
1
I
1
1
i
i
i
I
I
i

16. Eacli part)’ to this Agreement shall, as “Indemnitor,” to the extent permissible by law, indemnif)’, defend 
and hold harmless the other PROJECT PAR'I'NER (“Indemnitee”) including agents, officers, directors, 
governors 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 Indemnitor pursuant to 
tliis 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. 
Indemnitee shall be liable for its own negligence or wrt)ngful 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 tlie 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 liitiited to the amount Indemnitee has paid or would be obligated 
to pay in the absence of any agreement to indemnify. Should any PROJECT PARTNER offer to make the 
PROJECT available for any non-flood control uses, the offering PROJECT PARTNER shall, to the extent 
permissible by law, indemnify, defend and save harmless the DISTRICT, including agents, officers, 
directors, governors and employees thereof, from any and all loss or expense incurred as a result of any 
claim or suit witliout limitation related solely to the non-flood control use of the PROJECT or portions of 
the PROJECT. 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 related solely to the non-flood control use of the 
PROJECT or portions of die PROJECT, litis paragraph shall suntive die completion and/or termination 
of this Agreement.
17. 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 
Chief Engineer and General Manager 
2801 West Durango Street 
Phoenix, AZ 85009-6399
City of Scottsdale 
City Manager
7447 E. Indian School Rd., Suite # 300 
Scottsdale, AZ 85251
18. Tliis Agreement shall expire eidier (a) 10 years from die effective date, or (b) upon completion of die 
PROJECT and after all funding obligations and reimbursements have been satisfied in accordance widi 
tliis Agreement, whichever is the first to occur. However, by mutual written agreement of all parties, this 
Agreement may be amended or terminated. The operation, maintenance, and indemnification provisions, 
of dtis Agreement, shall survive the expiration of tliis Agreement.
19. This Agreement is subject to cancellation by any patty pursuant to the provisions of A.R.S. Section 38-511.
20. Attached to tliis Agreement or contained herein are the written determinations by die appropriate attornq’s 
for the parties to this Agreement, diat diese agencies are authorized under the laws of die State of Arizona 
to enter into tliis Agreement and that it is in proper form.
21. If legislation is enacted after the effective date of tliis Agreement that changes the relationship or structure 
of one or more parties to tliis Agreement, the parties agree that this Agreement shall be renegotiated at the 
written request of any party.
CITY OF SCOriSDALE CONTRACl' NlliMBEU 2026-035 COS
IGA FCD 2026A007
PCN 265.02.31
PAGE 6 OF 8

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY 
A Political Subdivision of the State of Arizona
Recommended by:
Paul Baughman, P.E., CFM 
Cltief Engineer & General Manager
Date
I
Approved and Accepted:
By:.
Chair, Board of Directors
Date
Attest:
By:.
1
Clerk of die Board
Date
»
The foregoing Intergovernmental Agreement IGA FCD 2026A007 has been reviewed pursuant to A.R.S. 
Section 11952, as amended, by die undersigned General Counsel, who has determined that it is in proper form 
and within die powers and audiority granted to the Flood Control District of Maricopa County under the laws 
of the State of Arizona.
I
Flood Control District General Counsel
Date
CITY OF SCOTTSDALE CONTRACT NUMBER 2026.035-COS
IGA FCD 2026A007
PCN 265.0231
PAGE70F8

CITY OF SCOTTSDALE 
A Municipal Cotpotarion,
By:
Lisa Borowskj', Mayor
Date
1
Attest;
(
By:
Ben Lane, Qty Clerk
Date
I
i
1
The foregoing Intergovernmental Agreement IGA FCD 2026A007 has been reviewed pursuant to Arizona 
Revised Statutes 11-952, as amended, by die undersigned attorney who has determined diat it is in proper form 
and within the power and authority granted to die City of Scottsdale under the laws of the State of Arizona.
OFFICE OF THE CITY ATTORNEY
By:
g//o
Luis Santaclla, Interim Qty Attorney Date 
By: Karen Tyler, Principal Assistant 
City Attorney
CITY OF SCOTTSDALE CONTRACT NUMBER 2026-035-COS
IGAFCD2026A007
PCN 265.02.31
PAGE8 0F8
t
1
I
I
t

IGAFCD2026A007 
EXHIBIT A
68''’ Street Storm Drain extension from Monterosa Street to Roma Avenue
I
I
.....................> N
CAMCLDACK ROAD
- I t I ,J..
MONIECIIO AVENUE
v,J I
NEW 42" STORM DRAIN
l
. 3-
I
.it- f -
r
l.' -’'I
> ‘
n
-' I
. I
___j
EXETER
BOULEVARD
i.:
t3
J
I
/ /
L
\ —
I I -/
\
'iafayette boulevard
(( -X r' -'X
,i 
CONNEC
rj.
NEW 24" STORM DRAIN
NEW 68TH STREET 
STORM DRAIN
NEW 30" STORM DRAIN
MONfEROSA STREET
LAFAYEnE'BOUlEVARO
/ ^ W.
' t
CONNECT TO EXIST. 
STORM DRAIN
i
i
CITY OF SCOTTSDALE CONTRACT NUMBER 2026-035.COS
I
IGA FCD 2026Aa07
PCN265.02JI
PAGE I OF I
I