FCD2023A007 -20230724_NONAPPLICATIONADWR_IGA_-FINAL 8-31-23.PDF
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Flood Control District of Maricopa County
2801 W. Durango Street, Phoenix, AZ 85009
INTERGOVERNMENTAL AGREEMENT
FCD 2023A007
between the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY,
and the
ARIZONA DEPARTMENT OF WATER RESOURCES
for the
ADWR NONAPPLICATION IGA
Approved by the
BOARD OF DIRECTORS
of the
Flood Control District of Maricopa County
Agenda Item No. C-69-
Date
DO NOT REMOVE
THIS COVER IS PART OF THE OFFICIAL DOCUMENT
Page 1
CONTRACT NO: 2023-3165IGA
FCDMC IGA 2023A007
STATE OF ARIZONA
DEPARTMENT OF WATER RESOURCES
1110 West Washington Street, Suite 310
Phoenix, AZ 85007
This Agreement is entered into by FLOOD CONTROL DISTRICT OF MARICOPA COUNTY (“DISTRICT”), and
the DIRECTOR of the ARIZONA DEPARTMENT OF WATER RESOURCES (“DEPARTMENT”), pursuant to
A.R.S. § 11-952.
This document, including the General Provisions, Special Provisions, Scope of Service, and any attachments, shall constitute
the entire agreement between the parties with respect to the PURPOSE hereof, and supersedes all other understandings, oral
or written.
Service: Non-Application Related Technical Reviews as needed to meet the PURPOSE of this Agreement as described in
Scope of Services, Section A, PURPOSE.
Term: Effective from execution of this agreement through June 30, 2028.
Amount: The District agrees to pay $110.00 per labor-hour based on actual labor-hours worked (invoiced quarterly) not to
exceed $300,000.00 per District fiscal year (July 1st through June 30th) for costs incurred by the Department in providing
the detailed non-application technical reviews by qualified Department staff under each year of this agreement.
The parties hereto agree to carry out the Provisions of this Agreement.
FLOOD
CONTROL
DISTRICT
OF
MARICOPA
COUNTY
ARIZONA DEPARTMENT OF WATER RESOURCES
Signature of Authorized Individual
Date
Signature of Authorized Individual
Date
Typed Name
Typed Name
Typed Title
Typed Title
Page 2
CONTRACT NO: 2023-3165IGA
CONTENTS PAGE
THIS AGREEMENT CONSISTS OF:
Page No.
1.
COVER PAGE
1
2.
CONTENTS PAGE
2
3.
GENERAL PROVISIONS
3
4.
SPECIAL PROVISIONS
6
5.
SCOPE OF SERVICES
A. Purpose
7
B. Effective Date
7
C. Term
7
D. Notices, Correspondence and Reports
7
E. Payment
8
F.
Introduction
8
G. Scope of Work
8
H. Schedule of Deliverables and Payments
12
6.
LEGAL DETERMINATION
13
Page 3
CONTRACT NO: 2023-3165IGA
GENERAL PROVISIONS
1. GENERAL REQUIREMENTS:
1.1. The parties shall obtain and maintain all licenses, permits and authority necessary to perform their obligations
pursuant to this Agreement, and shall comply with all applicable state, federal and local laws, including but not
limited to those regarding unemployment insurance, disability insurance and worker’s compensation. This
Agreement does not relieve either party from any obligation or responsibility imposed upon it by law.
1.2. Neither party shall be considered an employee or agent of the other. No monitoring or supervisory responsibility
over the other party’s activities arises on the part of the other or arises as a result of, or pursuant to, this Agreement
other than as expressly provided herein.
1.3. In this Agreement, Special Provisions alter the General Provisions. If the Special Provisions conflict with the
General Provisions, the Special Provisions shall govern. If the Scope of Services conflicts with either the Special
Provisions or the General Provisions, the terms of the Scope of Services shall govern.
1.4. The provisions of this Agreement are severable to the extent that if any provision is held unenforceable under
applicable law, the remaining provisions of the Agreement shall remain in effect.
1.5. This Agreement shall be interpreted in accordance with Arizona law. Disputes arising out of this Agreement are
subject to the jurisdiction of the Superior Court of the State of Arizona.
2. INDEMNIFICATION:
Each party to this Agreement is independently responsible in the event of its own liability. Neither party agrees to
indemnify the other party.
3. RESOLUTION OF DIFFERENCES:
3.1. The parties agree to resolve all conflicts to the maximum extent possible through cooperation and coordination of
the respective party’s staff. If staff is unable to resolve any dispute, it shall be submitted for resolution to the
Department of Water Resources’ Water Planning and Permitting Division Assistant Director.
3.2. Disputes arising out of this Agreement are subject to arbitration to the extent required by A.R.S. § 12-133 and §
12-1518. Disputes not subject to arbitration are subject to the jurisdiction of the Maricopa County Superior Court.
3.3. The waiver of any breach or default of any of the provisions of this Agreement shall not be construed as a waiver
of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either
Party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver
of any breach or default by the other Party.
4. TERMINATION:
Page 4
CONTRACT NO: 2023-3165IGA
4.1. Each party shall have the right to terminate this Agreement in whole or in part, with or without cause, by providing
the other party written notice of termination, effective fifteen (15) calendar days subsequent to the mailing by
certified mail of such Notice of Termination. If the termination is partial, the parties shall continue to perform those
portions of this Agreement which have not been terminated.
4.2. In the event of Termination as provided in subsection 4.1, the District shall pay to the Department $110.00 per
hour for actual time spent prior to the termination of the agreement as determined by generally accepted accounting
principles and practices.
4.3. The District, Department or the State of Arizona may cancel this Agreement without penalty or further obligation
pursuant to A.R.S. § 38-511, which provides for cancellations of any contract made by the State, its political
subdivisions, or any of the departments or agencies of either if any persons significantly involved in initiating,
negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the
departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an
employee or agent of any other party of the contract with respect to the subject matter of the contract.
4.4. In the event of cancellation under Section 4.3 of this Agreement or if the term of the Agreement expires the District
shall continue Payment as established in Section 4.2 for actual hours spent prior to the cancellation or expiration.
4.5. In the event that the parties mutually agree to terminate a portion of the Agreement, the Department shall continue
to perform this Agreement to the extent not terminated under the provisions of this Section and receive Payment
from the District as established in Section 4.2.
5. NON-DISCRIMINATION:
The Parties shall comply with State Executive Order No. 75-5, as amended by State Executive Order No. 2009-9, and
all other applicable Federal and State laws, rules and regulations relating to equal opportunity and non-discrimination,
including the Americans with Disabilities Act.
6. PAYMENTS:
Payments by the District are conditioned upon receipt of quarterly status reports and complete invoices prepared by the
Department.
7. RECOUPMENT OF PAYMENTS:
Not applicable.
8. BOOKS, RECORDS, AND INSPECTION:
Not Applicable.
9. NOTICES:
Whenever notice is required pursuant to this Agreement, such notice shall be in writing and shall be directed to the
persons and addresses specified in the Scope of Services or to such other persons and/or addresses as either party may
designate to the other party in writing. Notice shall be delivered in person or by certified mail or courier, return receipt
requested.
10. AMENDMENTS:
Page 5
CONTRACT NO: 2023-3165IGA
Amendments to this Agreement shall not be effective unless in writing and signed by all parties.
11. SUBCONTRACTS:
Not Applicable
12. WAIVERS:
Not Applicable
13. DELIVERABLES:
Where applicable, the Department shall attend meetings and provide responses in writing or via email within the
schedule agreed upon by both parties.
14. REPORTS, INFORMATION AND DATA:
Not Applicable
15. DEPARTMENT ACKNOWLEGEMENT:
Not Applicable
Page 6
CONTRACT NO: 2023-3165IGA
SPECIAL PROVISIONS
None
Page 7
CONTRACT NO: 2023-3165IGA
SCOPE OF SERVICES
A. PURPOSE: The purpose of this Agreement is for the Department to provide the District with reviews and
regulatory input for non-application related activities including;
•
Pre-application investigations and design documents for District Dam; Rehabilitation, Modifications, Alterations,
Replacement and Repair Projects as applicable to all District ADWR Jurisdictional Dams and related features.
•
Right of Way Use Permits by others for District Dams and related features.
•
District Emergency Action Plans and related documents.
•
All other ADWR activities for District Dams as needed to meet the purpose of this agreement with the exception of
ADWR permitted construction for District Dams and related features and with the exception of ADWR annual dam
safety inspections of District Dams.
B. EFFECTIVE DATE:
This Agreement shall become effective upon the date it is executed by all parties.
C. TERM:
This Agreement shall be effective through June 30, 2028
D. POINTS OF CONTACT:
1.
District:
Contract Officer
Sharon Rogers
Contracts Officer
2801 West Durango Street
Phoenix, AZ 85009
Email: Sharon.rogers@maricopa.gov
Phone: 602-506-6764
Technical Administrator:
Tom Renckly, P.E.
Dam Safety Branch Manager
2801 West Durango Street
Phoenix, AZ 85009
Email: Tom.Renckly@maricopa.gov
Phone: 602-506-8610
2.
Department:
Contract Officer:
Scott Selin
Chief Financial Officer
Arizona Department of Water Resources
Physical Address:
1110 West Washington Street, Suite 310
Phoenix, AZ 85007
Page 8
CONTRACT NO: 2023-3165IGA
Mailing Address:
1802 W Jackson St - Box #79
Phoenix, AZ 85007
Email: sdselin@azwater.gov
Phone: (602) 771-8508
Technical Administrator:
Ravi Murthy, P.E.
Chief Engineer
Arizona Department of Water Resources
1110 West Washington Street, Suite 310
Phoenix, AZ 85007
Mailing Address:
1802 W Jackson St - Box #79
Phoenix, AZ 85007
Email: rmurthy@azwater.gov
Phone: (602) 771-8656
E. PAYMENT:
The District agrees to pay $110.00 per labor-hour based on actual labor-hours worked (invoiced quarterly) not to exceed
$300,000.00 per District fiscal year (July 1st through June 30th) for costs incurred by the Department in providing the
detailed non-application technical reviews by qualified ADWR staff under each year of this agreement.
F.
SCOPE OF WORK: ADWR to perform tasks and coordinate with District as needed to meet the stated PURPOSE of
this agreement as needed on a case-by-case basis.
Page 9
CONTRACT NO: 2023-3165IGA
LEGAL DETERMINATION
The Agreement between the Department and the District has been reviewed by the undersigned attorneys, who have
determined that said Agreement is in proper form and is within the powers and authority of those parties represented by
the undersigned.
Date: ___________________________
Arizona Department of Water Resources
By: _______________________________
Counsel
Date: __________________________
Flood Control District of Maricopa County
By: _____________________________
Counsel
Approved and Accepted:
By: ________________________________
Chairman, Board of Directors Date
Attest:
By: _________________________________
Clerk of the Board Date