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Home My WebLink AboutC2022A014 Fountain Hills Villa-Deuce CtIntergovernmental Agreement for the Design, Rights -of -Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the Courtside Villa -Deuce Ct, and Parcel F: Drainage Improvements between the Town of Fountain Hills and the Flood Control District of Maricopa County IGA FCD 2022A014 Agenda Item C.-ioS,d3-O?o-y-Od This Intexgoverntnental Agreement (this "Agreement") is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the "DISTRICT'), and the Town of Fountain Hills, a municipal corporation, acting by and through its Mayor and Town Council, (the "TOWN"). The Town and the District are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This 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.) § 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The TOWN is empowered by A.R.S. § 9-240(B) and A.R.S. §l 1-952, as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. BACKGROUND 3. On October 19, 2022 the Board of Directors of the DISTRICT (the Boazd) adopted Resolution FCD 2022R003 (C-69-23-009-X-00) authorizing the DISTRICP to cost -share in projects recommended under the DISTRICT's Small Project Assistance Program, 4. Under the DISTRICT'S Small Project Assistance Program for Fiscal Year 2023, the TOWN proposeA the Courtside Villa -Deuce Ct. and Parcel F: Drainage Improvements (the "PROJECT' to provide the following benefits: IGA FCD 2022A014 PCN 699.23.36 PAGE 1 OF 9 4.1 Reduce the flood hazard to a property that has experienced historic flooding. 5. The PROJECT has been recommended by DISTRICT staff for he Fiscal Yeat 2023 program. PURPOSE OF THE AGREEMENT 6. The purpose of this Agreement is to identify and define the responsibilities of the DISTRICT and the TOWN for the design, rights -of -way acquisition, utility relocations, construction, construction management, and operation and maintenance of the PROJECT. TERMS OP AGREEMENT 7. The PROJECT shall mean the features required to accomplish the benefits enumerated in paragraph 4 of this Agreement. Features of the PROJECT, as envisioned at the time of this Agreement, are represented in Exhibit A but are subject to change without amendment to this Agreement. 8. PROJECT DESIGN AND CONSTRUCTION COST shall mean the actual amount of money required to complete the flood control features of the PROJECT that are completed and invoiced by the TOWN to the DISTRICT between July 1, 2022 and June 30, 2024. 8.1 The following costs are expressly excluded from the PROJECT DESIGN AND CONSTRUCTION COST shared under this Agreement: 8.1.1 Costs associated with rights -of --way acquisition, permitting, construction management (nclud ng materials tes ng and survey work), opera t ons and maintenance. 8.1.2 Costs associated with multi -use, landscaping ox aesthetic features. 8.1.3 Costs associated with utility conflicts and utility relocations. 8.2 The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $95,000, but is subject to change without amendment to this Agreement. 9. The DISTRICT shall: 9.1 Fund seventy -Five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION COST incurred and invoiced between July 1, 2022 and June 3Q, 2024, with the funding from the DISTRICT limited to a maximum of $1,000,000 in accordance with the DISTRICT's Small Project Assistance Program. The DISTRICT's current estimated funding share is $71,250. DISTRICT funds will be from the DISTRICT's secondary tax levy revenues and DISTRICT funding shall be contingent upon the availability of DISTRICT Capital Improvement Program Budget funding. This term shall not be amended. 9.2 Reimburse the TOWN per the terms of this Agreement within thirty (30) days of receipt of an invoice from the TOWN fox its share of the PROJECT DESIGN AND CONSTRUCTION COST. RCD 2022A014 PCN 699.23.36 PAGE 2 OP 9 PROJECT -affiliated flooding hazards, and shall continue to make such disclosures through the duration of this Agreement. 14. In the case of any dispute over any items in this Agreement, the PROJECT PARTNERS agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters. However, this shall not limit the rights of the PROJECT PARTNERS to seek any remedies provided by law. 15. Each PROJECT PARTNER shall take reasonable and necessary actions within its authority 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 Protection Agency, Clean Water Act, Arizona Pollutant Discharge Elimination System or any other applicable discharge requirements, including any permit requirements. 16. The PROJECT PARTNERS agree to equally share the cost of a PROJECT compliance and cost audit to be initiated within sixty (60) days of PROJECT completion, if requested by either PROJECT PARTNER. An independent auditing firm on contract to the DISTRICT and agreeable to the PROJECT PARTNERS will perform the audit. Any payments or reimbursements necessary to bring the PROJECT into compliance with the audit findings shall be made within 45 days of acceptance by all PROJECT PARTNERS of the audit report. 17. Each PROJECT PARTNER (indemnitox) shall, to the extent permissible by law, indemnify, defend and save harmless the others (indemnitees) including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of indemnitor's negligent or wrongful acts or omissions pursuant to this Agreement. The TOWN shall further, to the extent permissible by law, indemnify, defend and save harmless the DISTRICT including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of recreational use of the PROJECT in the event that it elects to invite such use (with or without DISTRICT concurrence). Such indemnification obligations shall encompass any personal injury, death or property damages resulting from the indemnitor's negligent or wrongful acts or omissions, as well as reasonable attorney fees, court costs, and other expenses relating to the defense against claims or litigation, incurred by the indemnitee. Indemnitee shall be liable for its own negligence or wrongful acts as provided by law. 18. Each PROJECT PARTNER 18.1 Shall comply with A.R.S. §§ 41-4401 and 23-214(A). Failure by either PROJECT PARTNER to comply with A.R.S. §§ 41-4401 and 23-214(A) shall be deemed a breach of this Agreement and is subject to penalties up to and including termination of the Agreement. 18.2 Retains the legal right to inspect the records of the other PROJECT PARTNER's and any contractors' or subcontractors' employees performing work under this Agreement to verify compliance with A.R.S. §§ 41-4401 and 23-214(A). 19. All notices or demands upon any PROJECT PARTNER shall be in writing and shall be delivered in person, by express delivery service for which a receipt is obtained or sent by mail addressed as follows: IGA PCD 2022A014 PCN G99.23.36 PAGE 5 OP 9 Flood Control District of Mancopa County Town of Fountain Hills Director Town Engineer 2801 West Durango Street 16705 E. Ave. of the Fountains Phoenix, Arizona 85009-6399 Fountain Hills, AZ 85268 20. Tlus Agreement shall exp e ei he (a) two years from the date of execut on by all PROJECT PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding obligations and reimbursements associated with this Agreement, whichever is the first to occur. However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly stated in this Agreement. The operation and maintenance and indemnification provisions of this Agreement shall survive the expiration of this Agreement. 21. This Agreement is subject to the provisions of A.R.S. § 38-511 22. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form. 23. If legislation is enacted after the effective date of this Agreement that changes the relationship ox structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this Agreement shall be renegotiated at the written request of either PROJECT PARTNER. IGA RCD 2022A014 PCN 699.23.3b PAGE G OR 9 C-to9=i3-ozo-x -oo DocuSign Envelope ID: A0269Al2-9177-4424-98CC-998C8BOD589F FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: C000�siy�ea ny: �Lf(J�ALI�tlbN 11/1/2022 Michael A. Fulton Date Dixectox Approved and Accepted: By: PLXk/ &'L-- NOV 1 6 2022 Chairman, Board of Directors Date Attest: VA"NOWNER 1A AN 1 6 2022 oaJ Date The foregoing Intergovernmental Agreement FCD 2022A014 has been reviewed pux�uant to A.R.S. Section 11-9522 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 Maxicopa County under the laws of the State of Arizona. Coocusigoeapny: � f � 11/1/2022 exEaeotooe524o1... General Counsel Date IGA FCD 2022A014 PCN 699.23.36 PAGE 7 OF 9 TOWN OF FOUNTAIN HILLS A Municipal Corporation Approved and Accepted BI Fin GY6r bu keL/ 10/28/2022 0 Nc ce (D 28, 2 2209:13 PDT) Ginny Dickey, Mayor Date By: Attest: �w il2wse/a�s/e¢� 10/28/2022 Linda Mendenhall, Town Clerk Date The foregoing Intergovernmental Agreement FCD 2022A014 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Carefree under the laws of the State of Arizona. ��- 10/28/2022 Aaron Amson (Oct 28, 2022 08:52 PDT) Town Attorney Date IGA RCD 2022A014 PCN 699.23.36 PAGTi, 8 Exhibit A: Courtside villa -Deuce Ct. and Parcel P: Drainage Improvements Not to Scale Cou rtside Villa -Deuce Ct. and Parcel F: Drainage Improvements nJ A IGA PCD 2022A014 PCN 699.23.36 PAG); 9 OP 9 IGA2022AO1=CourtsIde Vllla®Deuce Ct Final Audit Report 2022-10-28 Created: 2022-10-25 By: Robert Durham (rdurham@founlainhilisaz.gov) Status: Signed Transaction ID: CBJCHBCAABAACIdHgtsTJh-Hq-HCgaVJh14f15axW-ru "IGA2022A01-Courtside Villa -Deuce Ct_" History 5 Document created by Robert Durham (rdurham@fountainhillsaz.gov) 2022-10-25 - 3:31:02 PM GMT- IP address: 184,178,192,162 24 Document emailed to Beata Bogdan (bbogdan@fountainhilisaz.gov) for approval 2022-10-25 - 3:34:28 PM GMT Email viewed by Beata Bogdan (bbogdan@fountainhillsaz.gov) 2022-10-25 - 3:34:39 PM GMT- IP address: 184.178.192.162 650 Document approved by Beata Bogdan (bbogdan@fountainhillsaz.gov) Approval Date: 2022-10-25 - 3:35:06 PM GMT - Time Source: server- IP address: 184,178,192.162 Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature 2022-10-25 - 3:35:07 PM GMT Email viewed by Aaron Arnson (aaron@piercecoleman.com) 2022-10-25 - 11:49:50 PM GMT- IP address: 104.28.111.174 Email viewed by Aaron Arnson (aaron@piercecoleman.com) 2022-10-28 - 3:51:54 PM GMT- IP address: 174.76.46.68 too Document e-signed by Aaron Arnson (aaron@piercecoleman.com) Signature Date: 2022-10-28 - 3:52:06 PM GMT - Time Source: server- IP address: 174.76.46.68 P4 Document emailed to gdickey@fountainhillsaz.gov for signature 2022-10-28 - 3:52:08 PM GMT Email viewed by gdickey@fountainhillsaz.gov 2022-10-28 - 4:12:48 PM GMT- IP address: 68.2.112,40 40 Signer gdickey@fountainhillsaz.gov entered name at signing as Ginny Dickey 2022-10-28 - 4:13:10 PM GMT- IP address: 68.2.112.40 Powered by ��.► Adobe Acrobat Sign &5p Document e-signed by Ginny Dickey (gdickey@fountainhillsaz.gov) Signature Date: 2022-10-28 - 4:13:12 PM GMT - Time Source: server- IP address: 68.2.112.40 04 Document emailed to Linda Mendenhall (Imendenhall@fountainhilisaz.gov) for signature 2022-10-28 - 4:13:13 PM GMT Email viewed by Linda Mendenhall (Imendenhall@fountainhillsaz.gov) 2022-10-28 - 4:18:59 PM GMT- IP address: 98.177.118.140 CSC Document e-signed by Linda Mendenhall (Imendenhall@fountainhilisaz.gov) Signature Date: 2022-10-28 - 4:19A3 PM GMT -Time Source: server- IP address: 98.177.118.140 Agreement completed. 2022-10-28 - 4:19:13 PM GMT F .., Powered by Adobe Acrobat Sign