2020A010B - 2084_RES2023.18.AMENDMENT_TWO_IGA_W_FCDMC - SIGNED.PDF

Maricopa County — Formal (2023-06-28)

Extracted text (via ocr_local) 9141 characters

DocuSign Envetope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

AMENDMENT NO. 2
to
Intergovernmental Agreement 2020A010
for the

Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction
Management and Operation and Maintenance
of the

Golden Eagle Park Dam-Debris Mitigation Improvement Project
between the
Town of Fountain Hills
and the

Flood Control District of Maricopa County
IGA FCD 2020A010B

Agenda Item

This Amendment No. 2, also known as Intergovernmental Agreement (IGA) FCD2020A010B
(AMENDMENT 2) IGA FCD 2020A010 is entered into by and between the Flood Control District
of Maticopa 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 AMENDMENT 2 shall become effective as of the date it has been executed by all PROJECT
PARTNERS.

STATUTORY AUTHORIZATION

i. 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), as amended, to enter into this Agreement and
has authorized the undetsigned to execute this Agreement on behalf of the TOWN.

BACKGROUND

3. On October 19, 2022 the Board of Directors of the DISTRICT (the Board) adopted Resolution
FCD 2022R003 (C-69-23-009-X-00) authorizing the DISTRICT to cost-share in projects
recommended under the DISTRICT’s Small Project Assistance Program.

4, On July 22, 2020, the Board approved IGA FCD 2020A010 (C-69-21-000-X-00) authorizing the
DISTRICT and the TOWN to cost-share in the Golden Eagle Park Dam-Debris Mitigation
Improvement Project (PROJECT).

IGA FCD 2020A010B PCN 699.21.31 PAGE 1 OF 5

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10.

On June 8, 2022, the Board approved IGA FCD 2020A010A (C-69-21-000-X-01)
(AMENDMENT 1) to extend the completion date from June 30, 2022 to June 30, 2023.

Due to an additional delay in Project design, the TOWN has requested and the DISTRICT has
agreed to extend the completion date from June 30, 2023 to June 30, 2024.

PURPOSE OF THE AGREEMENT

The purpose of this Amendment is to extend the PROJECT construction and funding from
June 30, 2023 to June 30, 2024.

TERMS OF AMENDMENT

The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $121,000 but is
subject to change without amendment to this Agreement.

The DISTRICT shall:

9.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION
COST incurred and invoiced between July 1, 2021 and June 30, 2024, with the funding
from the DISTRICT limited to a maximum of $500,000 in accordance with the
DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated
funding share is $90,750.

The TOWN shall:

10.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed
by the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND
CONSTRUCTION COST share $30,250; and TOWN will fully fund all PROJECT
costs for any work completed and invoiced before July 1, 2021 or after June 30, 2024.

10.2 Invoice the DISTRICT as follows:

10.2.1 After the construction contractor has mobilized and then started construction
activities, the TOWN may invoice the DISTRICT for one-half (1/2) of its share
of the PROJECT DESIGN AND CONSTRUCTION COST.

10,2.2 Within thirty (30) days of completion of construction of the PROJECT, but no
later than June 30, 2024, prepare a final accounting including change order costs
not previously paid, and invoice the DISTRICT for the remainder of its share of
the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to
date.

This Amendment shall expire either (a) one year from the date of execution 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 expization of
this Agreement.

IGA FCD 2020A010B PCN 699.21.31 PAGE 2 OF 5

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12.

13.

14.

15.

16.

11.1 Any contractor selected for the PROJECT pursuant to IGA 2020A010, AMENDMENT 1
ot this AMENDMENT shall be required to:

11.2 Warrant its compliance with all federal immigration laws and regulations that relate to its
employees and theit compliance with A.R.S. § 23-214(A).

11.3 Warrant and certify that it does not currently, and agrees for the duration of the contract
that it will not, use:

The forced labor of ethnic Uyghurs in the People's Republic of China.

Any goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China

Any conttactots, subcontractors or suppliers that use the forced labor or any goods or
setvices produced by the forced labor of ethnic Uyghuts in the People’s Republic of
China.

If the TOWN becomes aware during the tetm of the Agreement that any Contractor is
not in compliance with this paragraph, the TOWN shall notify the DISTRICT within five
business days after becoming aware of the noncompliance. Failure of TOWN to provide a
written certification that the appropriate contractor has remedied the noncompliance
within one hundred eighty (180) days after notifying the public entity of its
noncompliance, this Agreement shall terminate unless the Term of this Agreement shall
end prior to said one hundted eighty (180) day period.

On an annual basis, commencing on the first anniversary date of the completion and acceptance
of the project, provide written notification to the DISTRICT that the project has been properly
maintained by the Town of Fountain Hills over the past year in accordance with the project
design intent and to ensure proper hydraulic function.

This AMENDMENT 2 governs where terms conflict with the original IGA FCD 2020A010,
and the AMENDMENT 1. However, the original IGA FCD 2020A010 and the
AMENDMENT 1 are applicable unless specifically changed by this AMENDMENT 2. The
paragraph numbering in this AMENDMENT 2 is coincidental and is not intended to indicate
that these same numbered paragraphs in the original IGA FCD 2020A010 or the
AMENDMENT 1 are being replaced in their entiety.

Nothing in this AMENDMENT 2 (either express or implied) is intended to confer upon anyone
other than the parties herein and their respective representatives, successors, and permitted
assigns any rights or remedies under or because of this AMENDMENT, not is anything in this
AMENDMENT intended to relieve or discharge the liability of either party hereto.

Attached to this AMENDMENT 2 or contained herein ate 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.

If legislation is enacted after the effective date of this AMENDMENT 2 that changes the
relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS
agree that this AMENDMENT 2 shall be renegotiated at the written request of either PROJECT
PARTNER.

IGA FCD 2020A010B PCN 699.21.31 PAGE 3 OF 5

DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona

Recommended by:

DocuSigned by:

Gus Martiney

AB41D5AFIF8BSF7,.. 6/7/2023
Michael A. Fulton Date
Director

Approved and Accepted:

By:
Chairman, Boatd of Directors
Date
Attest:
By:
Clerk of the Board
Date

The foregoing Amendment No. 2 FCD 2020A010B has been reviewed pursuant to A.R.S. Section
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.

DocuSigned by:

Waynr Puk

C9463D0DE44C4E5.., 6/7/2023

General Counsel Date

IGA FCD 2020A010B PCN 699.2131 PAGE 4 OF 5

DocuSign Envelope ID: 3F7AA65B-6916-4F25-ABBD-357FC3F3271C

TOWN OF FOUNTAIN HILLS
A Municipal Corporation

Approved and Accepted By:

Guumy bickey
Ginny Dickey (May 18, 3623 10:21 PDT) 05/18/2023
Town Mayor Date

Attest:

Linda Wandenhall 05/18/2023
Town Clerk Date

By:

Maren Citden 05/18/2023
Aaron Arason (May 18, 2023 08:41 PDT)
Town Attorney Date

IGA FCD 2020A010B PCN 699,.21.31 PAGE 5 OF 5