AMENDMENT 2-CAVE CREEK LANDFILL IGA FINAL 5-30-19.DOC

AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT
(AGREEMENT NO. 143720) BETWEEN MARICOPA COUNTY AND THE
CITY OF PHOENIX FOR INSTALLATION AND OPERATION OF AN
INJECTION WELL PROXIMATE TO THE MARICOPA COUNTY CAVE
CREEK LANDFILL, LOCATED AT 3955 EAST CAREFREE HIGHWAY
This Amendment No. 2 to Agreement No. 143720 (“Agreement”) is entered into by
Maricopa County, a political subdivision of the State of Arizona (“County”), and the
City of Phoenix, a municipal corporation of the State of Arizona (“City”). The County
and the City are collectively referred to as “Parties” or individually as “Party.”
Recitals
A. The Agreement (No. 143720), an Intergovernmental Agreement, was entered into
on October 6, 2016 to provide for construction of an injection well near the Maricopa
County Cave Creek Landfill. The injection well should create a hydraulic barrier to
prevent further down-gradient migration of a trichloroethylene (“TCE”) plume toward
the City’s water supply wellfield.
B. Amendment No. 1 to the Agreement was entered into on October 8, 2018 to
provide for construction of a perimeter wall around the injection well site.
C. On ___________, 2019, the Phoenix City Council approved this Amendment No.
2 to the Agreement (Ordinance No. __________).
D. The Parties mutually desire to enter into this Amendment No. 2 to the Agreement
(“Amendment”) to amend the Agreement to modify and supplement the responsibilities
of the Parties.
Amendment
1. The accuracy of the foregoing Recitals is acknowledged and the Recitals are
hereby incorporated into this Agreement.
2. Capitalized terms used in this Amendment without definition shall have the
meanings assigned to such terms in the Agreement, unless the context expressly
requires otherwise.
3. The Parties agree to amend and supplement § 7 (Responsibilities of the City) of
the Agreement by replacing ¶ 7.7 with the following:
7.7 The City will facilitate the County's installation and maintenance of
pipeline infrastructure for the Project on the City's right-of-way and all land-
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whether private or public-on which the City has easements. Although the
County will be responsible, at its sole cost and expense, for the installation
of the pipeline into the City’s right-of-way or easements (and pipeline
maintenance and operation until the remediation is completed and
approved by ADEQ), the City will own this pipeline infrastructure during
and after it is installed. The City will promptly review design plans and
submittals pertaining to the Project, providing comment to the County within 15
calendar days of the City's receipt.
4. Except as otherwise amended, all other terms and conditions of the Agreement and
any prior amendments not in conflict will remain in full force and effect. If there is
a conflict or ambiguity among amendments and the Agreement, the most recent
amendment will only prevail and control if clear and unambiguous; and if not, the
original Agreement will govern to the extent necessary to support the intent of the
Agreement.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the Parties have executed this Amendment on the date
last written below.
MARICOPA COUNTY CITY OF PHOENIX
Recommended by:
________________________________
Director, Risk Management Date
Approved and Accepted by: Approved and Accepted by:
________________________________________ ________________________________
Bill Gates, Chairman Date Kathryn Sorenson., P.E. Date
Board of Supervisors Water Services Director
Attest by: Attest by:
________________________________ ________________________________
Fran McCarroll Date City Clerk Date
Clerk of the Board
APPROVAL OF DEPUTY COUNTY ATTORNEY
AND ATTORNEY FOR THE CITY OF PHOENIX
I hereby state that I have reviewed this Amendment No. 2 to
Intergovernmental Agreement and declare the Amendment to be in proper form and
within the powers and authority granted to the Parties by their respective governing
bodies under the laws of the State of Arizona.
________________________________ ________________________________
Deputy County Attorney Date Acting City Attorney Date
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