IGA AMD RE WALK N ROLLERS WITH ADOT.PDF
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ADOT File No.: IGA/ JPA.: 14-0004844-I Amendment No. One: 17-0006371-I AG Contract No.: P001 2014 004407 Project Location/Name: Maricopa County Walk-n-Rollers Program (SRTS) Type of Work: Purchase Educational Materials Federal-aid No.: MMA-0(257)F ADOT Project No.: SF043 01X/01D TIP/STIP No.: MAG 2015-2017/MMA15- 404 CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND MARICOPA COUNTY THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the “Amendment No. One”), entered into this date ____________________, pursuant to Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and Maricopa County, acting by and through its DEPARTMENT OF PUBLIC HEALTH and Board of Supervisors (the “County”). The County and State are collectively referred to as the “Parties.” WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 14-0004844-I, A.G. Contract No. P001 2014 004407, was executed on February 12, 2015, (the “Original Agreement”); WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment No. One and has delegated to the undersigned the authority to execute this Amendment No. One on behalf of the State; WHEREAS, the County is empowered by Arizona Revised Statutes § 11-251 to enter into this Amendment No. One and has by resolution, a copy of which is attached and made a part of, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the County; and NOW THEREFORE, in consideration of the mutual terms expressed herein, the purpose of this Amendment No. One is to extend the terms of the Agreement. The Parties desire to amend the Original Agreement, as follows: Page 2 IGA/ JPA 14-0004844-I Amendment No. One: 17-0006371-I I. RECITALS (No Changes) II. SCOPE OF WORK (No Changes) III. MISCELLANEOUS PROVISIONS Section III, Paragraph 1. is revised and Paragraph 18. is added, as follows: 1. This Agreement shall remain in full force and effect through September 30, 2018, this includes final reimbursement and submittal of final status reports. Any and all maintenance requirements for this Agreement shall be perpetual and shall be the responsibility of the County, unless assumed by another governmental agency, may be cancelled at any time prior to the award of a contract, upon 30 days written notice to the other party. It is understood and agreed that, in the event the County terminates this Agreement, the County will be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that should the County terminate this Agreement the State shall in no way be obligated to maintain said Project. 18. The Parties shall comply with the applicable requirements of Arizona Revised Statutes §35- 393.01. EXCEPT AS AMENDED, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. Page 3 IGA/ JPA 14-0004844-I Amendment No. One: 17-0006371-I THIS AMENDMENT NO. ONE shall become effective upon signing and dating of the Determination Letter by the State’s Attorney General. IN ACCORDANCE WITH Arizona Revised Statutes § 11-952 (D) attached and incorporated in this Amendment No. One is the written determination of each Party’s legal counsel that the Parties are authorized under the laws of this State to enter into this Amendment No. One and that the Amendment No. One is in proper form. IN WITNESS WHEREOF, the Parties have executed this Amendment No. One the day and year first above written. FOR AND ON BEHALF OF MARICOPA COUNTY STATE OF ARIZONA Department of Transportation By ______________________________ By ______________________________ DENNY BARNEY STEVE BOSCHEN, P.E. Chairman, Board of Supervisors Division Director ATTEST: By ______________________________ FRAN MCCARROLL Clerk of the Board of Supervisors ADOT File No.: IGA/ JPA 14-0004844-I Amendment No. One: 17-0006371-I ATTORNEY APPROVAL FORM FOR MARICOPA COUNTY I have reviewed the above referenced Amendment No. One to the Original Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the MARICOPA COUNTY, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Amendment No. One to be in proper form and within the powers and authority granted to the COUNTY under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Amendment No. One. DATED this __________________ day of __________________, 2017. ___________________________ NAQEEBA GROSS Deputy County Attorney