FIRST AMENDMENT TO IGA AMONG MARICOPA COUNTY COUNTY TREAS SHCD.PDF

FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
BY AND AMONG
MARICOPA COUNTY,
MARICOPA COUNTY TREASURER,
AND
MARICOPA COUNTY SPECIAL HEALTH CARE DISTRICT
This FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BY
AND AMONG Maricopa County, Maricopa County Treasurer, and Marieopa County Special
Health Care District ("Amendment No 1") is made and .entered into as of , 201_ by
and between the Maricopa County Special Health , 'Care District, a tax-levying public
improvement district of the State of Arizona ("District"); and Maricopa County, a political
subdivision of the State of Arizona ("County"), and the Maiicopa County Treasurer ("County
Treasurer"), (the "Parties")
A. The. . District . . and : - the Couiity entered into , a certain Intergovernmental
Agreement dated Novenib4r..1, 2004 ..,- for the purpose of transferring the County's Health System
to the District pursuant to A . .R.S.,§.:485591.. :et. seci.: .:40 recorded November 2, 2004 as document
No 200LW . ..:. 28868 ..of the publie .-. itoords : of Maricopa : . . . . County, Arizona, amended and restated on
December ::15, 2004,' -and . . recorded , .. October 13, 2006 as document No. 2006-1356125
(collectiVely, : the "2004 ICA"); and .
B. The District and the County entered into an Intergovernmental Agreement
dated as of March 10, 2008, designated C49.08.032.M.0 for to clarify the role of the County
Treasurer as the District's Treasurer (collectively, the "2008 IGA"); and,
C. The District, the County, and the County Treasurer entered into a certain
Intergovernmental Agreement effective July 1, 2013, (the "2013 IGA") to document the transfer
of all District funds from the County Treasurer to the District, and the transition of treasurer
responsibilities to a treasurer other than the County Treasurer, Collectively the 2004 IGA, the
2008 IGA, and the 2013 IGA which shall be referred to as the "Prior IGAs"; and,
D. The County Treasurer is authorized to execute this Amendment No. 1 to the Prior
1GAs pursuant to A.R.S. § 11-952 and 11-491, 11-492, and 11-493 in the County Treasurer's
capacity to take possession and provide safekeeping of public monies that come into the County
Treasurer's possession; and,
I of 4

E. The District is authorized to execute this Amendment No. 1 to the Prior
IGAs pursuant to A.R.S. § 11-952; and
F. The County is authorized to execute this Amendment No. 1 to the Prior
MA's pursuant to A.R.S. §§11-201 and 11-952; and
G. The District, the County, and the County Treasurer now mutually desire to
amend the Prior IGAs.
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual
promises contained herein, the Parties agree as follows:
Term.
The Prior IGAs are terminated upon the execution and deliverY of this Amendment No. 1,
except that all indemnification and hold harmless terms, covenants, and conditions shall
survive as to events occurring before the termination of the Prior IGA's. All remedies
necessary to enforce the indemnification and .hold harthless provisions shall be retained,
and are not waived. The County and the Count); Treasurer do not waive any rights they
may have with respect to public..., Monies in the possession of the District that are not
transferred to the County Treasurer by the effective date of House Bill 2308, Arizona
Fifty-Second Legislature, Second Regular Session.
2. Effective Date.
The effective date ; athis Amendm en t Nii: is the latter date of execution by the County
or the. District.
3. Notification of Maricopa County Treasurer.
The.::County shall provide writtCn, notice to the Maricopa County Treasurer of this
Amendment No 1 and the .resulting.termination of the Prior IGAs.
4. Potential Conflict of Interest and Waiver
The County and County Treasurer, are Parties to this Amendment No.1 and
acknowledge that they are aware that the Civil Services Division of the Maricopa County
Attorney's Office (Civil Division) may be chosen as the attorney for the County or the
County Treasurer as parties to the Amendment No. 1, and that the County and County
Treasurer by this Amendment No. 1 acknowledge that they are aware of a potential
conflict of interest, and that they waive any claim of conflict of interest, which may arise
by virtue of Civil Division's representation of the County or the County Treasurer..
6. This Amendment No. 1 is subject to the provisions of A.R.S. § 38-511.
2 of 4

7. Any terms of the Prior IGAs not amended hereby remain in full force and effect as
approved and amended.
IN WITNESS WHEREOF, the parties have executed this Amendment #1 on the dates indicated
below.
MARICOPA COUNTY, a political
Subdivision of the State of Arizona
By:
, Chair
Maricopa County Board of Supervisors
Date:
ATTEST:
By:
Clerk of the Board
In accordance with A; R. S . §§1 I -201 and 11- .952 this Agreement has been reviewed by the
undersigned attorney .Who has determined that this Agreement is in proper form and within the
powers and authority granted to Maricopa Count) under the laws of the State of Arizona.
By:
MARICOPA COUNTY SPECIAL HEALTH - CARE DISTRICT,
a tax-levying speeiai improvement . district of the State of Arizona
By:
Chair, Maricopa County Special Health Care District
Date:
ATTEST:
By:
Clerk of the Board
3 of 4

In accordance with A.R.S.§11-952 this Agreement has been reviewed by the undersigned
attorney who has determined that this Agreement is in proper form and within the powers and
authority granted to the Board of Directors under the laws of the State of Arizona.
By:
District Counsel
In accordance with A.R.S.§§11-952 and .1 -491, 1 .1-492, and 11'7493 this Agreement has been
reviewed by the undersigned attorney who has detertnined that this -Agreement is in proper form
and within the powers and authority granted' to the:Maricopa County Treasurer under the laws of
the State of Arizona.
By:
4 of 4