IGA AMENDMENT RE SAFE ROUTES TO SCHOOL WITH ADOT.PDF
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ADOT File No.: 1GA/ JPA 10-1941 ADOT CAR No.: 13-0000706-1 Amendment No. One : 13-0003939-1 AG Contract No: P0012010003632 Project: Safe Routes to Schools Section: Various Locations Federal-aid No.: ADOT Project No.: PSRTS43P T1P/STIP No.: (FY2010-2014) CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH THIS AMENDMENT NO ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No, One"), entered into this date , 2014, 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 the MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH acting by and through its BOARD OF SUPERVISORS and CHAIRMAN (the "MCDOPH"). The MCDOPH and State are collectively referred to as the "Parties." WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 10-1941, A.G. Contract No. P0012010003632, was executed on January 7, 2011, (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 MCDOPH is empowered by Arizona Revised Statutes § 11-251 to enter into this Amendment No.One. MCDOPH has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No. One and has authorized the undersigned to execute this Amendment No. One on behalf of the MCDOPH; and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. One is to extend the date for one (1) more year. The Parties desire to amend the Original Agreement, as follows: Page 2 ADOT File No.: IGA/ JPA 10-1941 CAR No.:13-0000706-1 Amendment No. One :13 - 0003939 -1 III. MISCELLANEOUS PROVISIONS Section Ill, Paragraph(s) ... is/are added/revised, as follows: 1. This Agreement shall remain in force and effect for forty-eight (48) months from the date of execution, to also include final reimbursement and submittal of final status reports, provided however, that this Agreement, except any provision herein for maintenance, which shall be perpetual, unless assumed by another governmental agency, may be cancelled at any time prior to the award of a contract, upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the MCDOPH terminates this Agreement, the State shall in no way be obligated to maintain said Project. EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect. 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 (0) attached hereto and incorporated herein is the written determination of each party's legal counsel and 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. MARICOPA COUNTY DEPARTMENT STATE OF ARIZONA OF PUBLIC HEALTH Department of Transportation By By DALLAS HAMMIT, P.E. Chairman of Board of Supervisors Deputy State Engineer, Development ATTEST: By Clerk of the Board ADOT File No: IGA/ JPA 10-194-i CAR No.13-0000706-1 Amendment No One : 13- 0003939-1 ATTORNEY APPROVAL FORM FOR THE MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH 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 DEPARTMENT OF PUBLIC HEALTH, 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 MCDOPH 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 , 2014 MCDOPH Attorney