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IGA FCD 2020A030B PCN 122.02.31 PAGE 1 OF 4 AMENDMENT NO. 2 TO INTERGOVERNMENTAL AGREEMENT IGA FCD 2020A030 Between THE CITY OF PHOENIX 153516--002 and the FLOOD CONTROL DISTRICT OF MARICOPA COUNTY for the DESIGN, RIGHTS-OF-WAY ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT, OPERATION AND MAINTENANCE of the PARADISE RIDGE DRAINAGE IMPROVEMENTS IGA FCD 2020A030B FCD Agenda Item This Amendment No. 2, also known as IGA 2020A030B (AMENDMENT No. 2), to IGA 2020A030, is entered into by and between the City of Phoenix, a municipal corporation, acting by and through its City Manager, hereinafter called the CITY, and the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors, hereinafter called the DISTRICT. The DISTRICT and the CITY may hereinafter individually be called a PROJECT PARTNER or collectively called the PROJECT PARTNERS. This AMENDMENT No. 2 shall become effective as of the date it has been executed by the PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) Section 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 CITY is empowered by A.R.S. Section 11-952(A), and the Phoenix City Charter, Chapter 2, Section 2, to enter into this Agreement, and by action of its City Council via Ordinance S-46461 passed on March 18, 2018, has authorized the undersigned to execute this Agreement on behalf of the CITY. PURPOSE OF THE AGREEMENT 3. Construction cost increases have caused an overall PROJECT COST increase. DISTRICT funding capabilities for the PROJECT, along with the DISTRICT’s sixty-five percent (65%) funding support IGA FCD 2020A030B PCN 122.02.31 PAGE 2 OF 4 necessary for the CITY’s twelve Go-Bonds projects already underway, necessitate the DISTRICT and the CITY to adjust the CITY funding schedule for the PROJECT. TERMS OF AGREEMENT 4. The CITY will fund up to $49,000,000 of the current PROJECT COST which exceeds their estimated $34,000,000 total PROJECT COST share. This CITY funding will occur as follows: 4.1 Upon awarding the construction contract the DISTRICT will invoice the CITY for $16,000,000. Within 30 calendar days of receipt, the CITY will pay the invoice issued by the DISTRICT. 4.2 The DISTRICT will invoice the CITY an estimated $16,000,000 within six months of Notice to Proceed. The CITY will pay the invoice to the DISTRICT within 30 calendar days of receipt. 4.3 The DISTRICT will track PROJECT COSTS as construction progresses and if after January 1, 2027, the DISTRICT has determined that additional funds are needed from the CITY, it will share these funding needs with the CITY and will invoice the CITY accordingly up to an additional $17,000,000. 5. Upon completion of construction, all construction related activities, the warranty period, and the acceptance of the LOMR a final PROJECT COST accounting will be made. 5.1 This accounting will compile all PROJECT COSTS including all design, LOMR, rights-of-way acquisitions, utility relocations, construction, and construction management costs. 6. In accordance with the original Agreement the final PROJECT COST is to be shared 50% DISTRICT and 50% CITY. 7. The difference between the total funding provided by the CITY in accordance with paragraphs 4.1, 4.2, and 4.3 above and the CITY’s 50% PROJECT COST share derived from the final PROJECT COST accounting will be reimbursed by the DISTRICT to the CITY. 7.1 This reimbursement by the DISTRICT to the CITY will be made as follows: 7.1.1 An initial reimbursement of up to $5,000,000 will be made after the final accounting of all PROJECT COSTS are made and not before FY30. 7.1.2 A final reimbursement of the total amount owed the CITY less the initial reimbursement as denoted in paragraph 7.1.1 above will be paid to the CITY in the following Fiscal Year. 8. Paragraph 19.9 is deleted in its entirety. As the lead agency, the DISTRICT is responsible for utility relocations required for the PROJECT as provided in Paragraph 18.8 and its subparagraphs. 9. Except as expressly amended, all other terms and conditions of IGA FCD 2020A030 and of Amendment IGA FCD 2020A030A shall remain in full force and effect. [Signatures on next page] IGA FCD 2020A030B PCN 122.02.31 PAGE 3 OF 4 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, A Political Subdivision of the State of Arizona Recommended by: Paul Baughman, P.E., CFM Date Chief Engineer & General Manager Approved and Accepted: By: Chair, Board of Directors Date Attest: By: Clerk of the Board Date Approved as to form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. Flood Control District General Counsel Date IGA FCD 2020A030B PCN 122.02.31 PAGE 4 OF 4 CITY OF PHOENIX A Municipal Corporation Approved and Accepted By: 02/19/2026 Eric Froberg, P.E. Date City Engineer Attest: 03/25/2026 By: City Clerk Date Approved as to form and within the power and authority granted to the City of Phoenix under the laws of the State of Arizona. SA SA City Attorney Date 03/24/2026