Amendment 1 IGA Library
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G-30157
Amendment No. 1
C-65-18-034-M-01
FIRST AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT
FOR THE USE OF REAL PROPERTY
BY AND BETWEEN
THE MARICOPA COUNTY LIBRARY DISTRICT
AND
CITY OF EL MIRAGE
Maricopa County #C-65-18-034-M-01
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This FIRST AMENDMENT ("Amendment") to the Intergovernmental Agreement (“IGA”) is entered into
by and between The MARICOPA COUNTY LIBRARY DISTRICT, a political subdivision of the State of
Arizona ("Library District") and the CITY OF EL MIRAGE, ARIZONA, an Arizona municipal corporation
(“El Mirage” or “City”). The Library District and El Mirage may be referred to herein collectively as
“Parties” or individually as a “Party”.
RECITALS
WHEREAS, the City and the Library District entered into an IGA outlining the terms and
conditions for the use of real property located at 14011 N. 1st Avenue, El Mirage Arizona known as the El
Mirage Library executed on June 27, 2018; and,
WHEREAS, the Term of the IGA expires on June 26, 2023; and
WHEREAS, the City and the Library District have mutually determined that the existing El Mirage
Library is no longer a suitable size for a public library; and,
WHEREAS, the City owns real property located at 13513 N. El Mirage Rd., El Mirage, Arizona
(“Property”) as shown Exhibit A, attached hereto and made a part hereof, known as the old Fire Station
building; and
WHEREAS, the City has deemed that the Fire Station building is suitable for an adaptive reuse
project (“Project”) to be used as the new El Mirage Library site; and,
WHEREAS, the City has entered into a contract with a consultant firm to provide professional
design services and construction documents for the new library site; and,
WHEREAS, the Parties mutually agree to move the current El Mirage Library to a portion of the
Property consisting of approximately 6,140 square feet (“Premises” or “New El Mirage Library”) as shown
on Exhibit B, attached hereto and made a part hereof; and
WHEREAS, the Library District expressed the need for a dedicated room for community
programming (“Programming Room”) and requested the Programming Room to be included in the Project's
scope of work; and,
WHEREAS, the Library District is willing to reimburse the City the additional design and
construction costs for the Programming Room; and,
WHEREAS, the City and the Library District desire enter into this Amendment to amend the IGA
to: (1) extend the term of the IGA for an additional five (5) years; (2) establish Reimbursement Amounts
as hereinafter defined and terms for the Programming Room construction work the City shall perform at
the Premises; (3) delete and replace the Exhibits “A” and “B” of the IGA with Exhibit “A” and “B” in this
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Amendment; (4) add an Exhibit C to the IGA; and (4) delete and replace Section 4 Parking in the IGA; and
(5) update the notice address for Library District.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein
and other good and valuable consideration, the sufficiency and adequacy of which is hereby acknowledged,
the Parties, hereby agree as follows:
1. The Recitals, by this reference, are hereby incorporated in this Amendment.
2. Capitalized terms used in this Amendment without definition shall have the meanings assigned
to such terms in the IGA, unless the context expressly requires otherwise.
3. The term of the IGA is hereby renewed for period of five (5) additional years commencing
June 27, 2023 and expiring on June 26, 2028, unless terminated earlier as provided for in the
IGA. This IGA, as amended, is subject to termination pursuant to A.R.S. §38-511, the
provisions of which are incorporated herein by this reference. This IGA may be terminated by
either Party at the end of any fiscal year due to non-appropriation of funds without any penalty
or liability to the other Party. County and state fiscal year end is June 30, and federal fiscal year
end is September 30.
4. The City, at its sole cost and expense, shall be responsible for permitting, if required,
procurement, construction and project management of the work associated with the Project as
depicted in Exhibit "C", attached hereto and incorporated herein, including the design and
construction of the Programming Room requested by Library District, in order to deliver to
Library District the Premises Substantially Completed (see Substantially Completed below) as
a turn-key space on or before December 31, 2022.
a. As City is not a licensed contractor, City shall retain an appropriately licensed
contractor (“Contractor”) to complete the Project. City shall pay the Contractor
directly for the Project and administer said contract in accordance with City’s standard
procedures and prudent project management.
b. The Project work as depicted on the plan sheet (Exhibit C) is at 60%. Should the Project
work require a change, Library District shall have the right to review and approve any
such changes.
c. All Project construction shall be performed in a good and workmanlike manner in full
compliance with all applicable federal, state and local rules, regulations, codes and
ordinances including, but not limited to, health, building, zoning, fire and safety codes,
all applicable environmental statutes, regulations and ordinances, the Americans with
Disabilities Act of 1990, A.R.S. §§ 9-499.02, 41-1492 through 41-1492.11, the
Architectural Barriers Act of 1968, and the Uniform Federal Accessibility Act of 1983.
The City shall also ensure that all activities (operations and/or construction) are in
compliance with all applicable federal, state and local air quality and environmental
laws, regulations or policies.
d. All construction materials shall be new and shall be subject to industry standard
warranties. Upon completion of the Project, City shall obtain final building inspections
and approvals if required and a certification from its Contractor that all such work was
constructed in substantial conformity with the applicable plans and specifications if
required. Notwithstanding the foregoing, City shall remedy, at no expense to Library
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District, those building code violations or other violations of applicable law (if any)
resulting from City’s failure to initially construct the Project in accordance with
applicable building codes and other applicable laws in effect at the time of permit
issuance of which violations City receives a written violation notice from Library
District or any governmental authority.
e. Prior to the commencement of the Project, City shall ensure Contractor has purchased,
and maintains throughout construction, all standard insurance coverage at levels
standard in the industry from a company or companies duly licensed by the State of
Arizona and require any subcontractors to maintain equivalent insurance based in their
trade and participation in the work.
f. The term “Substantially Completed” or any grammatical variation thereof, when used
in this Amendment, shall mean: 1) the construction of the Project has been completed,
except for Punch List Items, as hereinafter defined, 2) a Certificate of
Occupancy/Completion and/or Fire Marshal and any other jurisdictional agency’s
required sign-off for Library District to occupy the Premises has been obtained, and 3)
notice has been delivered to Library District that the Premises is ready for Library
District’s use and/or installation of Library District’s furniture and fixtures with the
exception of Punch List Items which can be fully completed subsequent to the date the
jurisdictional authority completes its final inspection.
g. Within ten (10) business days after notice of Substantial Completion of the Project,
Library District shall supply to City a written list of items that constitute minor defects
or adjustments which can be completed after Substantial Completion of the Project
without causing any material interference with Library District’s use of the Premises
(“Punch List Items”), setting forth all corrective work to the Project which Library
District reasonably believes is/are required to be performed. City shall perform all
such corrective work to the extent necessary and complete the Punch List Items within
thirty (30) calendar days from receipt of the written list. If Library District does not
provide a written Punch List within such ten (10) business day period, Library District
shall be deemed to have accepted the Project in its entirety.
h. Library District hereby designates Lena Sherman who can be reached at
LenaBeecherSherman@mcldaz.org or by phone at 602.652.3033, as its representative
and agent for the purpose of receiving notices, reviewing submittals and issuing
requests for changes to the proposed Project and for Library District’s review of the
installed Project. The City hereby designates Jorge Gastelum, who can be reached at
jgastelum@elmirageaz.gov or by phone at 623.876.2976, as its representative and
agent for the purpose of receiving notices, reviewing submittals and requests for
changes to the proposed Project.
5. If City, for any reason whatsoever, cannot deliver possession of the Substantially Completed
Premises to Library District by December 31, 2022, this Amendment shall be voidable, at
Library District’s sole option, and the Library District shall remain at the current location and
shall not be responsible for any costs associated with this Amendment, including costs relating
to the Programming Room as described in Section 6 of this Amendment.
6. The Library District agrees to reimburse the City, or its Contractor or consultant firm upon
City’s written instruction, for the cost of the following items as it relates to the Programming
Room additional work (collectively, “Reimbursement Amounts” or individually as a
“Reimbursement Amount”):
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a. The professional fees for design services and construction documents in an amount not
to exceed Thirty Thousand, Six Hundred Ten Dollars ($30,610.00).
b. The construction costs in an amount not to exceed Three Hundred Fifty Thousand
Dollars ($350,000.00) plus any permitted contingency amounts. "Permitted
Contingency Amounts" would be additional amounts payable to the City or its
Contractor for net change orders or other unforeseeable costs that have been previously
approved in writing by both the City and the Library District, each in its sole discretion;
provided that Permitted Contingency Amounts shall not exceed a maximum total of
ten percent (10%) of the construction cost.
7. All Reimbursement Amounts will be due and payable by the Library District to the City after
Substantial Completion the New El Mirage Library and within thirty (30) days of the Library
District's receipt of an itemized invoice certifying the final cost which must be approved by the
Library District.
8. In the event of early termination as provided for in the IGA, the City agrees to reimburse
Library District for the Reimbursement Amounts equal to the number of months remaining in
the current term as of the termination date multiplied by 1/84th of the invoiced cost for the
Programming Room.
9. Exhibits “A” and “B” of the IGA, are hereby deleted and replaced with Exhibits “A” and “B”
in this Amendment. All references to Premises in the IGA will now mean the New El Mirage
Library located at 13513 N. El Mirage Rd., El Mirage, Arizona, consisting of approximately
6,140 square feet.
10. Section 4 of the IGA shall be deleted in its entirety and replaced with the following:
Parking. Library District, its employees, agents, consultants, and invitees, without
charge or fee to Library District, shall have the exclusive right to use up to five (5)
reserved parking spaces associated with the Premises and shall have use on a first come
first serve basis, of any other parking spaces within the Property at no additional cost
to Library District.
11. The notice address for the Library District in Section 13 of the IGA shall be changed to the
following:
To Library District:
With a copy to:
Maricopa County Library District
Maricopa County Real Estate
Department
Administration Office
Attn: Director
Attention: Director
2801 W. Durango Street
9330 E. Riggs Rd.
Phoenix, Arizona 85009
Sun Lakes, Arizona 85248
12. Except as specifically modified herein, all of the remaining terms and conditions of said IGA
shall remain and continue in full force and effect.
[Signature page follows]
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Amendment No. 1
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IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date last
written below.
City of El Mirage
Maricopa County Library District
______________________________________
_______________________________________
By: Alexis Hermosillo
Date
Jack Sellers, Chairman of the Board of Directors
Its: Mayor
ATTEST:
ATTEST:
_____________________________________
______________________________________
By: Sharon Antes
Date
Clerk of the Board
Date
Its: City Clerk
This First Amendment has been reviewed by the undersigned Attorney for the City and the District who
have determined that it is proper in form and is within the power and authority granted under the laws of
the State of Arizona.
____________________________________
______________________________________
Justin Pierce, City Attorney Date
Deputy County Counsel
Date
Exhibit “A”
Property
13513 N. El Mirage Rd., El Mirage, Arizona
Exhibit “B”
Premises
Exhibit “C”
60% Floor Plan with Programming Room