2021A005A- SWC IGA- 5-16-22.PDF

FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY
AND THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY FOR
Sun City West Area Channel Crossings Project

(District C-69-21-072-X-01, IGA FCD No. 2021A005
County C-64-21-175-X-01)

This First Amendment to the Intergovernmental Agreement (Agreement) for Sun City
West Area Channel Crossings Project is entered into by and between the Flood Control
District of Maricopa County, a political subdivision of the State of Arizona (District), and
Maricopa County, a political subdivision of the State of Arizona (County). The District and
the County are collectively referred to as the Parties or individually as a Party.

STATUTORY AUTHORIZATION

1. A.R.S. Section 48-3603 et. seq. authorize the District to construct, operate and
maintain flood control structures and facilities and to enter into this Agreement.

2. A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorize the County to lay
out, maintain, control and manage public roads within the County.

3. A.R.S. Section 11-951 ef seq. authorize public agencies to enter into
Intergovernmental Agreements for the provision of services or for joint or
cooperative action.

BACKGROUND

4. The Parties previously entered into an Agreement (District C-69-21-072-X-00/
County C-64-21-175-X-00), recorded at Maricopa County Recorder No.
20210316297 (Agreement) for repairs and improvements to the Channels of Sun
City and Sun City West (Project). The Agreement was effective on March 10,
2021, the date it was approved by the Flood Control District Board of Directors and
the Maricopa County Board of Supervisors.

5. The Agreement identified the financial responsibilities of the District and County
for the Project.

DocuSign Envelope ID: 896F87C1-2A3B-4E7C-9F47-85BC9DB1B547

10.

11.

12.

13,

14.

15.

The original Engineer's Estimate to construct the Project was $2,000,000. Each
Party agreed to contribute $1 million towards the cost of the Project.

The Parties agreed that the District would contribute the $2 million in advance, and
the County would reimburse the District $1 million once complete.

Based on the bid results, the current estimated construction cost is $6,038,000,
including a 5% contingency for change orders.

Through this First Amendment, the Parties desire to amend the Agreement due to
increased costs to construct the improvements.

The County will not reimburse the District for the $1,000,000 paid towards the

Project but apply the $2 million towards the District's estimated cost-share.
AGREEMENT

The County shall:

11.1 Be responsible for 60% or $3,622,800 of the total construction cost currently
estimated at $6,038,000.

11.2 Upon Notice to Proceed for Construction, the County shall invoice the
District for the balance of the total construction cost, currently estimated at
$415,200.

11.3 Upon construction completion, the County will reimburse the District if the
actual construction cost is less than the current construction estimate or
invoice the District if the actual construction cost is over the current
construction estimate.

The District shall:

12.1 Beresponsible for 40% or $2,415,200 of the total construction cost currently
estimated at $6,038,000.

12.2 Pay any invoices received within 30 days.
All other conditions of the 2021 Agreement shall remain in full force and effect.

This First Amendment shall become effective as of the date it is approved by the
Maricopa County Board of Supervisors and the District Board of Directors.

This First Amendment is subject to cancelation pursuant to A.R.S. Sec. 38-511.

DocuSign Envelope ID: 896F87C1-2A3B-4E7C-9F47-85BC9DB1B547

16.

The District and County have chosen attorneys employed by the Civil Services
Division of the Maricopa County Attorney’s Office (“Civil Services Division”) to act
as their attorney to review this First Amendment. By their signature below, each
Party acknowledges that it is aware that the Civil Services Division will represent
these two parties to this First Amendment. Each Party expressly waives any
conflict created thereby.

End of Agreement - Signature Pages Follow

DocuSign Envelope ID: 896F87C 1-2A3B-4E7C-9F47-85BC9DB1B547

IN WITNESS WHEREOF, the Parties have executed this Agreement.

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY Recommended

by:
BocuSigned by:
Midal Fulton 5/13/2022
61D710C47EBB48C.,.
Michael A. Fulton Date
Director

Approved and Accepted by:

Chairman Date
Board of Directors Attest

by:

Clerk of the Board Date

APPROVAL OF GENERAL COUNSEL

The foregoing First Amendment to FCD 2021A005 has been reviewed pursuant to A.R.S.
48-3603, as amended, by the undersigned General Counsel, who has determined that it
is in proper form and within the powers and authority granted to the Flood Control District
of Maricopa County under the laws of the State of Arizona.

DocuSlgned by:

Waywr Puck 5/13/2022

B2E0BD 100852404...

Flood Control District General Counsel Date

DocuSign Envelope ID: 806F87C1-2A3B-4E7C-9F47-85BC9DB1B547

IN WITNESS WHEREOF, the Parties have executed this Agreement.

MARICOPA COUNTY Recommended

by:
DocuSigned by:

Junnifr Toll 5/22/2022

Jennifer Toth, P.E. Date
Transportation Director

Approved and Accepted by:

Chairman Date
Board of Supervisors

Attest by:

Clerk of the Board Date

APPROVAL. OF DEPUTY COUNTY ATTORNEY

The foregoing Agreement has been reviewed pursuant to A.R.S. 11-952, as amended, by
the undersigned Deputy County Attorney, who has determined that it is in proper form
and within the powers and authority granted to the County by the Board of Supervisors
under the laws of the State of Arizona.

DocuSigned by:
Wau Puce 5/12/2022
Deputy County Attorney Date