IGA_AMENDMENT_-_GOLDEN_EAGLE_-_SIGNED.PDF
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IGA FCD 2020A010A PCN 699.21.31 PAGE 1 OF 5 AMENDMENT NO. 1 to Intergovernmental Agreement 2020A010 for the Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the Golden Eagle Park Dam-Debris Mitigation Improvement Project between the Town of Fountain Hills and the Flood Control District of Maricopa County IGA FCD 2020A010A Agenda Item _________ This Amendment No. 1, also known as Intergovernmental Agreement (IGA) FCD2020A010A to IGA FCD 2020A010 is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the “DISTRICT”), and the Town of Fountain Hills, a municipal corporation, acting by and through its Mayor and Town Council, (the “TOWN”). The TOWN and the DISTRICT are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This Amendment shall become effective as of the date it has been executed by all PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) § 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 TOWN is empowered by A.R.S. § 9-240(B), as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the TOWN. BACKGROUND 3. On July 31, 2019 the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD 2009R003C (C-69-09-062-6-03) authorizing the DISTRICT to cost-share in projects recommended under the DISTRICT’s Small Project Assistance Program. DocuSign Envelope ID: 28B6209E-074B-49DB-9193-07D6A43AEBB2 IGA FCD 2020A010A PCN 699.21.31 PAGE 2 OF 5 4. On July 22, 2020, the Board approved IGA FCD 2020A010 authorizing the DISTRICT and the TOWN to cost-share in the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT). 5. Due to a delay in Project design, the TOWN has requested and the DISTRICT has agreed to extend the completion date from June 30, 2022 to June 30, 2023. PURPOSE OF THE AGREEMENT 6. The purpose of this Amendment is to extend the PROJECT construction and funding from June 30, 2022 to June 30, 2023. TERMS OF AGREEMENT 7. The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $121.000 but is subject to change without amendment to this Agreement. 8. The DISTRICT shall: 8.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION COST incurred and invoiced between July 1, 2021 and June 30, 2023, with the funding from the DISTRICT limited to a maximum of $500,000 in accordance with the DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated funding share is $90,750. 9. The TOWN shall: 9.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed by the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND CONSTRUCTION COST share $30,250; and TOWN will fully fund all PROJECT costs for any work completed and invoiced before July 1, 2021 or after June 30, 2023. 9.2 Invoice the DISTRICT as follows: 9.2.1 After the construction contractor has mobilized and then started construction activities, the TOWN may invoice the DISTRICT for one-half (1/2) of its share of the PROJECT DESIGN AND CONSTRUCTION COST. 9.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no later than June 30, 2023, prepare a final accounting including change order costs not previously paid, and invoice the DISTRICT for the remainder of its share of the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date. 10. This Amendment IGA 2020A010A governs where terms conflict with the original IGA FCD 2020A010. However, the original IGA FCD 2020A010 is applicable unless specifically changed by this Amendment. The paragraph numbering in this Amendment is coincidental and is not intended to indicate that these same numbered paragraphs in the original IGA FCD 2020A010 are being replaced in their entirety. DocuSign Envelope ID: 28B6209E-074B-49DB-9193-07D6A43AEBB2 IGA FCD 2020A010A PCN 699.21.31 PAGE 3 OF 5 11. This Amendment shall expire either (a) one year from the date of execution by all PROJECT PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding obligations and reimbursements associated with this Agreement, whichever is the first to occur. However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be amended or terminated except as expressly stated in this Agreement. The operation and maintenance and indemnification provisions of this Agreement shall survive the expiration of this Agreement. 12. Attached to this Amendment or contained herein are the written determinations by the appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under the laws of the State of Arizona to enter into this Amendment and that it is in proper form. 13. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this Agreement shall be renegotiated at the written request of either PROJECT PARTNER. 14. This Amendment is subject to cancelation pursuant to A.R.S. § 38-511. DocuSign Envelope ID: 28B6209E-074B-49DB-9193-07D6A43AEBB2 IGA FCD 2020A010A PCN 699.21.31 PAGE 4 OF 5 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Michael A. Fulton Date Director Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Amendment No. 1 FCD 22020A010A to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, 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. General Counsel Date DocuSign Envelope ID: 28B6209E-074B-49DB-9193-07D6A43AEBB2 5/10/2022 5/10/2022 IGA FCD 2020A010A PCN 699.21.31 PAGE 5 OF 5 TOWN OF FOUNTAIN HILLS A Municipal Corporation Approved and Accepted By: Town Mayor Date Attest: By: Town Clerk Date The foregoing Amendment No. 1 FCD 2020A010A to Intergovernmental Agreement FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the Town of Fountain Hills under the laws of the State of Arizona. Town Attorney Date Ginny Dickey (May 4, 2022 16:52 PDT) Ginny Dickey Elizabeth Klein (May 5, 2022 14:01 PDT) DocuSign Envelope ID: 28B6209E-074B-49DB-9193-07D6A43AEBB2