2015A014A IGA FIRST AMENDMENT AUTOMATED FLOODED ROADWAY 05.13.2026.PDF
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FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND
THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
FOR AUTOMATED FLOODED ROADWAY WARNING ASSEMBLY PROGRAM
2015A014A
MCDOT (C-64-26-165-X-00)
FCD (C-69-16-034-3-01)
This First Amendment to the Intergovernmental Agreement for Automated Flooded
Roadway Warning Assembly Program (First Amendment) is entered into by and
between the Maricopa County, a political subdivision of the State of Arizona (County),
and the Flood Control District of Maricopa County, a political subdivision of the State of
Arizona (District). The County and the District are collectively referred to herein as the
Parties or individually as a Party.
STATUTORY AUTHORIZATION
1.
The County is authorized, pursuant to Arizona Revised Statues (A.R.S.) §§ 11-
251 and 28-6701 et seq. to layout, maintain, control, and manage public roads
within the County.
2.
The District is authorized, pursuant to A.R.S. §48-3603 et seq to construct,
operate and maintain flood control structures and facilities and to enter into this
Agreement.
3.
Public agencies are authorized, pursuant to A.R.S. § 11-951 et seq., 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 (C-64-16-108-M-00), recorded
at Maricopa County Recorder No. 2016-0325191 (2016 Agreement), to continue
the Automated Flooded Roadway Warning Assembly Program (Program). The
Agreement was effective on May 4, 2016, the date it was approved by the Maricopa
County Board of Supervisors.
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5.
The Parties desire to further amend the IGA, through this First Amendment, to
extend the duration of the Program.
NOW, THEREFORE, in consideration of the foregoing and the covenants herein set forth,
the Parties agree as follows:
AMENDMENT
6.
The following shall replace Paragraph 14 of the 2016 Agreement, to read:
14.
This Agreement shall become effective on the last signature date set forth
below and remain in full force and effect until either Party terminates it. Any
Party may terminate this Agreement for any reason upon furnishing the
other Party with written notice at least thirty (30) days prior to the effective
termination date.
7.
All other conditions of the 2016 Agreement not modified by this First Amendment
shall remain in full force and effect.
8.
This First Amendment shall become effective on the last signature date set forth
below by the Parties.
9.
This First Amendment is subject to cancellation pursuant to A.R.S. §38-511.
End of Amendment - Signature Page Follows
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IN WITNESS WHEREOF, the Parties have executed this Agreement.
MARICOPA COUNTY FLOOD CONTROL DISTRICT
Recommended by:
Paul Baughman
Date
Chief Engineer & General Manager
Approved and Accepted by:
Date
Chair,
Board of Director
Attest by:
Clerk of the Board
Date
APPROVAL OF GENERAL COUNSEL
The foregoing Agreement has been reviewed pursuant to A.R.S. § 11-952 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
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IN WITNESS WHEREOF, the Parties have executed this Amendment.
MARICOPA COUNTY
Recommended by:
Jesse Gutierrez, P.E.
Date
Transportation Director
Approved and Accepted by:
Date
Chair,
Board of Supervisors
Attest by:
Clerk of the Board
Date
APPROVAL OF DEPUTY COUNTY ATTORNEY
The foregoing First Amendment has been reviewed pursuant to A.R.S. §11-952 by the
undersigned Deputy County Attorney, who has determined that it is in proper form and
within the powers and authority granted to the Board of Supervisors under the laws of the
State of Arizona.
Deputy County Attorney
Date