IGA-GOLDEN EAGLE- 2020A010C.PDF

AMENDMENT NO. 3
to
Intergovernmental Agreement 2020A010
for the

Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction
Management and Operation and Maintenance
of the

Golden Eagie Park Dam-Debris Mitigation Improvement Project
between the
Town of Fountain Hills
and the

Flood Control District of Maricopa County
IGA FCD 2020A010C

Agenda Item

This Amendment No. 3, also known as Intergovernmental Agreement (GA) FCD2020A010C 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 Boatd 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 October 19, 2022 the Board of Directors of the DISTRICT (the Board) adopted Resolution

FCD 2022R003 (C-69-23-013-X-00) authorizing the DISTRICT to cost-share in projects
recommended under the DISTRICT’s Small Project Assistance Program.

IGA FCD 2020A010C PCN 699.2131 PAGE i 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. OnJune 8, 2022, the Board approved Amendinent lof IGA FCD 2020A010A authorizing a time
extension for the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT).

6. On June 28, 2023, the Board approved Amendment 20f IGA FCD 2020A010B authorizing a
time extension for the Golden Eagle Park Dam-Debris Mitigation Improvement Project

(PROJECT).

7. Due to a delay in the construction start of PROJECT, the TOWN has requested and the
DISTRICT has agteed to extend the completion date from June 30, 2024 to June 30, 2025.

PURPOSE OF THE AGREEMENT

8. The purpose of this Amendment is to extend the PROJECT construction and funding from

June 30, 2024 to June 30, 2025.
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, 2025, with the funding
ftom the DISTRICT limited to a maximum of $500,000 in accordance with the
DISTRICT’s Small Project Assistance Program. The DISTRICT’s cuttent 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, 2025.

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, 2025, prepare a final accounting including change ordet costs
not previously paid, and invoice the DISTRICT for the remainder of its share of

IGA FCD 2020A010C PCN 699,21.31 PAGE 2 OF 5

10.

11.

12.

13.

the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to
date.

This Amendment IGA 2020A010C governs where terms conflict with the original IGA FCD
2020A010, Amendment 1 2020A010A and Amendment 2 2020A010B. 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 ate being replaced in their
entirety.

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.

Attached to this Agreement 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 Agreement and that it is in proper form.

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
Agteement shall be renegotiated at the written request of either PROJECT PARTNER.

IGA FCD 2020A010C PCN 699.21.31 PAGE 3 OF §

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona

Recommended by:

Chief Engineer and General Manager Date

Approved and Accepted:

By:
Chairman, Board of Directors
Date
Attest:
By:
Clerk of the Board
Date

The foregoing Amendment No. 3 FCD 22020A010C 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

IGA FCD 2020A010C PCN 699.21.31 PAGE 4 OF 5

TOWN OF FOUNTAIN HILLS
A Municipal Corporation

Approved and Accepted By:

Ginny Dickey 05/22/2024
Ginny Dickey (May 22, 2024°14:48 PDT)
Town Mayor Date

Attest:
By: Linda WMandinhall 05/22/2024
‘Town Clerk Date

The foregoing Amendment No. 3 FCD 2020A010C 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.

Aaron Arhson 05/22/2024
Aaron Arnson (May 22, 2024 09:20 PDT)
Town Attorney Date

IGA FCD 2020A010C PCN 699.21.31 PAGE 5 OF 5