2010A006D - AMENDMENT #4 -ADWR- BOD.PDF

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Flood Control District of Maricopa County

2801 W. Durango Street, Phoenix, AZ 85009
ie

INTERGOVERNMENTAL AGREEMENT
FCD 2010A006 Amendment 4
between the
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
and the

STATE OF ARIZONA DEPARTMENT
OF WATER RESOURCES

For
IGA FOR DETAILED PRE-APPLICATION REVIEWS BY ADWR OF FLOOD
CONTROL DISTRICT DAM SAFETY REHABILITATION AND MODIFICATION
PROJECTS

Approved by the
BOARD OF DIRECTORS
of the
Fleod Control District of Maricopa County

Agenda Item No. C-69-10-071-3-04
Date

DO NOT REMOVE
TuIs COVER Is PART OF THE OFFICIAL DOCUMENT

DacuSign Envelope [D: 6400FEE9-A55C-48B9-8781-DBFB4824F8B2

Contract No: 2010-2843IGA Amendment 4
FCD2010A006 Amendment 4 PCN: 050.02.01

STATE OF ARIZONA
DEPARTMENT OF WATER RESOURCES
1110 West Washington St, Suite 310
Phoenix, Arizona 85007

AMENDMENT NUMBER 4

This Amendment is entered into by FLOOD CONTROL DISTRICT OF MARICOPA COUNTY (DISTRICT”), and the
DIRECTOR of the ARIZONA DEPARTMENT OF WATER RESOURCES (“DEPARTMENT”).

it is mutually agreed that the above numbered Agreement is amended as set forth in Exhibit 1, attached hereto and
incorporated by reference. Deletions are indicated by strikethrough (e.g. text). Additions are indicated by italics (e. B. text).
All other terms and conditions of the Agreement shall remain in full force and effect. This Amendment becomes effective on
the date it is executed by both parties. This Amendment is subject to cancelation pursuant to A.R.S. § 38-511.

The parties hereto agree to carry out the terms of this Agreement

FLOOD CONTROL DISTRICT OF MARICOPA ARIZONA DEPARTMENT OF WATER RESOURCES
COUNTY
Recommended by:

DocuSigned by:
[ michaet Fulton 8/10/2021 Lyre poo TEE Aug 5, 2021

81 D74DC47EBB48C...

Michael A. Fulton Date Signature of Authorized Individual Date
Director

Lynne J. Smith

Typed Name

Deputy Director

Typed Title

ATTEST:

Clerk of the Board Date

REVIEWED AND ACCEPTED:

Chairman, Board of Directors Date

DocuSign Envelope ID: 6400FEE9-A55C-48B9-87B1-DBFB4824F8B2

CONTRACT NO: 2010-2843IGA Amendment 4 (IGA FCD 2010A006 — Amendment 4)
EXHIBIT 1

The parties agree to amend Contract No. 2010-2843IGA (IGA FCD 2010A006) as follows:

Reference Original Contract/iGA: Page 7, £. PAYMENT

3. Ba Brahe? at) wit-inelude a-proaress-renortofaworl-performed oreanized bu nraject name wil Hecificn
“hacs invoice wilt include a progress-report of werk performed -organized by project name with specifies

4;-The-Distriet shall make four quarterly payments of $24,000-upen receipt of eorespending inveices for-the-first

four-auarter f this aopeement throuchInne 30 2011) The District chall mal Tteauarterty naviment feaual

four quarters-of this apreement-Chrough_ June 30, 201)-Th ict shall make four quarterly-payments-of equal
ap ounts-Hp. eipt-efLesrresnerdi Brate7a01 £4} 1544 Lone seaytanc)

amounts upen receipt of corresponding inveices-for each of the eptional- one-year extensions

3. Each invoice will include the total hours of work performed and a description of reviews performed, meetings
attended, etc.

4. The District shall make quarterly payments upon receipt of corresponding invoices.

Reference Original Contract/IGA: Page 8, F. INTRODUCTION

Following the District’s submittal of a request for a pre-application review, the parties shall mutually agree to a
schedule for the completion of said review by the Department.

Reference Amendment No. 3 — Exhibit 1;

Fhe Distrietagrees to pay $96,000($24,000-per quarter) for costs incurred by the Departmest-in- providing the detailed
pre-application reviews by qualified-AD WR staff under each year of this-agreement-through June 30-2023

The District agrees to pay $100.00 per man-hour based on actual man-hours worked (invoiced quarterly) not to
exceed $300,000.00 per District fiscal year (July 1" through June 30") for costs incurred by the Department in
providing the detailed pre-application reviews by qualified ADWR staff under each year of this agreement from
October 1, 2021 through June 30, 2023.

Reference Amendment No. 3 — Exhibit 1:

DocuSign Envelope iD: 6400F EE9-A55C-48B9-87B1-DBFB4824F8B2

The rehabilitation and modification projects covered by this agreement are listed below.

1) Buckeye FRS No.1 Rehabilitation Project Phase 2B: Design

3) MeMicken Dam Rehabilitation Project: Design

4) Cave Buttes Dam Modification Project: Design

5) Powerline FRS, Vineyard Road FRS and Rittenhouse FRS Rehabilitation/Replacement Project: Planning, Pre-
design and Design

6) Guadalupe FRS Modification Project: Planning, Pre-design and Design

7) Saddleback FRS Rehabilitation Project: Planning, Pre-design and Design

8) Other projects for which the District may request pre-application reviews and associated activities

Reference Amendment No. 3 ~ Exhibit 1:

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rouch—Sune-30_2023-5F £4209 000 Gevenua)
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Ameount—Notto ex d-amount—tub
t—-NOEt -BH ORY

ATHOUH ameune 4

Amount: Not to exceed amount: October 1, 2021 through June 30, 2023 of $600,000.00 (revenue),

DocuSign Envelope ID: 6400FEE9-A85C-48B9-87B1-DBFB4824F8R2

CONTRACT NO: 2010-2843IGA Amendment 4
FCD20104006 Amendment 4 PCN: 050.02.01

LEGAL DETERMINATION

The attached Amendment between the Arizona Department of Water Resources and the Flood Control District of Maricopa
County has been reviewed by the undersigned attorney’s, who have determined that the Amendment is in proper form and is
within the powers and authority of those parties represented by the undersigned.

Dated this 29 day of July 2021

Arizona Department of Water Resources
Kelly Brown, Deputy Counsel

Kelly Brown, Deputy Counsel

9th August
Dated this day of gus 2021

Flood Control District of Maricopa County

DocuSigned by:

Wayne Puck
By: ayia Pe an

Flood Control District General Counsel