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HomeMy WebLinkAboutRes 2024-23RESOLUTION NO. 2024-23 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING AMENDMENT THREE TO AN INTERGOVERNMENTAL AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY RELATING TO THE DESIGN, RIGHTS -OF - WAY, ACQUISITION, UTILITY RELOCATIONS, CONSTRUCTION, CONSTRUCTION MANAGEMENT AND OPERATION AND MAINTENANCE OF THE GOLDEN EAGLE PARK DAM -DEBRIS MITIGATION IMPROVEMENT RECITALS: WHEREAS, by Resolution 2020-014 the Mayor and Town Council of the Town of Fountain Hills (the "Town") approved an Intergovernmental Agreement with the Flood Control District of Maricopa County (the "District") relating to design, rights -of -way, acquisition, utility relocations, construction, construction management, and operations and maintenance of the Golden Eagle Park Dam — Debris Mitigation Project (the "Agreement"): and WHEREAS, by Resolution 2022-017 the Town approved Amendment One to the Intergovernmental Agreement extending the completion date; and WHEREAS, by Resolution 2023-018 the Town approved Amendment Two to the Intergovernmental Agreement extending the completion date; and WHEREAS, the Town and the District desire to amend the Agreement to further extend the completion date. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment Three to the Intergovernmental Agreement (the "Agreement"), attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of Amendment One to the Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 21st day of May, 2024. FOR THE TOWN OF FOUNTAIN HILLS: 4) l Ginnickey,'ayor ATTESTED TO: Lind endenhalf, Town Clerk RESOLUTION NO. 2023-23 REVIEWED BY: Rachael I�/filler, awn Manager APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney PAGE 2 RESOLUTION NO. 2023-23 PAGE 3 EXHIBIT A AMENDMENT THREE TO THE INTERGOVERNMENTAL AGREEMENT 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 Eagle 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 (IGA) 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 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 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 1 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. On June 8, 2022, the Board approved Amendment 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 lof 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 agreed 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 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, 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 order costs not previously paid, and invoice the DISTRICT for the remainder of its share of IGA FCD 2020A010C PCN 699.2131 PAGE 2 OF 5 the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to date. 10. 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 are being replaced in their entirety. 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 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. 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. IGA FCD 2020A010C PCN 699.21.31 PAGE 3 OF 5 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Chief Engineer and General Manager Date By: By: Approved and Accepted: Chairman, Board of Directors Date Attest: Clerk of the Board Date The foregoing Amendment No. 2 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: Town Mayor Date By: Attest: Town Clerk Date The foregoing Amendment No. 1 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. Town Attorney Date IGA FCD 2020A010C PCN 699.2131 PAGE 5 OF 5