HomeMy WebLinkAboutIGA 2020A010C Flood Control District of Maricopa County Third AmendmentAMENDMENT 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 C-69-21-000-X-03
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
"DISTRJCT"), and the Town of Fountain Hills, a municipal corporation, acting by and through its
Mayor and Town Council, (the "TOWN"). The TO\VN and the DISTRlCT 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 DISTRlCT 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 DISTRlCT.
2. The TO\VN 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 DISTRJCT (the Board) adopted Resolution
FCD 2022R003 (C-69-23-013-X-00) authorizing the DISTRlCT to cost-share in projects
recommended under the DISTRlCT's Small Project Assistance Program.
IGA FCD 2020A0I0C PCN 699.21.31 PAGE I OFS
4. On July 22, 2020, the Board approved IGA FCD 2020A01 o 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 loflGA 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 2ofIGA 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 pm-pose 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 Agree.tnent
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 cm-rent 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 tl1e 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
!GA FCD 2020A0!OC PCN 699.21.31 PAGE20F5
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 20201\010 are being replaced in their
entirety.
11. This Amendment shall expire either (a) one year from the date of execution by all PROJECf
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
m-aintenance and indemnification provisions of this Agreement shall survive the expiration of
this Ag.teetnent.
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 Agteetnent 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.
[GA FCD 20Z0A010C PCN 699.21.31 PAGE3 OFS
DocuSign Envelope ID: 296462C2-9DE6-47E1-8CD0-2A1AB71D7D76
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision o f the State of Arizona
Recommended by:
6/26/2024
Chief Engineer and General Manager Date
Approved and Accepted:
By: _,. _ _jg_ JUL 2 4 2024
Attest:
By: @~ Clk of the Board a
te
JUL 2 4 2024
The foregoing Amendment No, 3 FCD 22020A010 C to Intergovernmental Agreement
FCD 2020A010 has been reviewed pursuant to A.R.S. Section 11 -952, as amended, by the
undersigned General Coun sel, who has determined that it is in proper form and within the powers
and authority granted to the Flood Control District of Maricop a County under the laws of the State
of Arizona.
~OocuSlgned by:
~~~l~---6/26/2024
General Counsd Date
IGA FCD 2020A010C PCN 699.21.31 PAGE40F5
Approved and Accepted By:
CiinnY Diuf.ev
Ginnv Dicke'y (May 22, 2024¼:48 PDT)
Town Mayor
TOWN OF FOUNTAIN HILLS
A Municipal Corporation
05/22/2024
Date
Attest:
By:
Town Clerk
05/22/2024
Date
The foregoing Amendment No. 3 FCD 2020A01 0C to Intergovernmental Agreement
FCD 2020A010 has been reviewed pursuant to A.RS. 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 I-:Iills under the laws of the State of Arizona.
MfP/1 Atl1SOl1
Aaron Arn son (May 22, 2024 09:.20 PDT)
05/22/2024
Town Alto.rney Date
IGA FCD 2020A010C PCN 699.21,31 PAGESOFS