HomeMy WebLinkAboutRes 2025-23 - IGA with Flood Control District of Maricopa CountyRESOLUTION NO. 2025-23
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING
AMENDMENT FOUR 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, by Resolution 2024-023 the Town approved Amendment Three 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 Four
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 3rd day of June, 2025.
APPROVED AS TO FORM:
EXHIBIT A
AMENDMENT FOUR TO THE INTERGOVERNMENTAL AGREEMENT
IGA FCD 2020A010D PCN 699.21.31 PAGE 1 OF 5
AMENDMENT NO. 4
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 2020A010D
Agenda Item _________
This Amendment No. 4, also known as Intergovernmental Agreement (IGA) FCD2020A010D 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 2020A010D PCN 699.21.31 PAGE 2 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 1of 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 2 of IGA FCD 2020A010B authorizing a
time extension for the Golden Eagle Park Dam-Debris Mitigation Improvement Project (PROJECT).
7. On July 24, 2024, the Board approved Amendment 3 of IGA FCD 2020A010C authorizing a time extension for the Golden Eagle Park Dam0-Debris Mitigation Improvement Project
(PROJECT). 8. 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, 2025 to June 30, 2026.
PURPOSE OF THE AGREEMENT
9. The purpose of this Amendment is to extend the PROJECT construction and funding from
June 30, 2025 to June 30, 2026.
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, 2026, 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, 2026.
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.
IGA FCD 2020A010D PCN 699.21.31 PAGE 3 OF 5
9.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no
later than June 30, 2026, prepare a final accounting including change order costs
not previously paid, and invoice the DISTRICT for the remainder of its share of the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to
date.
10. This Amendment IGA 2020A010D governs where terms conflict with the original IGA FCD 2020A010, Amendment 1 2020A010A, Amendment 2 2020A010B and Amendment 3
2020A010C. 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 2020A010D PCN 699.21.31 PAGE 4 OF 5
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. 4 FCD 22020A010D 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