HomeMy WebLinkAboutRes 2023-18RESOLUTION NO. 2023-18
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING
AMENDMENT TWO 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, 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 One
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 16'h day of May, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
th-
Ginn icke y y, Mayor
`-inda Mendenhall, Town Clerk
REVIEWED B :
Rachael Good
APPROVED AS TO FORM:
erim Town Manager Aaron DD. Arnson, Town Attorney
RESOLUTION NO. 2023-18 PAGE 2
EXHIBIT A
AMENDMENT TWO TO THE INTERGOVERNMENTAL AGREEMENT
AMENDMENT NO. 2
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 2020A010B
Agenda Item
This Amendment No. 2, also known as Intergovernmental Agreement (IGA) 141D2020A0t0B
(AMENDMENT 2) IGA FCD 2020A010 is entered into by and between the Flood Control District
of Maricopa Coung, 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 Mavor and Town Council, (the "TOWN"). The TOWN and the DISTRICT are
collectively referred to as the PROJECT PARTNI/RS and as a PROJECT PARTNER.
This AMIuNDNIENT 2 shall become effective as of the date it has been executed by all PROD IEC-1'
PARTNERS.
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) a 48-3603, as revised, to
enter into this Agreement and has authorized the undcrsitmcd to execute this Agreement on
behalf of the DISTRICT.
2. The TOWN is empowered by A.R.S. 4 9-240(B), as amended, to enter into this Agreement and
has authorized ncc undersigned to execute this Agreement on behalf of the TOWN.
BACKGROUND
3. On October 19, 2022 the Board of Directors of the DIS I RICI (the Board) adopted Resolution
FCD 2022R003 (C-69-23-009-X-00) authorizing the DISTRICT to cost -share in projects
recommended under the DISTRTCT's Small Project Assistance Program.
4. On July 22, 2020, the Board approved IGA FCD 2020A010 (C-69-21-000-X-00) authorizing ncc
DISTRICT and the TOWN to cost -share in the Golden Eagle Park Dam -Debris Mitigation
Improvement Project (PROJECT).
IGA FCD2020AOIOB
PEN 699.2131 PAGE I OF
On June 8, 2022, the Board approved IGA FCD 2020A010A (C-69-21-000-X-01)
(ANTI NDMI NT 1) to extend the completion dare from June 30, 21122 to June 30, 2023.
Due to an additional delay in Project design, the TOWN has requested and the DISTRICT has
agreed m extend the completion date from June 30, 2023 to June 30, 2024.
PURPOSE OF THE AGREEMENT
7. The purpose of this Amendment is to extend the PROJECT construction and funding from
June 30, 2023 to June 30, 2024.
TERMS OF AMENDMENT
The PROJECT DESIGN AND CONSTRUCTION COST is estimated to he $121,000 hut is
subject to change without amendment to this Agreement.
The DISTRICT shall:
9.1 Fund seventy-five percent (75!) of the PROJI•CT DESIGN AND CONSTRUCTION
COST incurred and invoiced between July 1, 21121 and June 30, 2024, with the funding
from thc DISTRICT limited to a maximum of $500,000 in accordance with thc
DIS1'RICI's Small Project Assistance Program. The DISIRICI's current estimated
funding share is $90,750.
10. The TOACN shall:
10.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed
by the DISTRICT, nuking the TOAC'N's estimated PROJECT DESIGN AND
CONSTRUCTION COST share S30,250; and TOWN will fully fund all PROJECT
costs for any work completed and invoiced before July 1, 2021 or after June 30, 2024.
10.2 invoice the DISTRICT as follows:
10.2.1 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.
10.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no
later than Junc 30, 2024, 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 anv, to
date.
11. This Amendment shall expire either (a) one year from the dam 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.
❑osvcvcq 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.
IGA ECU 2020A010B
PCP 699.21.31 PAGE 2 OF 5
11.1 Any contractor selected for the PROJECT pursuant to IGA 2020.1010, AMENDMENT 1
or this AMENDMENT shall be required to:
11.2 Warrant its compliance with all federal immigration laws and regulations that relate to is
employees and their compliance with A.R.S. (L 23-214(A).
11.3 Warrant and certify that it does not currently, and agrees for the duration of the contract
that it will not, use
The forced labor of ethnic Ulkhurs in the People's Rcpuhlic of China.
Any goods or services produced by the fumed lalx>r of ethnic Cyghurs in the People's
Republic of China
Any contractors, subcontractors or suppliers that use the fumed labor or any goods or
services produced by the forced labor of ethnic Cvghurs in the Peoples Rcpuhlic of
China.
If the TOWN becomes aware during the term of the Agreement that any Contractor is
not in compliance with this paragraph, the TOWN shall notify the DISTRICT within five
business days after becoming aware of the noncompliance. Failure of TOWN to provide a
written certification that the appropriate contractor has remedied the noncompliance
within one hundred eighty (18U) days after notifying the public entity of its
noncompliance, this Agreement shall terminate unless the Term of this .Agreement shall
end prior to said one hundred eighty (180) day period.
12. On an annual basis, commencing on the first anniversary date of the completion and acceptance
of the project provide written notification to the DISTRICT that the project has been properly
maintained by the Town of fountain Ifills over the past year in accordance with the project
design intent and to ensure proper hydraulic function.
13. This AMENDMENT 2 governs where terms conflict with the original IGA FCD 2020A010,
and the AMENDMENT 1. However, the original IGA FCD 2020.1010 and the
AMENDMENT 1 are applicable unless specifically changed by this AMENDMENT 2. The
paragraph numbering in this AMENDMENT 2 is coincidental and is not intended to indicate
that these same numbered paragraphs in the original IGA FCD 2020AU10 or the
AMENDMENT 1 are being replaced in their entirety.
14. Nothing in this AMENDMENT 2 (either express or implied) is intended to confer upon anyone
other than the parties herein and their respective representatives, successors, and permitted
assigns any rights or remedies under or because of this AMENDMENT, nor is anything in this
AMENDMENT intended to relieve or discharge the liability of either party hereto.
15. Attached to this AMENDNIFNT 2 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.
16. If legislation is enacted after the effective date of this AMENDMENT 2 that changes the
relationship or structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS
agree that this AMENDMENT 2 shall be renegotiated at the written request of either PROJECT
PARTNER.
IGA FCO2O20A010B
PEN 699.21.31 PAGE 3 OF 5
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Michael A. Fulton Date
Director
By:
Approved and Accepted:
Chairman, Board of Directors
Date
Attest:
Clerk of the Board
Date
The foregoing Amendment No. 2 FCD 2020AU101.1 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 Counts -
under the laws of the State of Arizona.
General Counsel Date
IGA FCO 2020A01011
PEN 6991L31 PAGE 4 OF 5
Approved and Accepted By:
TOWN OF FOUNTAIN HILLS
A Municipal Corporation
Attest:
The foregoing Amendment No. 2 PCD 21120A01013 has hccn 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 }gamed to the Flood Control District of Maricopa County
under the laws of the State of Arizona.
Q�uti oS/iG/az
Town Attorney Date
IGA FCD 202040198
I'CN 699.21.31 PAGE 5 OF 5