HomeMy WebLinkAboutResolution 2014-084 IGA Agreement Town of Marana, NW Fire District and MUSD No. 6MARANA RESOLUTION NO, 2014-084
RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT AMONG THE TOWN OF MARANA, NORTHWEST FIRE DISTRICT AND
MARANA UNIFIED SCHOOL DISTRICT NO. 6 FOR DEVELOPMENT REVIEW AND
INSPECTION, FACILITY USE AND GENERAL COOPERATION
WHEREAS the Town of Marana (the "Town ") uses Marana Unified School District
No. 6 ( "MUSD ") public facilities for its programs and services; and
WHEREAS the Town and MUSD obtain development review, permitting and inspection
services from Northwest Fire District ( "NWFD ") for their respective public facilities; and
WHEREAS NWFD and MUSD obtain development review, permitting and inspection
services from the Town for their respective public facilities; and
WHEREAS NWFD, the Town and MUSD seek to establish guidelines relating to the
development and use of public facilities in the town limits of the Town; and
WHEREAS NWFD, the Town and MUSD desire to work cooperatively to provide
excellent governmental services to their common constituents; and
WHEREAS the Town Council finds that approval of an intergovernmental agreement
between the three parties is in the best interests of the Town and its citizens.
NOW 'THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Intergovernmental Agreement among the Town of Marana,
Northwest Fire District and Marana Unified School District No. 6 attached to this resolution as
Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the
Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement.
Marana Resolution No. 2014 -054 - I w
PASSED AND ADOPTED b the Ma and Council of the Town of Marana, Arizona,
this 16"' da of September, 2014.
Ma Ed Honea
ATTEST:
ocel VBronson, Town Clerk
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Marana Resolution No. 2014-084 —
INTERGOVERNMENTAL AGREEMENT
AMONG
TOWN OF MARANA, NORTHWEST FIRE DISTRICT, AND MARANA UNIFIED
SCHOOL DISTRICT NO.6
FOR
DEVELOPMENT REVIEW AND INSPECTION, FACILITY USE, AND GENERAL
COOPERATION
This intergovernmental agreement ( "Agreement ") is entered into by and among TowN OF
MARANA, an Arizona municipal corporation ( "Town "), MARANA UNIFIED SCHOOL DISTRICT NO. 6, a
political subdivision of the state of Arizona ( "School District "), and NORTHWEST FIRE DISTRICT, an
Arizona special taxing district ( "Fire District"). Town, School District and Fire District are
sometimes collectively referred to as the "Parties," each of which is sometimes individually
referred to as a "Party."
I. Recitals
A. Town, School District and Fire District may contract for services and enter into agreements
with one another for joint or cooperative action pursuant to A.R. S. § 11-952.
B. The School District and Fire District are authorized by A.R.S. § 15 -342 (13) and
A.R.S. § 48 -805 (B) (16) (a), respectively, to enter into intergovernmental agreements and
contracts with other governing bodies as provided in A.R.S. § 11 -952.
C. Town and School District are authorized by A.R.S. § 15 -364 to expend public monies and
enter into agreements with each other for the operation and joint use of recreational facilities
on properties used for school purposes under the control of the School District.
D. School District is authorized by A.R.S. § 15 -363 to contract with Town to operate school
buildings and grounds for the purpose of providing a public play and recreation center and
may organize and conduct such recreation activities which contribute to the physical, mental
and moral welfare of youths residing in the vicinity.
E. Town, School District and Fire District serve citizens and further the public interest by
permitting common use of their facilities, personnel, equipment and services in order to
minimize expense to their common citizens, improve service delivery and provide enhanced
resources to the community for the benefit of their common citizens.
F. Municipalities, school districts and special taxing districts may enter into agreements to
establish responsibilities relating to the review of development plans, issuance of various
permits and construction of new facilities.
G. It is the desire of the Parties hereto that Town and Fire District permit and inspect the
construction of new school, municipal and fire facilities and the remodeling of existing
facilities within the geographic limits of Town.
H. Town, School District and Fire District desire to establish the responsibilities of all Parties in
the development review process.
100039252.DOC / 3 i
Exhibit "A."
1. School District provides Town use of School District facilities at little or no charge as a
benefit to the community and the Town determines it is in the public interest to consider the
benefit of such use in the imposition of fees by Town for development review and inspection
of new school facilities and remodeling of existing facilities.
J. Fire District provides Town use of development review and inspection staff at little or no
charge as a benefit to the community and Town determines it is in the public interest to
consider the benefit of such use in the imposition of fees by Town for development review
and inspection of new fire facilities and remodeling of existing facilities.
K. It is the desire of the Parties, recognizing that they serve the same citizens, that they
cooperate by charging each other only for those legally mandated costs and those direct,
out -of- pocket expenses while otherwise allowing Town, School District and Fire District use
of each other's facilities at no charge.
II. Definitions
A. "Mandatory Charge" means a Town impact fee or charge not prohibited by
A.R.S. § 9-500.18 which the Town, by statute, contract, bond indenture, or code is required
to charge.
B. "Out -of- Pocket Costs" shall include those direct costs incurred by Town, School District or
Fire District over and above normal operating costs budgeted for and expended by each
Party. The intent of this definition is to reimburse only those additional direct costs each
Party incurs from providing services or facilities to the other. Examples of such costs would
include:
(1) The cost to one Party for custodial time related directly to services provided for the
needs of another Party.
(2) The cost to one Party for contracting out expedited services related to the
construction projects of another Party.
(3) The cost of utilities incurred by one Party outside normal use that is directly related to
services of another Party. Such utility costs shall not be considered "Out -of- Pocket
Costs" as long as they remain approximately equal to the value of in -kind services
provided by the Parties to each other pursuant to this Agreement. If at some point in
the future the Parties agree that the cost of utilities under this subparagraph exceeds
the value of the in -kind services, then the Parties shall determine mutually acceptable
utility costs.
(4) The labor and equipment cost to one Party to repair damages to facilities related
directly to services provided for the needs of another Party.
(00039252.DOC 1 3) 2 w
III. Covenants
A. Town's Obligations: Town recognizes that prompt development review and inspection
services assist School District and Fire District in performing their constitutionally and
statutorily mandated duties. The Town agrees to:
(1) Provide all building, mechanical, electrical, plumbing, and Americans with
Disabilities Act related inspections, review and permitting services to School District
and Fire District to enable compliance with the provisions of A.R.S. § 34 -461.
(Z) Provide development plan review and land use review services to School District and
Fire District to enable compliance with the provisions of the Town's general plan,
land development code, and related land use ordinances, Including landscaping and
onsite parking requirements. Town, in providing such review, shall recognize School
District's and Fire District's obligations under the Constitution of the State of
Arizona to provide services to all residents within their respective boundaries and
shall not apply its land development code, site plan requirements and related land use
ordinances in such a manner that would interfere with School District's or Fire
District's responsibilities to meet their respective constitutional mandates. Town shall
require that School District submit development plans for review, but shall also
recognize that School District is not required to obtain Town approval for the location
of schools and other facilities or the size, configuration, or shape of School District
buildings.
(3) Provide administrative plan review and engineering review services to School District
and Fire District for offslte improvements consisting of streets, drainage, right --of
way and traffic control to comply with the provisions of Town's development codes
and infrastructure guidelines.
(4) Provide administrative utility plans review services to School District and Fire
District to enable compliance with Title 14 of the Marana Town Code. Town services
shall consist of reviewing School District's and Fire District's respective connections
from their meters to Town's utility lines and the construction of all offsite utility lines
required to provide utility services consisting of Water to School District and Fire
District facilities.
(5) Provide administrative utility plan review services to School District and Fire District
to enable compliance with Town standards. Town services shall consist of reviewing
School District's and Fire District's respective construction of all offsite utility lines
required to provide wastewater utility services consisting of wastewater to School
District and Fire District facilities.
(6) Charge School District and Fire District no fees or assessments related to building
development and cooperate with School District and Fire District in permitting use of
Town facilities and services, as determined by Town, to the extent legally permissible
at no cost other than Mandatory Charges as set forth in this Agreement and direct
Out -of- Pocket Costs incurred by Town. School District and Fire District recognize
Fire District recognize that Town may have certain facilities that may have limited
use due to Town's governmental functions and responsibilities.
(00039252.DOC 13 ) -
(a) In consideration of School District's and Fire District's obligations under
the terms of this Agreement, Town shall charge the School District and Fire
District only the following Mandatory Charges:
(1) Administrative utility plans review, connection, inspection, and
any other utility- related applicable development fees.
(ii) Any development - related fee that the Town charges that is
pursuant to an intergovernmental agreement between the Town
and a third political subdivision or party.
(iii) Any development- related fees charged to Town by consulting or
contracted reviewers relating to plans submitted by to Town by
Fire District or School District. Town shall have discretion as to
which plans are reviewed by consulting or contracted reviewers.
(iv) Any applicable impact fees.
(b) The Mandatory Charges may be modified by Town from time to time upon
notice to School District and Fire District in the manner required for the
amendment of development fees by Town pursuant to A.R.S. § 9- 463.05.
Such modified fees shall not be applicable to any project on file with Town
on the date that the new fees become effective. For purposes of this
provision, "project" means a development application submitted by School
District or Fire District to Town proposing to construct a new facility or to
remodel an existing facility.
(c) The Mandatory Charges expressly do not include any of the following
charges:
(i) Building permit fees
(ii) Plan review fees, except as specified in § III(A)(6) of this
Agreement
(iii) Grading/drainage inspection /permit fees
(iv) Off -site improvement permit fees
(v) Conditional Use Permit application fees
(vi) Site Plan application fees
(vii) Right -of -way review /permit fees
(7) Waive facility rent for School District and Fire District use of Town facilities
pursuant to a schedule formulated annually. In all cases, Town's own use of its
facilities shall take precedence.
(8) Permit School District and Fire District to use, at no charge, Town's buildings and
facilities as determined by Town, subject to Town Council's adopted policies and use
guidelines and - in accordance with the terms of specific permits and agreements
between School District or Fire District and Town for the use of the buildings and
facilities. School District and Fire District recognize that Town may limit use of sites
due to need or function.
(00439252.DOC 13 ) -
(a) Town shall be solely responsible for all repair and maintenance of Town
facilities. School District, Fire District and Town agree that the decisions on
maintenance and repair of Town facilities are non - delegable decisions of
the Town. However, School District and Fire District shall be responsible
for the costs of any repairs that are necessary and directly attributable to
their respective uses of Town facilities.
(b) School District and Fire District shall be responsible for the costs of utility,
janitorial, and security services at Town facilities where the need for such
services is directly attributable to respective uses by School District and
Fire District.
(9) Pay School District or Fire District all Out -of- Pocket Costs incurred by School
District or Fire District, respectively, in the performance of this Agreement which are
properly billed to Town.
B. School District's Obligations: School District recognizes that use of its buildings and
facilities for Town and Fire District programs and services benefits the entire community.
The School District agrees to:
(1) Comply with the provisions of Town's general plan but shall be exempt from Town's
zoning ordinance and related development ordinances, unless State statute or
regulation has preempted Town's review, and shall ensure that its construction meets
minimum code standards.
(2) Submit, for review by Town, development plans for construction or renovation of
School District facilities.
(3) Comply with the .provisions of Town's building codes, engineering and plan review
codes, infrastructure guidelines, utility codes and development rules and/or the terms
of this Agreement, in the same manner as any private party, subject to the preemption
of Town's review by State statute or regulation.
(4) Comply with any additional development provisions enacted by Fire District,
including but not limited to: fire codes, engineering and plan review codes,
infrastructure guidelines, utility codes and development rules and/or the terms of this
Agreement, in the same manner as any private party, subject to the preemption of Fire
District's review by State statute or regulation.
(5) Pay Mandatory Charges imposed by Town and Fire District for performance of the
services under the Town Obligations and Fire District Obligations sections of this
Agreement. In exchange for Town's and Fire District's waivers of all other charges
imposed by Town and Fire District for all related and expansion fees under Town
Obligations and Fire District Obligations sections of this Agreement, School District
shall waive facility rent for Town and Fire District use of School District facilities
pursuant to a schedule formulated annually. In all cases, School District's own use of
its facilities shall take precedence.
100039252.DOC 13) ~ 5 -
(6) Permit Town and Fire District to use at no charge School District's buildings and
facilities as determined by School District, subject to School District Governing
Board's adopted policies and use guidelines and in accordance with the terms of
specific permits and agreements between Town, Fire District and School District for
the use of the buildings and facilities. Town and Fire District recognize that School
District may limit use of sites due to school overcrowding, need or function.
(a) This permission shall specifically include certain outdoor School District
facilities, including tracks, courts and athletic fields.
(b) School District buildings and facilities shall be available for use by Town
and Fire District throughout the calendar year.
(c) School District shall be solely responsible for all repair and maintenance of
School District facilities. School District, Fire District and Town agree that
the decisions on maintenance and repair of School District facilities are
non-delegable decisions of School District. However, Town and Fire
District shall be responsible for the costs of any repairs that are necessary
and directly attributable to their respective uses of School District facilities.
(d) Town and Fire District shall be responsible for the costs of utility, janitorial,
and security services at School District facilities where the need for such
services is directly attributable to respective uses by Town and Fire District.
C. Fire District's Obligations: Fire District recognizes that prompt development review and
inspection services assist School District and Town in performing their constitutionally and
statutorily mandated duties. Fire District agrees to:
(1) Provide all appropriate fire prevention, mechanical, electrical, plumbing, engineering,
infrastructure, utility and development inspections, review and permitting services to
School District and Town to enable compliance with the provisions of
A.R.S. § 34 -461.
(2) Provide administrative site plan review services to School District and Town to
enable compliance with the provisions of the Town's fire code and related codes and
ordinances. Fire District, in providing such review, shall recognize School District's
and Town's obligations under the Constitution of the State of Arizona to provide
services to all residents within their respective boundaries and shall apply the fire
code and related codes and ordinances to ensure the minimum fire safety
requirements for new and existing buildings, facilities, storage and processes are in
compliance in accordance with the fire code and local amendments.
(3) Provide at least one qualified employee to Town for on -site plan review, consultation
with Town staff, Town pre - application meetings and other such activities relating to
development, as requested by the Town. Town shall provide the Fire District
employee with a work station and supplies at the Marana Municipal Complex, 11555
West Civic Center Drive, Marana, Arizona, 55653.
( 00039251DOC 13) -6-
(4) Charge School District and Town no fees or assessments related to building
development and cooperate with School District and Town in permitting use of Fire
District facilities and services, as determined by Fire District, to the extent legally
permissible at no cost other than Mandatory Charges as set forth in this Agreement
and direct Out -of- Pocket Costs incurred by Fire District. School District and Town
recognize that Fire District may have certain facilities that may have limited use due
to Fire District's governmental functions and responsibilities.
(a) In consideration of School District's and Town's obligations under the
terms of this ' Agreement, Fire District shall charge School District and
Town only the following Mandatory Charges:
(i) Any development- related fee that Fire District charges that is
pursuant to an intergovernmental agreement between the Fire
District and a third political subdivision or party.
(11") Any development - related fees charged to Fire District by
consulting or contracted reviewers relating to plans submitted
by to Fire District by Town or School District. Fire District
shall have discretion as to which plans are reviewed by
consulting or contracted reviewers.
(b) The Mandatory Charges may be modified by Fire District from time to time
upon notice to the School District and Town and upon adoption and/or
amendment of a fee schedule in the manner required by A.R.S. § 48 -805.
Such modified fees shall not be applicable to any project on file with the
Fire District or Town on the date that the new fees become effective. For
purposes of this provision, "project" means a development application
submitted by School District or Town to Fire District proposing to construct
a new facility or to remodel an existing facility.
(c) The Mandatory Charges expressly do not include any of the following
charges:
(i) Permit fees
(ii) Inspection fees
(iii) Plan review fees, except as specified in § III(C)(4) of this
Agreement
(iv) Plan or submittal application fees
(5) Waive facility rent for School District and Town use of Fire District facilities
pursuant to a schedule formulated annually. In all cases, Fire District's own use of its
facilities shall take precedence.
(d) Permit School District and Town to use, at no charge, Fire District's buildings and
facilities as determined by. Fire District, subject to Fire District Governing Board's
adopted policies and use guidelines and in accordance with the terms of specific
permits and agreements between School District or Town and Fire District for the use
of the buildings and facilities. School District and Town recognize that Fire District
may limit use of sites due to need or function.
f0003925z.DoC / 31 -T-
(a) Fire District shall be solely responsible for all repair and maintenance of
Fire District facilities. School District, Fire District and Town agree that the
decisions on maintenance and repair of Fire District facilities are
non - delegable decisions of Fire District. However, School District and
Town shall be responsible for the costs of any repairs that are necessary and
directly attributable to their respective uses of Fire District facilities.
(b) School District and Town shall be responsible for the costs of utility,
janitorial, and security services at Fire District facilities where the need for
such services is directly attributable to respective uses by School District
and Town.
(7) Pay School District or Town all Out-of-Pocket Costs incurred by School District or
Town, respectively, in the performance of this Agreement which are properly billed
to Fire District.
D. Priority Use of Facilities: School District, Fire District and Town shall work cooperatively to
reserve facilities. All Parties agree that each Party will have priority use of its own facilities.
Second priority in the use of facilities will be all Town programs approved by the School
District which are part of Town's Parks and Recreation programming. Third priority in the
use of facilities will be all Town, School District or Fire District programs which are not a
part of Town's Parks and Recreation programming. Town, School District and Fire District
will make requests for facility use at least two weeks before the date the facility is needed.
E. Cash Dandling: Town is authorized on behalf of the Fire District to collect and remit
payment for services rendered by Fire District for development review, inspection and
permitting. Town shall remit all payment collected on behalf of Fire District to Fire District
no later than the 1 5th day of the month following the month in which payment was collected.
F. Mobile Stage: Fire District and School District are permitted to use the Town's mobile stage
at no cost within their respective district corporate boundaries.
IV. Notices
Notices required or permitted hereunder shall be given in writing and personally delivered or sent by
registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight courier service, addressed as follows:
To School District: District Superintendent
Marana Unified School District No. 5
11279 West Grier Road
Marana, Arizona 85653
With a Copy To: John C. Richardson, Esq.
Deconcini, McDonald, Yetwin & Lacy, P.C.
2525 East Broadway Road, Suite 200
Tucson, Arizona 85716
(00039252.DOC / 3) � 8-
To Fire District: Fire Chief
Northwest Fire District
5225 West Massingale Road
Tucson, Arizona 85 743
With a Copy To: Thomas Benavidez, Esq.
Benavidez Law Group, P.C.
7400 North Oracle Road, Suite 143
Tucson, Arizona 85704
To Town: Town Manager
Town of Marana
1. 1555 West Civic Center Drive
Marana, Arizona 85653
With a Copy To: Town Attorney
Town of Marana
11555 West Civic Center Drive
Marana, Arizona 85653
Or at any other address designated by School District, Fire District or Town in writing.
V. Term
A. This Agreement is effective March 18, 2014, and shall continue in effect for four years,
unless sooner terminated by any Party. Any Party may terminate its participation in this
Agreement upon 60 days written notice to all Parties.
B. On or before the anniversary date of this Agreement, on an annual basis, the District
Superintendent or his/her designee, Fire Chief or his/her designee and the Town Manager or
his/her designee may meet and confer in good faith on the operation of the Agreement and
suggest changes, if necessary, for consideration by the governing bodies of School District,
Fire District and Town.
VI. Insurance and Indemnification
A. The Parties agree that they shall maintain for the duration of this � Agreement policies of
public liability insurance sufficient to cover all of their obligations undertaken in the
implementation of this Agreement.
B. School District, Fire District and Town shall secure and maintain property insurance
coverage protecting their personal property against all risk of physical darnage loss for their
full replacement cost. School District, Fire District and Town shall obtain similar coverage
for any personal property they maintain at each other's facilities pursuant to this Agreement.
Unless one of the Parties' personal property is damaged by the actions of another of the
Parties or its agents or invitees, School District, Fire District and Town agree to rely on their
respective property insurance coverage for all other personal property damages.
(00039252.DOC / 3) � 9 -
C. For purposes of Workers' Compensation, an employee of a Party to this Agreement who
works under the jurisdiction or control of, or who works within the jurisdictional boundaries
of, another Party pursuant to this specific Agreement, is deemed to be an employee of both
Parties, as provided in A.R.S. § 23-1022(D). The primary employer of such employee shall
be solely liable for payment of Workers' Compensation benefits for the purposes of this
paragraph. Each Party shall comply with the notice provisions of A.R.S. § 23-1022(E).
D. To the fullest extent permitted by law, each Party (as "Indemnitor ") agrees to indemnify,
defend and hold harmless the other Parties, its officers, officials, employees, agents,
volunteers, successors, and assigns (as "Indemnitees ") from and against any and all claims,
losses, liability, costs or expenses (including reasonable attorney fees), hereinafter
collectively referred to as "claims," arising out of bodily injury to any person (including
death) or property damage, but only to the extent that such claims which result in liability to
the Indemnitees, are caused by the act, omission, negligence, misconduct, or other fault of the
Indemnitor, its officers, officials, agents, employees, or volunteers, successor, or assigns,
provided, however, that the Indemnitor shall have no obligation to indemnify the Indemnitee
for the Indemnitee's passive negligence.
VII. Cancellation for Conflict
This Agreement is subject to cancellation in certain conflict of interest situations pursuant to
A.R.S. § 38-511, the provisions of which are incorporated herein.
VIII. Governing Law
A. This Agreement shall be construed and governed in accordance with the laws of the State of
Arizona.
B. During the performance of this Agreement, Town, School District and Fire District agree to
comply with all applicable state and federal laws, rules, regulations and executive orders
governing equal employment opportunity, nondiscrimination and affirmative action.
IX. Remedy
A. All Parties agree to use good faith efforts to informally resolve disputes arising out of this
Agreement.
B. Any Party may pursue any remedies provided by law for breach of this Agreement. No right
or remedy is intended to be exclusive of any other right or remedy and each shall be
cumulative and in addition to any other right or remedy existing at law or in equity or by
virtue of this Agreement.
X. Waiver
Waiver by any Party of any breach of any term, covenant or condition herein shall not be deemed a
waiver of any other term, covenant or condition or any subsequent breach of the same or any other
term, covenant or condition herein contained.
(00039252.DOC / 3) - 10 -
XI. Force Majeure
A Party shall not be in default under this Agreement if it does not fulfill any of its obligations under
this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The
term "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the
control of the Party affected, including but not limited to failure of facilities, breakage or accident to
machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic,
war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy
shortage, casualty loss, acts of God, or action or non- action by governmental bodies in approving or
failing to act upon applications for approvals or permits which are not due to the negligence or
willful action of the Parties, order of any government officer or court (excluding orders promulgated
by the Parties themselves), and declared local, state or national emergency, which, by exercise of due
diligence and foresight, such Party could not reasonably have been expected to avoid. Any Party
rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due
diligence to remove such inability with all reasonable dispatch.
XII. Miscellaneous Provisions
A. Amendments to this Agreement shall be in writing, signed by all Parties to the Agreement.
Formal amendments shall not be needed to notify Parties of address changes, changes in
position titles, etc. Such information may be provided via correspondence between the
Parties.
B. This Agreement represents the entire and integrated agreement between the Parties and
supersedes all prior negotiations, representations or agreements, either written or oral.
C. If any provision of this Agreement is declared invalid or unenforceable, the remainder shall
continue in full force and effect.
D. The Parties warrant that they comply with all federal immigration laws and regulations that
relate to their employees and that they comply with A.R.S. § 23- 214(A). The Parties
acknowledge that pursuant to A.R.S. § 41 -4401 and effective September 30, 2008, a breach
of this warranty is a material breach of this Agreement subject to penalties up to and
including termination of this Agreement, and that each of the other Parties retains the legal
right , to inspect the papers of any employee who works on the Agreement to ensure
compliance with this warranty.
E. This Agreement shall supersede any prior intergovernmental agreements, memoranda of
understanding or other agreements that two or more of the Parties have entered into to the
extent that the provisions of those prior agreements are in conflict with the provisions of this
Agreement. This Agreement shall not supersede any prior intergovernmental agreements,
memoranda of understanding or other agreements that two or more of the Parties have
entered into that are not in conflict with this Agreement.
F. Notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement
shall operate or be interpreted to expand, increase or extend the jurisdiction of any of the
Parties beyond the jurisdiction granted by applicable Arizona law.
( 0003 9252. DOC 131 - 11 w
G. This Agreement may be executed in counterparts, each of which shall be an original, but
all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth
below their respective signatures.
The "TOWN ":
TOWN OF MARANA., an Ari ona municipal
corporation `
By:
d Honea, Mayor
Date.
-- Ili - SDI
ATTEST:
(1
fo4yn C. nson, Town Clerk
The "FIRE DISTRICT":
NORTHWEST FIRE DISTRICT., an Arizona
special taxing district
......... .
George Carter, Board Chairman
Date:
L 1r ~TEST.
Tim Clayton, Board Clerk
The "SCHOOL DISTRICT ":
MARANA UNIFIED SCHOOL DISTRICT NO. 6, an
Arizona political subdivision
By:
Dan Post, Board President
Date:
ATTEST:
John Lewandowski, Board Clerk
( 00039252. DDC 13) ` 12
INTERGOVERNMENTAL AGREEMENT DETERMINATION
The foregoing Agreement by and between the Town of Marana, Marana Unified School District
No. 6 and Northwest Fire District has been reviewed pursuant to A.R.S. § 11 --952 by the undersigned
who have determined, for their respective clients, that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona.
Town of Marana:
F nk Ca i ,Town Attorne Dat
John C. Richardson, Attorney for the District
Marana Unified School District No. 6:
Date
Northwest Fire District:
Thomas Benavidez, Attorney for the District Date
{Q4439252.DOC 131 - 13-