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HomeMy WebLinkAboutResolution 2004-103 IGA with pima county and the pima county library district for the continental ranch libraryMARANA RESOLUTION NO. 2004-103 RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY AND THE PIMA COUNTY LIBRARY DISTRICT FOR THE CONTINENTAL RANCH LIBRARY. WHEREAS, the Town of Marana and the Pima County Library District desire to execute an intergovernmental agreement with Pima County and the Pima County Library Dislrict for the design, construction, operation, maintenance, and ownership of a library at continental Ranch; and WHEREAS, the Mayor and Council of the Town of Marana find that it is in the best interests of the public to execute said intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental between the Town ofMarana, Pima County and the Pima County Library District, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute said Exhibit A and the Town Clerk is hereby authorized to attest thereto for and on behalf of the Town of Marana. PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 3~a day of Augnst, 2004. Mayor Bobby Sutton, Jr. ATTEST: .~ronson, 'l~own Clerk APPROVED AS TO FORM: ~k C~y, T~wn A/~ey {00000052.DOC/} 7/9/04 FJC Exhibit A INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY~ PIMA COUNTY LIBRARY DISTRICT AND THE TOWN OF 1VIARANA FOR DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE, AND OWNERSHIP OF A LIBRARY AT CONTINENTAL RANCH IN 1VIARANA, ARIZONA THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into by and among PIM~ COUNTY, a body politic and corporate of the State of Arizona ("the County"), the PIMA COUNTY LIBRARY DISTRICT, a body politic and corporate of the State of Arizona ("the District") and the TOWN OF Ivlx~N^, ARIZONA, a municipal corporation ("the Town"). The County, District and the Town are sometimes collectively referred to as the "Parties" and are sometimes individually re- ferred to as a "Party". RECITALS A. The County, District and the Town desire to provide public library facilities within the planned development known as Continental Ranch (the "CR Library") to serve the Town and Pima County residents. B. The County, District and the Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. C. pursuant to Resolution 2004-18, the County held a special bond election on May 18,2004, at which time the voters passed six questions, including Question No. 4 - Parks and Recreational Fa- cilities. D. In compliance with Chapter 3.06 of the Pima County Code (as amended), the County Board of Supervisors adopted Ordinance No. 2004-18, which provides for implementation of specific pro- grams and projects using the funds obtained from the sale of bonds, as authorized by Pima County Voters on May 18, 2004. E. Section VII(D)(1 )(g)(4.44) of Ordinance No. 2004-18 provides for design and construction of a new 15,000 square foot library to serve the Town of Marana/Continental Ranch area to house an eventual 100,000 volume book collection, state-of-the-art technology, computer lab, large meeting {00000027.DOC / 6} Town of MaranMPima County Library IGA - 1 - 7/27/2004 5:52 PM room and small study rooms and a parking lot and allocates $4,500,000.00 of bond funding for this project. F. To accommodate a larger facility in the event bids for the CR Library come in at a lower price than anticipated, the Parties desire to provide for an alternate bid providing for an additional 5,000 square feet of constructed building build-out area without substantial improvements (that is, a fin- ished shell building). G. Section IV of Ordinance No. 2004-18 sets forth the principles and expectations for intergov- ernmental agreements entered prior to the start of each project involving the cooperation of another political subdivision, to establish the mutual and separate responsibilities of each government for the implementation of the project. H. The Town desires to join the District so that, pursuant to A.R.S. § 11-903, the Town's inhabi- tants shall be entitled to the benefits of a county free library. I. The Parties desire to provide for the construction and development of the CR Library on prop- erty currently owned by the Town and located at Continental Ranch in the Town. J. The Parties desire to define the terms and conditions pursuant to which the CR Library is to be designed, engineered, constructed, financed, owned, and operated. K. A.R.S. § 11-914 requires title to property used by a county free library district to be vested in the district. L. The Parties intend for the County to design, construct, equip and furnish the CR Library up to a maximum cost of $4,500,000.00. M. The planning of the CR Library is anticipated to take eight to twelve months, with design an- ticipated to occur fifteen to twenty-four months from the date of this Agreement, and construction anticipated to occur fifteen to thirty months from the date of this Agreement. N. The Parties intend that the Town will fully participate in decisions regarding the physical appearance of the CR Library, and that the County shall have sole discretion and responsibility for all aspects of the construction of the CR Library before it is turned over to the District for operation. O. The physical area and stock level for the CR Library is estimated to be approximately 15,000 square feet with an opening day collection consistent with the requirements of Section VII(D)(1)(g)(4.44) of Ordinance No. 2004-18. .4 GREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here by this reference, the Town, County and the District mutually agree as follows: 1. Project. The "Project" is the design, construction, ownership, maintenance and operation of the CR Library, to be located within the planned development known as Continental Ranch, in Marana, Arizona, legally described and depicted in Exhibit F to the Real Estate Exchange and {00000027.DOC / 6} Town of Marana/Pima County Library IGA - 2 - 7/27/2004 5:52 PM Development Agreement recorded in the Office of the Pima County Recorder at Docket 12201, Page 4073 (Exhibit F of which is found at Docket 12201, Pages 4092 to 4094) and incorporated by this reference in this Agreement (the "Property"). 2. Property and CR Library Ownership. A. Current Status of Property. The Town currently owns the Property. The Town hereby repre- sents and warrants that, to the best of Town's knowledge, no pollutants, contaminants, toxic or haz- ardous substances, wastes, or materials have been stored, used or are located on the Property or within any surface or subsurface waters of the Property; that no underground tanks have been lo- cated on the Property; that the Property is in compliance with all Federal, state and local environ- mental laws, regulations and ordinances; and that no legal action of any kind has been commenced or threatened with respect to the Property B. EnvironmentalInspection Rights. The Town shall permit the District and the County to con- duct such inspections of the Property as the District and County deem necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, the Town shall conduct a clean up of the Property adequate to bring the Property into compliance prior to conveyance to the District. C. Conveyance of the Property. In compliance with A.R.S. § 9-407, the Town shall by warranty deed convey the Property in its current vacant condition to the County, within thirty days after the County is satisfied as to the title and environmental condition of the Property. The County shall own the Property during the construction of the CR Library, and the County shall convey the Property and all improvements to the District by warranty deed after construction of the CR Library is com- pleted. After conveyance of title from the County to the District, the District shall own the Property and the CR Library and any and all improvements or fixtures located on the Property or in the CR Library. 3. Public Participation. The County shall manage all public participation deemed necessary by the District and the Town for construction of the Project. The Town, the County and the District shall meet to coordinate the public participation processes, which shall be approved by the Town prior to commencement of design, and the Town shall be invited to participate in the public partici- pation process. The County shall coordinate all public meetings on the Project in compliance with Pima County Board of Supervisors' Policy C 3.5 - ("Notification to Board of Supervisors of Public Meetings to be Held in their The District") and Administrative Procedure 3.8 implementing Policy 3.5. 4. Cooperative Participation in Architectural Design. The Town, the District, and the County shall establish a joint committee responsible for approving the architectural appearance and overall design of the CR Library. The design of the CR Library shall include an optional alternate bid for an additional 5,000 square feet of constructed building build-out area without substantial improvements (that is, a finished shell building), in the event bids for the CR Library are low enough to accommo- date the alternate bid within the level of funding provided by this Agreement. If consultants are em- ployed to design the CR Library, the County shall prepare the contracts for design and shall choose the consultants with the concurrence and participation of the Town. The County shall have the usual rights of the owner of a public design contract, including the authority to approve changes and make {O000002 7.DOC / 6} Town of Marana/Pima County Library IGA - 3 - 7/27/2004 $:52 PM payments; however, any substantial changes to the appearance or architectural design of the project shall be made by the county only after consultation with and concurrence by the Town. 5. County Construction. A. Contract Administration. Except as provided in paragraph 4 above, the County shall ad- minister the construction of the CR Library in a manner consistent with its construction of any other County public works project, and in a manner consistent with the provisions of this para- graph. At County's sole option, the County may, but is not required, to seek Town review and comment on any aspect of the CR Library plans and construction. B. Utility Relocations. The County shall coordinate all utility relocations within the Property boundaries. C. Project Manager and Town Representative. The County shall furnish a representative to per- form the functions ora Project Manager, and the Town, at no cost to the County or the District, shall furnish a representative, and the Project Manager and the Town representative will cooperate and consult with each other. D. Construction and Completion. (I) Construction. The County shall advertise, award, execute and administer construction contracts for the CR Library. The County shall have the usual rights of the owner of a public construction contract, including the authority to approve changes and make payments. (2) Change order consultation. The County shall consult with the Town on all change or- ders and supplemental agreements with an estimated cost of more than $50,000.00 before implementation, except when necessary for the safety of motorists or pedestrians or for the protection of property. (3) County inspection and approval. The County shall be responsible for inspection and approval of construction of the CR Library in accordance with the "Intergovernmental Agreement between Pima County and the Town of Marana for Regulation of Public Property Within Each Other's Jurisdictional Territory" recorded at Book 11458, Page 327, of the Pima County Recorder's Office. E. Financing of the Project. (1) Payment. The County shall pay all costs and expenses, except as otherwise specifi- cally noted in this Agreement, for design and construction of the CR Library, including any related litigation, up to a maximum total amount of $4,500,000.00, the amount of County bond funds authorized for the Project. As provided in Section VII(D)(1)(g)(4.44), this total amount is allocated as follows: $475,000 for planning/design; $3,980,000.00 for construc- tion; and $45,000for "other." All parties understand and agree that no additional County Bond funds shall be used for the Project. {O000q027.DOC / 6} Town of Marana/Pima County Library IGA - 4 - 7/27/'2004 5:52 PM (2) Town responsibility for excess costs. Within 30 days of a request by County, the Town shall assume and pay or, at the option of County, reimburse County for any and all costs for design and construction of the CR Library in excess of $4,500,000.00.00, provided that: (a) County shall promptly notify Town if it has reason to believe that additional funds are required; and (2) the parties shall work together to avoid incurring costs in excess of $4,500,000. 6. Project Permits. A. Permit fees. The Town shall provide or pay for the Town permits required in connection with the CR Library at no cost or expense to the County or the District. The Town shall waive all Town fees related to the CR Library. B. Other permits required. In the event any other governmental entity requires any approval, permission, or permits for the construction of the CR Library (including without limitation any and all sewer fees), the County shall apply for, pay for, and secure such approval, permission or permits. 7. Public Art. The County shall include public art in the design and construction of the CR Li- brary in accordance with the standards for County facilities based on a total construction cost of $4,500,000.00. 8. Opening Day Collection, Furnishing and Equipment. The CR Library shall be stocked, furnished, and equipped prior to the opening day, including sufficient seating for the public, and the shelving necessary to accommodate an initial collection. An initial collection consistent with the requirements of Section VII(D)(1)(g)(4.44) of Ordinance No. 2004-18 shall be funded by the District and/or the Town at their own expense. Ownership of all stock, including but not limited to the initial collection, furnishings, and equipment of the CR Library shall vest in the District upon transfer of the CR Library to the District (see paragraph 2(C) of this Agreement.). 9. Operation and Provision of Library Services. A. District Operation of the CR Library. The District shall assume responsibility for operation and maintenance of the CR Library as a county free library, which shall provide services to all in- habitants of Pima County. It is understood and agreed that the District may contract with a third Party to provide such services. B. Financing of the CR Library Operations and Services. The cost of operating the CR Library and providing services shall be the subject of one or more future agreements between the Parties, which are anticipated to be generally consistent with other agreements between the District and mu- nicipalities for library operations and services. C. Days andHours of Operation. The CR Library shall be open to the public at least 58 hours per week, which shall be scheduled on five weekdays and at least one weekend day. [000~0027.DOC / 6] Town of Marana/Pima County Library IGA - 5 - 7/27/2004 5:52 PM 10. Term and Termination of Intergovernmental Agreement. A. Repurchase of the CR Library. If, during the twenty-five (25) year period following the Town's transfer of title, CR Library services are not available to Marana residents at the CR Library for a period of thirty days or more, the Town may, upon sixty (60) days prior notice to the District, pumhase the CR Library and the Property by paying the District the amount paid by the District pur- suant to this Agreement. Within thirty (30) days of receipt of such payment, the District shall convey title to the Property and the CR Library and any stock, fixtures, collections, and equipment then lo- cated in the CR Library, to the Town. B. Effective Date. This Agreement shall be effective on the date it is recorded with the Pima County Recorder. C. Term. Except as otherwise provided in this Agreement, those portions of this Agreement pertaining to the construction of the CR Library shall terminate on December 31, 2015; however, the ownership, operation, maintenance, liability, and claims provisions shall remain in effect until termi- nated or modified in writing by mutual agreement. D. Termination. (1) For cause. A Party may terminate this Agreement for material breach of the Agree- ment by the other Party. Prior to any termination under this paragraph, the Party allegedly in default shall be given written notice by the other Party of the nature of the alleged default. The Party said to be in default shall have forty-five days to cure the default. If the default is not cured within that time, the other Party may terminate this Agreement. Any such termina- tion shall not relieve either Party from liabilities or costs already incurred under this Agree- ment. (2) Conflict of interest. This Agreement is subject to the provisions ofA.R.S. § 38-511, which provides for cancellation in certain instances involving conflicts of interest. (3) Non-appropriation. It is acknowledged that all obligations of the Town and the Dis- trict hereunder to make payments to or to incur costs for the specified Project shall be subject to annual appropriation by the respective governing bodies and to any limitation imposed by budget laws or other applicable state or local law or regulation, and are undertaken subject to and in accordance with such processes and constitutional limitations. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the Pima County CR Library District Board of Directors or Marana Town Council does not ap- propriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, the District and the Town shall have no further obligation to the other Party other than for payment for services rendered prior to cancellation. (4) Legal authority. Neither Party warrants to the other its legal authority to enter into this Agreement. If a court, at the request of a third person, should declare that either Party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by either Party against the other for lack of performance or otherwise. {00000027.DOC / 6] Town of Marana/Pima County Library IGA - 6 - 7/27/2004 5:52 PM (5) Ownership of property upon termination. Any termination of this Agreement shall not relieve any Party from liabilities or costs already incurred under this Agreement, nor affect any ownership of the Property or the CR Library pursuant to this Agreement. 11. Duties of Implementing Political Subdivisions A. Not withstanding any other provision in this Agreement, the Town and the District agree to comply with all responsibilities of implementing subdivisions contained in Ordinance 2004-18, as it may now exist or may hereafter be amended. B. The District (and, iftitle to the CR Library and the Property is transferred to the Town pursu- ant to Section 10 above, the Town) will operate and maintain the CR Library as a public library for a period of not less than twenty-five (25) years. C. No fee shall be charged for use of the CR Library that is more than a fee charged by the County for a similar purpose. D. The District shall insure the improvements constructed with County bond funds and will re-. place same if damaged or destroyed. This requirement can be met with direct or self-insurance re- lated to property Or improvement losses. E. The CR Library shall be made available to all residents of Pima County without restriction or preference to jurisdiction of residence. F. The Town and the District shall comply with all provisions of Chapter 3.06, Bonding Disclo- sure, Accountability, and Implementation, of the Pima County Code and will provide all reports to the County in a format and schedule agreed upon by the Parties. G. It is not anticipated that the County will transfer County general obligation bond proceeds to either the District or the Town, and both District and Town understand that the County shall main- tain control of bond proceeds for federal arbitrage responsibilities. H. The County may modify this Agreement whenever the County determines violations of fed- eral arbitrage regulations are likely to occur and may reallocate said funds to any project authorized by the Bond Implementation Plan. Funding for the Project will then be programmed on an imple- mentation schedule acceptable to the District and Town, provided the Project will proceed without jeopardizing federal arbitrage rules and regulations. I. The Town and the District each agree to notify the County of events that would require an amendment of the Bond Implementation Plan Ordinance and formally request of the Board of Super- visors that they hold a public hearing on the requested ordinance amendment. 12. Indemnification. A. MutualIndemnity. To the fullest extent permitted by law, each Party to this Agreement shall indemnify, defend and hold the other Parties and their governing board or body, officers, depart- ments, employees and agents, harmless fi.om and against any and all suits, actions, legal or adminis- {O000002?.DOC / 6} Town of Marana/P#na County Library IGA - 7 - 7/27/2004 5:52 PM trative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying Party, its agents, employees or anyone acting under its direction or control, whether intentionally negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agree- ment. B. Preexisting Conditions. To the fullest extent permitted by law, each Party to this Agreement shall indemnify, defend and hold the other Parties and their governing board or body, officers, de- partments, employees and agents, harmless from and against any claims and damages, as fully set out above in paragraph 10A, resulting from or arising out of the existence of any substance, material or waste, regulated pursuant to federal, state or local environmental laws, regulations or ordinances, that is present on, in, or below, or originated from, property owned or controlled by the indemnify- ing Party prior to the execution of this Agreement. C. Notice. Each Party shall notify the others in writing as soon as reasonably possible or, in any event, within thirty days of the receipt of any claims, demands, suits or judgments against the receiv- ing Party for which the Party intends to invoke the provisions of this paragraph 12. Each Party shall keep the other Party informed on a current basis of its defense of any claims, demands, suits, or judgments under this paragraph 12. D. Negligence of Indemnifying Party. The obligations under this paragraph 12 shall not extend to the negligence of the indemnifying Party, its agents, employees or indemnity. E. Survival of Termination. The obligations under this paragraph 12 shall survive the termina- tion, cancellation or revocation, whether in whole or in part, of this Agreement. 13. Insurance. When requested by the another Party, each Party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self-insurance. 14. Books and records. Each Party shall keep and maintain proper and complete books, re- cords, and accounts, which shall be open for inspection and audit by duly authorized representatives of any other Party at all reasonable times. All design and construction drawings, records, documenta- tion and correspondence shall be the property of the District at the completion of the Project. 15. Construction of Agreement. A. Entire Agreement. This instrument constitutes the entire agreement among or between the Parties pertaining to the subject matter of this Agreement, and all prior or contemporaneous agree- ments and understandings, oral or written, are hereby superseded and merged in this Agreement. B. dmendment. This Agreement shall not be modified, amended, altered or changed except by written agreement signed by all Parties. C. Construction and interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals of this Agreement. {O00qO027.DOC / 6} Town of Marana/Pirna County Library IGA - 8 - 7/27/2004 5:52 PM D. Captions and headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement E. Severability. A legislative or judicial declaration or determination that any provision or appli- cation of this Agreement is invalid or void shall have no effect on other provisions and their applica- tion which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. If any provision of this Agreement is declared invalid or void, the Parties shall meet promptly in an attempt to reach agreement on a substitute provision. 16. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the Town, the County or the District. 17. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship among or between the Parties or create any employer-employee relationship between the Town and any District or County employees, or between the District and any Town or County employees or between the County and any District or Town employees. No Party shall be liable for any debts, ac- counts, obligations nor other liabilities whatsoever of any other relating to wages or employee bene- fits, including without limitation any other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. 18. No Third Party Beneficiaries. Nothing in this Agreement is intended to create duties or ob- ligations to or rights in people or entities who are not Parties or affect the legal liability of any Party by imposing any standard of care with respect to the maintenance of public improvements different from the standard of care imposed by law. 19. Compliance with Laws. A. General. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. B. Anti-Discrimination. The Parties shall not engage in any form of illegal discrimination. Appli- cable provisions of A.1L S. § 41-1463 and Arizona Executive Order Number 75-5, as amended by Executive Order 99-4, are incorporated by this reference as a part of this Agreement. C. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 20. Waiver. Waiver by any Party of any breach of any term, covenant or condition of this Agreement 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 of this Agreement. 21. 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 Agree- ment, any cause beyond the control of the Party affected, including but not limited to failure of fa- {oooo9o2 Z. DOC/ 61 Town of Marana/Pirna County Library IGA - 9 - 7/27/2004 5:52 PM cilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dis- pute, boycott, material or energy shortage, casualty loss, acts of God, or action or non-action by gov- ernmental 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 emer- gency, 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. 22. Notification. Ail notices or demands upon any Party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail ad- dressed as follows: Town of Marana: Town Manager 13251 N. Lon Adams Road Marana, Arizona 85635 (520) 682-3401 (520) 682-9026 (fax) Pima County Pima County Administrator 130 W. Congress Tucson, Arizona 85701 (520) 740-8751 (520) 740-8171 Pima County Library District: Library District Administrator c/o Pima County Administrator's Office Kate O'Rielly, Library District Director 130 West Congress - l0th Floor Tucson, Adzona 85701 (520) 740-8661 (520) 740-8171 (fax) 23. Remedies. Any Party may pursue any remedies provided by law for the 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. {O000q027.DOC / 6} Town of Marana/Pima County Library IGA - 10 - 7/27/2004 5:52 PM IN WITNESS WHEREOF, Pima County has caused this Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, the Town has caused this Agreement to be executed by the Mayor upon resolution of the Mayor and Council and attested to by its Clerk and the Pima County Library District has caused this Agreement to l~e executed by the Chair of its Board of Directors. TOWN OF MARANA PIMA COUNTY Sharon Bronson, Chair Board of Supervisors Date ATTEST: Loft Godoshian, Clerk of the Board PIMA COUNTY LIBRARY DISTRICT Sharon Bronson, Chair Board of Directors Date ATTEST: Loft Godoshian, Clerk Bobby Sutton, Jr., Mayor Date ATTEST: Jocelyn Bronson, Town Clerk {0000002 7.DOC / 6} Towh of MaranaJPima County Library IGA - 11 - 7/27/2004 3:32 PM APPROVAL The foregoing Agreement among and between the Pima County Library District, Pima County and the Town of Marana has been reviewed by the undersigned, and is hereby approved as to content. Pima County Administrator Marana Town Manager A TTORNE Y CER TIFICA TION The undersigned attorneys for the Town ofMarana, Pima County and the Pima County Library Dis- trict have determined, each as to their respective client only, that this Agreement is in proper form and is within the powers and authority granted under Arizona law to the Town of Marana, Pima County and the Pima County Library District. Frank Cassidy Marana Town Attorney Deputy County Attorney (for the County and the District) [0ooo0027.DOC / 6] Town of MaranaJPima County Library IGA - 12 - 7/27/2004 5:52 PM