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HomeMy WebLinkAboutRes 2021-20RESOLUTION 2021-20 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE THIRD AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY LIBRARY DISTRICT RELATING TO THE OPERATION OF THE TOWN OF FOUNTAIN HILLS BRANCH LIBRARY RECITALS: BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The Town Council hereby approves the Third Amendment to the Intergovernmental Agreement between the Town of Fountain Hills and the Maricopa County Library District, in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to cause the execution of the Third Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. ENACTMENTS: PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 15th day of June, 2021. FOR THE TOWN OF FOUNTAIN HILLS: t GinrVj Dicke , Mayor REVIEWED BY: Grady E. Mi er, own Manager ATTESTED TO: lizabr—. Klein, Town Clerk APPROVED AS TO FORM: Arnson, Pierce Coleman PLLC, Town Attorney EXHIBIT A TO RESOLUTION 2021-20 [Third Amendment] See following pages. THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY LIBRARY DISTRICT AND TOWN OF FOUNTAIN HILLS, ARIZONA THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (this "Third Amendment") is entered into between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Maricopa County Library District, a political subdivision of the State of Arizona (the "Library District'). The Town and the Library District are sometimes referred to herein collectively as the "Parties." All capitalized terms not defined herein shall have the meanings set forth in the Intergovernmental Agreement. RECITALS A. The Town and the Library District executed an Intergovernmental Agreement ("IGA") on August 16, 2011 to operate the Fountain Hills Branch Library, as subsequently amended by that First Amendment to the IGA and that Second Amendment to the IGA. B. The IGA as amended will expire on August 16, 2021. C. The Town and the Library District desire to renew the IGA as amended and extend its term. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the promises and covenants set forth below, the Town and the Library District agree as follows: 1. The term for services under the IGA shall be renewed for one five (5) year term commencing August 17, 2021. 2. The Agreement and this Third Amendment is subject to and incorporates by reference the statutory language of A.R.S. § 38-511. 3. In all other respects, the IGA as previously amended is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the IGA shall remain in full force and effect, as approved and amended. 4. This Third Amendment is effective upon execution by both Parties. [SIGNATURES ON FOLLOWING PAGES] TOWN OF FOUNTAIN HILLS MARICOPA COUNTY LIBRARY DISTRICT Ginny Dickey, Mayor Town of Fountain Hills ATTEST: Elizabeth A. Klein, Town Clerk REVIEWED BY: Grady E. Miller, Town Manager Jack Sellers, Chairman, Board of Directors Maricopa County Library District ATTEST: Interim Clerk of the Board Pursuant to the provisions of Ariz. Rev. Stat. 11-952(D), this Third Amendment has been submitted to and approved by the attorney for each of the public agencies who certify that, with respect to their respective clients only, this Third Amendment is in proper form and is within the powers and authorities granted under the laws of this State to the Town and the District. Aaron D. Arnson, Town Attorney Andrea Cummings, Deputy County Attorney