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Home My WebLink AboutRES 25-08 RESOLUTION NO. 25-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT TO CONTRIBUTE TO THE MAINTENANCE OF THE ARIZONA CONTINUOUSLY OPERATING REFERENCE STATION (AZCORS) PROGRAM WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES (ADWR) . WHEREAS, AZCORS is a network of 51 reference stations (36 State-managed and 15 managed by others) providing highly precise coordinate information that is a critical component to the City' s mapping efforts . The equipment consists of a mounting pole, GPS receiver, GPS antenna, cellular router and other associated electronics. WHEREAS, the city will contribute annually to support the operation and maintenance of the AZCORS program. In return ADWR shall provide access to the AZCORS network and technical support with data related issues . WHEREAS, pursuant to A.R.S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities (the "Parties") for joint or cooperative activities; and WHEREAS, the Parties have crafted the attached written agreement in the form of an intergovernmental agreement which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The mayor and city council approve the form of the intergovernmental agreement for contribution to the maintenance of the AZCORS program set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. RESOLUTION NO. 25-08 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS (' DAY OF m 20 9-,,!� . SIGNED AND ATTESTED TO THIS ® DAY OF 20 . WALTER "CHIP" WILSON Mayor ATTEST: i �.Q A EVIE MCKINNEY City Clerk APPROVED AS TO FORM: 5�g-Z S RICHARD J. STERN City Attorney RESOLUTION NO. 25-08 PAGE 2 OF 2 ATTACHMENT A Contribution to the Maintenance of the Arizona Continuously Operating Reference Station Program APACHE JUNCTION Intergovernmental Agreement Arizona By and Between the Arizona Department of Water Resources and the City of Apache Junction 1. Purpose The purpose of the Intergovernmental Agreement ("IGA"or"Agreement") is to facilitate maintenance of Continuously Operating Reference Station sites between the Arizona Department of Water Resources and the City of Apache Junction. 2. Parties and Definitions a. The parties to this agreement are the Arizona Department of Water Resources ("ADWR")and the City of Apache Junction("Apache Junction")(collectively,the "Parties"). b. "AZCORS"shall mean Continuously Operating Reference Stations C. "GNSS"shall mean global navigation satellite system. 3. Scope a. This IGA shall cover all issues relating to Apache Junction's cooperative efforts in supporting the AZCORS network. b. This Agreement is fully integrated and governed by the four comers of this IGA. 4. Effective Date This IGA will become effective upon the completed execution hereof. 5. Duration a. This IGA shall have a duration of five (5) years with no option to extend the term by amendment. A new IGA must be entered into prior to the expiration of the current term. b. The option to enter into a new IGA must be exercised no later than thirty (30) calendar days before the expiration of the original term. Page 1 of 4 IGA No: 2025-3205 ADWR and Apache Junction 6. Duties 6.1 Apache Junction a. Apache Junction shall pay ADWR$5,000 to contribute to the operation and maintenance of the AZCORS Network. 6.2ADWR a. ADWR shall provide AZCORS data through the AZCORS Network. b. ADWR shall provide technical assistance and support with AZCORS data related issues. 7. Non-Discrimination The Parties shall comply with Arizona State Executive Orders Nos. 2023-09, 2023-01, 2009-09 and 75-5, and any and all other applicable federal and state laws, rules and regulations, including,but not limited to,the Americans with Disabilities Act. 8. Indemnification Each Parry (as Indemnitor) agrees to indemnify, defend and hold harmless the other Party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. ADWR, through the State of Arizona, is self-insured per A.R.S. § 41-621. 9. Waiver Waiver of any of the terms of this IGA shall not be valid unless it is in writing and signed by all Parties. Failure of either Party to enforce the provisions of this IGA or require performance by the other Parry of any of the provisions shall not be construed as a waiver of such provision or affect the right of each Party to thereafter enforce the provisions of this IGA. Waiver of any breach of obligation under this IGA shall not be a waiver of any other subsequent breach of obligation under the IGA. Page 2 of 4 IGA No: 2025-3205 ADWR and Apache Junction 10. Termination a. Either Party may terminate the IGA with or without cause. b. If a Party wishes to terminate the IGA before the expiration of the IGA, a thirty (30) calendar day written notice shall be given to the other Party. C. This IGA may be cancelled pursuant to A.R.S. § 38-511, the terms of which are incorporated herein. 11. Severability If any provision of this IGA is determined to be invalid, illegal or unenforceable, the remaining provisions of the IGA remain in full force and effect. 12. Limitations Nothing in this IGA shall be construed as limiting or expanding the statutory responsibilities of the Parties. 13. Construction This IGA is the result of negotiations between the Parties and has been reviewed by each of the parties hereto and their respective counsel. Accordingly, this IGA shall be deemed to be the product of all of the Parties hereto, and no ambiguity shall be construed in favor of or against any one of the Parties hereto. 14. Conflict of Interest This Agreement is subject to cancellation by the State under A.R.S. § 38-511. 15. Choice of Law This contract shall be governed and interpreted by the laws of the State of Arizona. 16. Other Agreements a. This IGA in no way restricts either Parry from participating in similar activities with other public or private agencies, organizations, and individuals. Page 3 of 4 IGA No: 2025-3205 ADWR and Apache Junction b. Apache Junction may voluntarily contribute to the cost of managing and operating the AZCORS program. SIGNATURES IN WITNESS WHEREOF, the Parties executed this Agreement as follows. Arizona Department of Water Resources City of Apache Junction By: By: Thomas Buschatzke Bryant Powell Director City Manager Arizona Department of Water Resources City of Apache Junction Date: Date: DETERMINATION OF COUNSEL: This Agreement has been reviewed by the undersigned who has determined that it is in the appropriate form and is within the power and authority granted under the laws of the State of Arizona to the City of Apache Junction. Date: Richard J. Stem, City Attorney DETERMINATION OF COUNSEL: This Agreement has been reviewed by the undersigned who has determined that it is in the appropriate form and is within the power and authority granted under the laws of the State of Arizona to the Arizona Department of Water Resources. Date: Anthony Proano,Deputy Counsel Page 4 of 4 IGA No: 2025-3205 ADWR and Apache Junction