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Home My WebLink AboutRES 07-53RESOLUTION NO. 07-53 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH QUEEN VALLEY FIRE DISTRICT FOR TRANSFER OF OWNERSHIP OF USED CITY TRUCK. WHEREAS,the City of Apache Junction ("City")and Queen Valley Fire District (Queen Valley,Arizona)("Queen Valley") desire to enter into an Intergovernmental Agreement ("IGA") allowing City to transfer to Queen Valley ownership of a used truck; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS,pursuant to A.R.S.§ 11-952(A),public entities may enter into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities. 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 Intergovernmental Agreement for Transfer of City of Apache Junction used truck to the Queen Valley Fire Department and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2.Staff shall record such document in the Pinal County Recorder's office within sixty (60)days after full execution by both entities. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1STH DAY OF DFCFMRFP 2007 . SIGNED AND ATTESTED TO THIS 18TH DAY OF DECEMBER ,2007. RESOLUTION NO. 07-53 PAGE 1 OF 2 JAWN S. INSALACO Yor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c:Zf 1-2 o7 RICHARD J. STERN City Attorney RESOLUTION NO. 07-53 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED WATER TRUCK TO THE QUEEN VALLEY FIRE DEPARTMENT THIS AGREEMENT is made and entered into this / P/fi—day of 2007, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "Apache Junction"), and the QUEEN VALLEY FIRE DISTRICT, a special taxing district (hereinafter referred to as "Queen Valley"). WITNESSETH: WHEREAS, Apache Junction is in possession of among other things, a used water truck that is no longer in service; and WHEREAS,Queen Valley is in need of this water truck and other equipment for fire fighting functions; and WHEREAS, Apache Junction desires to provide Queen Valley the used water truck and other equipment which is of minimal value to Apache Junction; and WHEREAS, Apache Junction desires to avoid the expense of disposing of the water truck and other equipment; and WHEREAS, mutual cooperation would result in Queen Valley's obtaining equipment from Apache Junction,and Apache Junction would avoid expenditure of public funds for disposing of such equipment by directly relinquishing ownership to Queen Valley; and WHEREAS,this Intergovernmental Agreement ("IGA")will promote efficiency in the use of public funds and will encourage future cooperation between both public entities; and WHEREAS, pursuant to Arizona Revised Statutes Annotated ("A.R.S.") Section 11-951,et seq.,the parties are authorized to enter into intergovernmental agreements for the purposes of exchanging property and taking joint or cooperative action. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties to this Agreement agree as follows: 1.Queen Valley's Obligations: A.Pick up any offered equipment at the Apache Junction Public Works Department and transport it to Queen Valley.Such "equipment" is defined as any automobiles, trucks and other miscellaneous used equipment. B.Accept equipment ownership transfer documents from Apache Junction, forward to Department of Motor Vehicles, and provide conformed copies to Apache Junction. C.Provide accounting of received equipment to Apache Junction at the time of receipt of any transferred equipment. 2.Apache Junction's Obligations: A.Remove or cause to remove all "City of Apache Junction" insignias, seals and other markings on used vehicles. B.Provide at no charge the surplus equipment to Queen Valley. 3.Indemnification and Insurance.To the extent permitted by law, Queen Valley covenants and agrees to fully indemnify,hold harmless and defend Apache Junction and its directors,officers,agents,servants and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by Apache Junction or its directors, officers, servants, employees or agents.If any action or claim shall be brought or asserted against Apache Junction or its directors,officers,agents,servants or employees for which indemnity may be sought from Queen Valley, then Apache Junction, or any such person, shall promptly notify County in writing.Queen Valley shall, within ten (10) working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any attorney fees and all court costs that shall be paid as incurred.This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of Queen Valley, its directors, employees and agents.It is understood and agreed that Queen Valley may elect to self -insure or obtain insurance through its pooling agreement with other governmental entities against any or all of the risks related to this Agreement.Queen Valley shall provide Apache Junction with a current insurance certificate or other evidence of coverage as appropriate, Queen Valley shall also deliver to Apache Junction upon execution of this Agreement a statement from its insurance company that Apache Junction, its, officers, agents, and employees are additional insured parties.This section shall survive the expiration or early termination of this Agreement. 2 4.Duration of Agreement/Termination.This Agreement shall be valid upon execution and shall continue for a term of one (1)year,but shall automatically renew for ten (10) years unless either party terminates this Agreement for any reason upon sixty (60) days' written notice to the other party by overnight delivery service or first class certified mail,postage prepaid,addressed to the other party as set forth in Section 9 of this Agreement. 5.Binding Effect.The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors,assigns and legal representatives.Neither party may assigns its rights under this Agreement without the prior written approval of the other party.Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior party and shall further agree to be bound by and to fully perform the terms of this Agreement. 6.Entire Agreement.This instrument contains the entire agreement between the parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, discussions and representations related thereto.No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the parties. 7.Severability.In the event that any sentence, paragraph, provisions or other portion of this Agreement is declared by a court of competent jurisdiction to be void, such sentence, paragraph, provision or portion of this Agreement shall be deemed severed from the remainder of this Agreement and the balance of this Agreement shall remain in effect. 8.Governing Law.Venue and Attorney Fees.The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona.The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county.In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorneys fees to be determined by the court in such action. 9.Notices.All notices and insurance certificates required under this Agreement shall be sent as follows: 3 If to Apache Junction: And a Copy to: Doug Dobson, Interim Public Works Director Public Works Department 575 E. Baseline Ave. Apache Junction, AZ 85219 R. Joel Stern, City Attorney 300 E. Superstition Blvd. Apache Junction, AZ 85219 If to Queen Valley Fire District: Cecil Fendley 1494 Queen Valley Drive Queen Valley, AZ 85218 10.Conflicts of Interest.The provisions of A.R.S.Section 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. ATTEST: ATTEST: Kathleen Connelly, City Clerk QUEEN VALLEY FIRE DISTRICT, a special taxing district Its: THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation 4 COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. o A James P. Walsh, County Attorney /a.T fox Date 4 1R -4e-14 lakak- I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. R. Joel Stern Date Apache Junction City Attorney 5