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Home My WebLink AboutRES 09-44RESOLUTION NO. 09-44 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED CITY POLICE VEHICLE(S) AND LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF MIAMI, ARIZONA. WHEREAS,the City of Apache Junction,Arizona,an Arizona municipal corporation (hereinafter referred to as "Apache Junction"),and the Town of Miami,Arizona,an incorporated Arizona Town (hereinafter referred to as "Miami")desire to enter into an Intergovernmental Agreement ("IGA")allowing Apache Junction to transfer to Miami ownership of a used police vehicle and law enforcement equipment that is no longer in service; 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 police vehicle(s) and law enforcement equipment to the Town of Miami 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. RESOLUTION NO. 09-44 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF OCTOBER,2009, and SIGNED AND ATTESTED TO THIS 20TH DAY OF OCTOBER ,2009. JO VS.INSALACO Ma 'or ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 09-44 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED CITY POLICE VEHICLE(S) AND LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF MIAMI THIS AGREEMENT is made and entered into this day of , 2009, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "Apache Junction"), and THE TOWN OF MIAMI, ARIZONA, an incorporated Arizona Town (hereinafter referred to as "Miami"). W I T N E S S E T H : WHEREAS, Apache Junction is in possession of among other things, a used police vehicle and law enforcement equipment that is no longer in service; and WHEREAS, Miami is in need of this police vehicle and law enforcement equipment; and WHEREAS, Apache Junction desires to provide Miami the used police vehicle and law enforcement equipment which is of minimal value to Apache junction; and WHEREAS, Apache Junction desires to avoid the expense of disposing of the used police vehicle and law enforcement equipment; and WHEREAS,mutual cooperation would result in Miami's obtaining the vehicle and used equipment from Apache Junction, and Apache Junction would avoid expenditure of public funds for removing Apache Junction markings and equipment by directly relinquishing ownership of this vehicle to Miami rather than preparing it for an Apache Junction public auction; 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.Miami's Obligations A.Accept vehicle ownership transfer documents frOm Apache Junction, forward to Department of Motor Vehicles, and provide conformed copies to Apache Junction. B.Accept vehicle ownership and provide for removal from Apache Junction,575 East Baseline Avenue,during regular business hours (8 a.m.to 5 p.m.)Monday through Friday. C.Remove or cause to remove all "Apache Junction Police Department" insignias, seals and other markings on used vehicle(s),replace with "Town of Miami Police Department" decal/insignias, or other markings clearly indicating that such vehicle(s)are fleet law enforcement vehicle(s) and are used exclusively for law enforcement purposes.Allow Apache Junction to inspect such conversion of all vehicle(s). D.Provide accounting of received equipment to Apache Junction at the time of receipt of any transferred equipment. 2.Apache Junction's Obligations A.Execute the appropriate Department of Motor Vehicles change of ownership/transfer documents,and provide original copies to Miami for the vehicle(s). B.Provide vehicle with complete light bars, sirens, and other law enforcement equipment if so originally equipped when in service with Apache Junction. C.Inspect the vehicle(s)once converted into Town of Miami law enforcement vehicle(s). 3.Indemnification and Insurance.To the extent permitted by law,Miami 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 2 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 Miami, then Apache Junction, or any such person,shall promptly notify County in writing.Miami 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 Miami, its directors, employees and agents.It is understood and agreed that Miami 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.Miami shall provide Apache Junction with a current insurance certificate or other evidence of coverage as appropriate,Miami 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. 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 assign 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 3 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./n 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: If to Apache Junction: David Fern Public Works Director City of Apache Junction Public Works Department 575 E. Baseline Ave. Apache Junction, AZ 85119 And a Copy to: If to Miami: And a Copy to: Richard J. Stern, City Attorney 300 E. Superstition Blvd. Apache Junction, AZ 85219 Dan Rodriquez, Police Chief 500 Sullivan St. Miami,AZ 85539 William L. Clemmens Miami Town Attorney 4 Miami Town Attorney 500 Sullivan St. Miami,AZ 135539 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: ..(kYeoclio 20iitiki Town Clerk ATTEST: Kathleen Connelly, City Clerk TOWN OF MIAMI, an Arizona Town By:6‘7;y , "Chu Can'les, Mayor THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John Insalaco, Mayor 5 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. William L. Clemmens, Miami Town Attorney Date / 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. c1-30 09 Richard J. Stern, Apache Junction City Attorney Date 6