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HomeMy WebLinkAboutRES 09-52RESOLUTION NO. 09-52 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 EQUIPMENT TO THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT. WHEREAS,the City of Apache Junction, Arizona,an Arizona municipal corporation (hereinafter referred to as "City"),and the Apache Junction Unified School District,a special taxing district (hereinafter .referred to as "AJUSD"), desire to enter into an Intergovernmental Agreement ("IGA")allowing City to transfer to AJUSD ownership of a used Broce Broom 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 enforcement equipment to the Apache Junction Unified School District 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 5TH DAY OF JANUARY,2010, and SIGNED AND ATTESTED TO THIS 5TH DAY OF JANUARY,2010. J 1 4 4 /4'4 4 L — CAN S. INSALACO Mayor RESOLUTION NO. 09-52 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 1-5/0 RICHARD J. STERN City Attorney RESOLUTION NO. 09-52 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF -APACHE JUNCTION USED EQUIPMENT AND VEHICLES TO THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made and entered into this day of , 2010, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City"), and the APACHE JUNCTION UNIFIED SCHOOL DISTRICT, la special taxing district (hereinafter referred to as "AJUSD"), both of which may be referred to collectively as the "Parties" or individually as a "Party". RECITALS 1.City is currently in possession of a used Broce Broom street sweeper that is no longer in City service. 2. AJUSD is in need of this item. 3.It is also anticipated that the City will in the future be in a position to provide other used equipment and used vehicles to AJUSD. 4.City desires to provide AJUSD the used Broce Broom and other used equipment and vehicles in the future which is of minimal value to City, 5.City desires to avoid the expense of disposing of the Broce Broom and other used equipment and vehicles that the City will no longer use in the future. 6.Mutual cooperation would result in AJUSD's obtaining the Broce Broom and other future used equipment and vehicles from City, and Sty would avoid expenditure of public funds for disposing of such items by directly relinquishing ownership to AJUSD. 7.This Intergovernmental Agreement ("IGA") will promote efficiency in the use of public funds and will encourage future cooperation between both public entitles. 8.Pursuant to Arizona Revised Statutes Annotated ("A.R.S.") p11-951, et seq.,the Parties are authorized to enter into intergovernmental agreements for the purposes of exchanging property and taking joint or cooperative action. AGREEMENT NOW, THEREFORE, in consideratiod• 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.AJUSDes Obligations A. Accept ownership from City and provide for removal of the Broce Broom (Model H-20 street cleaning machine Serial # 6088 1345) from City at 575 East Baseline Avenue, Apache Junction, Arizona,during regular business hours (8 a.m.to 5 p.m.) Monday through Friday. B. Agree and acknowledge that City is transfeffing ownership of the Broce Broom to AJUSD with all faults and any defective condition*without any warranties of any kind,including without limitation, any general implied warranties or implied warranties of merchantability or fitness for a particular purpose. C. Agree and acknowledge that City would in the future if City decides it is appropriate,to make available other used municipal equipment and vehicles for AJUSD's use.If AJUSD chooses to accept equipment or vehicles in the future, AJUSD agrees to accept such items with all faults and any defective conditions,without any warranties of any kind,including without limitation, any general implied warranties or implied warranties of merchantability or fitness for a particular purpose. D. Accept equipment bill of sale documents from City for future equipment and any appropriate Motor Vehicle Division change of ownership/transfer documents. E. Provide accounting of received equipment and vehicles to City at the time of receipt of any transferred equipment vehicles. F.If AJUSD chooses to accept equipment or vehicles in the future, AJUSD will accept the future other equipment and vehicles from the City under the same terms and conditions of the remainder of this Agreement. 2.City's Obligations A. Remove or cause to remove all "City of Apache Junction" Insignias, seals and other markings on used City equipment/City Vehicles. B. Transfer ownership of used equipment/vehicles to AJUSD free and clear of any expectation that said equipment/vehicles will be returned to City if AJUSD no longer desires to own, maintain, or operate such items for any purpose. 3.Indemnification and Insurance.To the extent permitted by law, AJUSD covenants and agrees to fully indemnify, hold harmless and defend City and its Mayor and City Council, appointees, agents, 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 City or its Mayor and City Council, appointees, employees or agents.If any action or claim shall be brought or asserted against City or its Mayor and City Council, appointees, employees or agents for which indemnity may be sought from AJUSD, then City, or any such person, shall promptly notify AJUSD in writing.AJUSD 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 AJUSD, its appointees, employees or agents.It is understood and agreed that AJUSD may elect to selfsinsure or obtain insurance through its pooling agreement with other governmental entities against any or all of the risks related to this Agreement.AJUSD shall provide City with a current insurance certificate or other evidence of coverage as appropriate.AJUSD shall also deliver to City upon execution of this Agreement a statement from its insurance company that City,its Mayor and City Council,appointees,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 ten (1 yea* unless either party terminate* 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: If to City$ And a Copy to: David Fern Public Works Director City of Apache Junction Public Works Department 575 E. Baseline Ave. Apache Junction, AZ 85119 Richard J. Stern, City Attorney 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to AJUSD;Dr. Chad Wilson Superintendent of School Apache Junction Unified School District 1575 W. Southern Ave., Ste. 3 Apache Junction, AZ 85120 And a Copy to:Eve A. Parnell, Attorney Hufford, Horstman, Mongini, Parnell & Tucker P.C. 120 N. Beaver St. Flagstaff, AZ 86001 10.Conflicts of Interest.The provisions of A.R.S.111383511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. [SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. APACHE JUNCTION UNIFIED SCHOOL DISTRICT, a special taxing district ATTEST: Jim Lockwood Associate Superintendent ATTEST: Kathleen Connelly, City Clerk By: Dr. Chad Wilson Superintendent of Schools THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. lnsalaco, Mayor STATE OF ARIZONA COUNTY OF PINAL ft $S. The foregoing instrument was acknowledged before me on ,2009, by Chad Wilson, Superintendent of Schools, who acknowledged that he signed the foregoing instrument on behalf of the Apache Junction Unified School District. Notary Public My commission expires: STATE OF ARIZONA COUNTY OF PINAL ) ss. The foregoing instrument was acknowledged before me on 2009, by John S. Insalaco, Mayor of the City of Apache Junction, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My commission expires: 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. Eve A. Parnell, Attorney Date 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. Richard J. Stern, City Attorney Date RESOLUTION NO. 09-53 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS (WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM OR STATE HOUSING FUNDS), CERTIFYING THAT SAID APPLICATION MEETS THE COMMUNITY'S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS, AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION. WHEREAS, the Mayor and City Council of the City of Apache Junction is desirous of undertaking affordable housing development activities; and WHEREAS, the State of Arizona is administering the State Housing Fund Program; and WHEREAS, the State Housing Fund requires that State Housing Funds benefit low income households; and WHEREAS, the activity in the application addresses the community's low-income population housing needs; and WHEREAS, a recipient of State Housing Funds is required to comply with the program guidelines, State and Federal Statutes and regulations. NOW, THEREFORE, BE IT RESOLVED THAT BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The Mayor and City Council of the City of Apache Junction authorize applications to be made to the State of Arizona for funding from the State Housing Fund. 2) Mayor John S. Insalaco is authorized to sign applications and contracts or grant documents for receipt and use of these funds. 3) Mayor John S. Insalaco is authorized to take all actions necessary to implement and complete the activities submitted in said applications. RESOLUTION NO. 09-53 PAGE 1 OF 2 4) The Mayor and City Council of the City of Apache Junction will comply with all State Housing Fund Program Guidelines, State and Federal Statutes and regulations applicable to the State Housing Fund Program (HOME program and/or State Housing Trust Fund) and the certifications contained in the applications. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF DFCEMBFR , 2009. SIGNED AND ATTESTED TO THIS 15TH 2009. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: czNE 11. 18 29 RICHARD J. STERN City Attorney RESOLUTION NO. 09-53 PAGE 2 OF 2 DAY OF DECEMBER INSAfACO or JOHAWS. INSALACO MaKr