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HomeMy WebLinkAboutRES 09-10RESOLUTION NO. 09-10 A RESOLUTION OF THE MAYCR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR USE OF CITY FUELING FACILITIES. WHEREAS,the Arizona Department of Public Safety ("DPS") and the City of Apache Junction,an Arizona municipal corporation ("City"),desire to enter into an Intergovernmental Agreement ("IGA")allowing DPS to use City -provided fueling facilities located. at 575 E.Baseline Road,Apache Junction, Arizona; 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 for joint or cooperative action; and WHEREAS,such arrangement will enhance public administration and management of funds, supplies and facilities. 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 between the City of Apache Junction and the Arizona Department of Public Safety for the Use of City Fueling Facilities. 2. The Mayor is hereby authorized to sign the agreement on behalf of the City. RESOLUTION NO. 09-10 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 18THDAY OF AUGUST , 2009. SIGNED AND ATTESTED TO THIS 18TH DAY OF AUGUST , 2009. N S. INBALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: c2dP8.7 09 R. JOEL STERN City Attorney RESOLUTION NO. 09-10 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR USE OF CITY FUELING FACILITIES zi THIS AGREEMENT is made and entered into this g (Iday of 2009,by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City") and THE ARIZONA DEPARTMENT OF PUBLIC SAFETY (hereinafter referred to as "DPS") also collectively referred to as the "Parties". RECITALS 1.The City and DPS desire to enter into an Intergovernmental Agreement for the use of City -provided fueling facilities at 575 East Baseline Avenue (Southeast of Idaho Road and Baseline Avenue). 2.Mutual cooperation on governmental services,materials and equipment would result in public savings to both entities. 3.The parties have the desire and the ability to assist each other. 4.The parties are authorized to enter into this agreement pursuant to A.R.S. § 11-952. AGREEMENT 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.ACCURACY AND INCORPORATION OF RECITALS The Parties acknowledge the Recitals referenced above and incorporate them herein by reference. 2.PURPOSE The purpose of this Agreement is to set forth the services, materials and equipment used between City and DPS for the benefit of the Apache Junction community and the public in general. 3.CITY AND DPS SERVICES A.FUELING FACILITIES i.DPS's Obligations: 1 a.By fax,email or mail, furnish City with current DPS vehicle unit numbers or license numbers (numeric) and DPS vehicle descriptions that will be authorized by DPS to access City fueling facilities located at City's Public Works Yard,575 East Baseline Road,Apache Junction,Arizona,or at any other location the City moves its fueling facilities to any time during the term of this Agreement. b.Pay City for the amount of gasoline and diesel consumed by DPS at a rate of ten (1056) cents per gallon over the City's actual delivered cost for said fuels.All fuel prices increase or decrease in direct relation with the published OPIS average rack price for Phoenix. Payment shall be made within thirty (30) calendar days of receipt of City invoice. c.Pay City the cost of any damages to the fueling facilities, intentionally or negligently caused by DPS, its officers, employees or agents. d.Pay City the cost of any gasoline clean up intentionally or negligently caused by DPS, its officers, employees or agents. e.Take such steps as may be necessary to prevent unauthorized use of PIN numbers and facility access information provided to DPS pursuant to this Agreement. ii.City's Obligations: a.Furnish OPS with PIN number or password information for use by DPS personnel at the automated fueling island. b.Provide DPS with a monthly statement showing a cost breakdown by vehicle of the quantity of fuel disbursed. c.Provide DPS with combination number for combination lock to access fuel station gate for after -hour use. d.Provide access to unleaded gasoline and diesel fuel twenty-four (24) hours per day. 4.FUEL SUPPLY AND USE ACCESS In the event of emergency, the City, at its sole discretion, may direct that access to its fuel supplies and facilities be temporarily limited or discontinued. DPS is not obligated to obtain any specified amount of fuel from the City and may, at its sole discretion, obtain fuel from other parties at any time. 2 5.INDEMNIFICATION AND INSURANCE To the extent permitted by law, the parties covenant and agree to fully indemnify,hold harmless and defend each other and their directors, councilmembers, boardmembers, 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 each party or their directors, councilmembers,boardmembers, officers, servants, employees or agents. If any action or claim shall be brought or asserted against either party or their directors, councilmembers officers, agents, servants or employees for which indemnity may be sought from either party, then the parties shall promptly notify each other in writing.The parties agree to within ten (10) working days of receiving such notice, assume the defense of each other, and the payment of all expenses, including any attorney fees and all court costs which 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 the parties,their directors,councilmembers,boardmembers,employees and agents.It understood and agreed that either party may elect to self -insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement.The parties shall provide each other with a current insurance certificate or other evidence of coverage as appropriate.This section shall survive the expiration or early termination of this Agreement. 6.DURATION OF AGREEMENT/TERMINATION This Agreement shall be valid for a term of twenty (20) years and shall automatically be renewed every year thereafter.However, either party may terminate this Agreement for any reason upon thirty (30) calendar days written notice to the other party by first class certified mail, postage prepaid, or by overnight delivery addressed to the other party as set forth in Section 11 of this Agreement. 7.BINDING EFFECT/ASSIGNMENT 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. 3 8.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. 9.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. 10.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.. To the extent required by A.R.S. §§ 12-1518(B) and 12-133, the Parties agree to resolve any dispute arising out of this agreement by arbitration.However, if such sections do not apply, 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. 11.NOTICES All notices and insurance certificates required under this Agreement shall be sent as follows: If to City: And to: Public Works Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 4 If to DPS:Arizona Department of Public Safety P.O. Box 6638 Phoenix, AZ 85005 12.CONFLICTS OF INTEREST The provisions of A.R.S. § 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: Kathleen Connelly, City Cler ARIZONA DEPARTMENT OF PUBLIC SAFETY By: Roger Vanderpool Its: Director THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: hn Insal Its: 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. Deputy Attorney General 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. 8- 7-0o9 Richard J. Stern, Apache Junction Date City Attorney 6