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Home My WebLink AboutRES 10-37RESOLUTION NO. 10-37 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 ARIZONA DEPARTMENT OF TRANSPORTATION FOR TRAFFIC SIGNAL EMERGENCY VEHICLE PREEMPTION MAINTENANCE. WHEREAS,the City of Apache Junction and the Arizona Department of Transportation ("ADOT")desire Eo enter into an intergovernmental agreement for the maintenance of emergency vehicle preemption devices on select ADOT traffic signals within the city; and WHEREAS,mutual cooperation in providing related governmental services,materials and equipment will result in public savings to both entities; and WHEREAS, pursuant to A.R.S. §§ 11-952(A) and 28-401, public entities may enter .into agreements with each other 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 hereby approve the attached intergovernmental agreement between the City of Apache Junction and the Arizona Department of Transportation 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 19TH DAY OF OCTOBER 2010. SIGNED AND ATTESTED TO THIS 19TH DAY OF OCTOBER , 2010. &(39HN S. INSALACO Wayor RESOLUTION NO. 10-37 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4 0_10-102 10 RICHARD J. STERN City Attorney RESOLUTION NO. 10-37 PAGE 2 OF 2 ATTACHMENT A ADOT File No.: IGA/JPA 09-165-1 AG Contract No.: P001 2010 003048 Project: Master Electrical Maintenance Section: City Limits TRACS No.:MAINTAGR Budget Source Item No.:n/a INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2010, pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the ucity). The State and the City are collectively referred to as "Parties". THIS AGREEMENT,relative to the maintenance of all signal electrical elements included herein, will work in concert with the agreement(s) listed below and any subsequent amendments. In the event question(s) arise, this Agreement will take precedence. ADOT FILE NO.A.G. CONTRACT NO.SECRETARY OF STATE FILE NO. JPA 05-111 KR06-0322TRN 28264 JPA 93-076 KR93-1425TRN 17144 I.RECITALS 1.The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2.The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3.The Parties agree it is necessary and desirable for the safety and protection of the traveling public, that certain operation and maintenance activities be provided for electrical facilities within City limits on SR 88,US60 and old US60 (Apache Trail).Said facilities include traffic signals,related intersection lighting and emergency vehicle preemption (EVP) equipment for locations listed on Exhibit A, attached hereto and made a part hereof. 4.The Parties hereto agree to and acknowledge the following conditions: a) the Parties shall perform their responsibilities consistent with this Agreement; and b) any change or modification will only occur with the mutual written consent of both Parties by amendment to this Agreement. THEREFORE,in consideration of the mutual Agreements expressed herein, it is agreed as follows: II.SCOPE OF WORK 1.The State will: a.Be responsible for all bluestaking, operation and maintenance of traffic signals,related intersection (traffic signal) lighting and EVP equipment per Exhibit A. Operation and maintenance shall include, but is not limited to,any traffic signal timing adjustments and replacement of component replacement parts for State-owned facilities, with the exception of EVP components. b.Be responsible for monthly telephone charges for traffic signal interconnect circuits when utilized. c.Provide maintenance to the EVP system, including an annual inspection of the EVP systems with personnel from the City, and keeping up-to-date records of all inspections. Upon completion and acceptance of EVP installation by the City of EVP systems, obtain training for State maintenance personnel from the City, along with bench stock EVP parts. 2.The City will: a.Be responsible for the cost of electrical power to operate traffic signals and related signal/intersection lighting, all at City expense, at locations on Exhibit A unless so noted. b.Provide and install EVP equipment at project locations under this Agreement, all at City expense. c.Cause a representative of the EVP supplier or manufacturer to be present during installation and initial operational tests. Said representative shall provide State maintenance personnel any needed training at City expense for EVP equipment, including all applicable aspects of installation, operation and maintenance of the EVP system. d.Provide the State one emitter for testing the EVP system at no cost to the State. e.Maintain a reasonable inventory of replacement EVP parts necessary for repair of all the equipment. f.Provide personnel to coordinate with the State on their annual inspections of the EVP systems for locations under this Agreement. III.MISCELLANEOUS PROVISIONS 1.The terms, conditions and provisions of this Agreement shall remain in full force and effect and are incorporated herein. However,it is understood and agreed that, in the event the City fails to budget or provide for electrical power, as set forth in this Agreement, the State shall in no way be obligated to be responsible. Further, this Agreement may be cancelled at any time upon sixty days (60) written notice to the other party. Each Party's obligations shall survive any termination of this Agreement, as they are perpetual, unless amended or turned over to the other Party. 2.Each party (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 other expenses (including, but not limited to, reasonable attorneys' fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death), property damage and any other claims (including, but not limited to, claims of derivative or vicarious liability), which are caused by the act, omission, negligence, misconduct or other fault of the indemnitor, its officers, officials, agents, employees or volunteers. 3.This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 4.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511. 5.To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. 6.In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518. 7.All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation Joint Project Administration 205 S. 17th Avenue, Mail Drop 637E Phoenix, Arizona 85007 (602) 712-7124 (602) 712-3132 Fax City of Apache Junction Attn: Public Works Director 300 E. Superstition Blvd. Apache Junction, AZ 85119 (480) 982-1055 (480) 474-5110 Fax 8.This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 09-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non -Discrimination". 9.Non -Availability of Funds:Every payment obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 10. Compliance requirements for Arizona Revised Statutes §41-4401—immigration laws and E -Verify requirement: a.The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes § 23-214, Subsection A. b.A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the City may be subject to penalties up to and including termination of the Agreement. c.The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a). 11. Pursuant to Arizona Revised Statutes § 35-391.06 and § 35-393.06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran.For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or § 35-393, as applicable.If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 12. In accordance with Arizona Revised Statutes,§ 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF,the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO SAM MAROUFKHANI, P.E. Mayor Deputy State Engineer, Development ATTEST: By KATHY CONNELLY City Clerk IGA/JPA 09-165-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION,an Agreement among public agencies which,has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of 0C+562/A., 2010 City Attorney EXHIBIT A IGA/JPA 09-165-1 REGION 1 ADO/ Maintenance NILE ELECTRIC POWER TURN ON OISCCMAPHIC ROUTS LOCATION UNIT POST NA/NT PAID CO DATE LOCATION COMM:NTS BY LitersOCtion in Apache Junction City Unite 0S60X 9 Old West Highway 36006 194.02 Aim City LAP 10/30/84 Apache Junction 5 meridian Drive US60 9 ironwood Drive 31308 195.40 Apo/ .City OAP 00/16/91 Apache Junction 0060 o Idaho Road (080)31608 196.40 ADO?City CRP 00/21/91 Apache Junction 0560 0 Mountain View Rd. R.32500 199,571 ADO/City SRP 07/09/03 Apache Junction 4802 B. Highway 60 0060 0 Tomahawk Road 31900 197.39 ADO?City SAP 09/17/91 Apache Junction 3195 S. Tomahawk Rd. 1.1060 0 Goldfield Road 322013 198.39 ADOT ' City SOP 06/16/91 Apecbe.Junctlon .. 9360 e Superstition Mountain Dr.320013 201.15 ADO?Pinal SOP 12/27/00 Apache Junction 5340 S. Superstition Or. S069 0 Southern Avenue 03908 194.39 ADO?.City SAP 11/17/94 Apache Junction 811013 8 16th Ave.37700 195.86 ADO?City SOP 12/27/07 Apache Junction By Fire Station JPA2005-111 0088 0 Broadway Avenue ,..,03508 195.37 ADOT City SRP 01/08/93 Apache'Junction• 6068 0 Old 9060 37100 195.73 ADOT City SOP 11/27/84 Apache Junction MBA .N Apache Trail 03808 196.14 SCOT City 6119 01/15/93 Apache Junction