HomeMy WebLinkAboutRES 11-25RESOLUTION NO. 11-25
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 MARICOPA COUNTY
(DEPARTMENT OF TRANSPORTATION) FOR FIRE PREEMPTION
EQUIPMENT INSTALLATION AND MAINTENANCE ON COUNTY OWNED
SIGNALS.
WHEREAS, A.R.S.§ 11-951 and 28-6701 et seq.authorize
Maricopa County (the "County") to layout, maintain, control and
manage public roads within the County; and
WHEREAS, A.R.S.§ 11-951 et seq.authorizes public agencies
to enter into intergovernmental agreements for the provision of
services or for joint or cooperative action; and
WHEREAS, the City of Apache Junction (the "City") has
requested that fire preemption equipment (the "Equipment") be
installed on a County owned traffic signal (the "Traffic
Signal") to accommodate the City's emergency services and the
City may request such installations of Equipment on additional
Traffic Signals in the future; and
WHEREAS, both the City and the County recognize that the
installation of this Equipment is beneficial to the traveling
public and area residents; and
WHEREAS, the cost for the Equipment at any existing or
future Traffic Signal within the City will be the responsibility
of the City; and
WHEREAS, if the County is installing a new Traffic Signal
or modifying an existing one, the County may install the
Equipment to the Traffic Signal, if requested and supplied by
the City; and
WHEREAS, if the County is not installing a new Traffic
Signal or modifying an existing one and the City wants the
Equipment added to an existing Traffic Signal, the County may
allow the City to install the Equipment on Traffic Signals
provided certain criteria are met, as stated below in the terms
of the agreement; and
RESOLUTION NO. 11-25
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WHEREAS, the purpose of this Agreement is to identify and
define both the City's and the County's respective obligations
and responsibilities concerning the installation and maintenance
of Equipment on Traffic Signals in the City.
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 and the County, attached hereto as
Attachment A, and the Mayor is hereby authorized to sign the
agreement on behalf of the City.
2)The City Manager 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 5TO DAY OF JULY
SIGNED AND ATTESTED TO THIS 5TH DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
QZ G•2(1 .11
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-25
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JULY ,2011.
N S. INSALACO
Mayor
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION
FOR FIRE PRE-EMPTION EQUIPMENT INSTALLATION AND MAINTENANCE
ON COUNTY OWNED TRAFFIC SIGNALS
(C-91-11--M-00)
This Intergovernmental Agreement (Agreement)is between the County of Maricopa,a
political subdivision of the State,acting through the Maricopa County Department of
Transportation ("County"),and the City of Apache Junction,a municipal corporation
("City"). The County and City are collectively referred to as the Parties or individually as a
Party.
This Agreement shall become effective as of the date it is approved by the Maricopa County
Board of Supervisors.
STATUTORY AUTHORIZATION
1.A.R.S.§11-251 and §§28-6701 et seq.authorize the County to layout,maintain,
control and manage public roads within the County.
2.A.R.S. §§11-951 et seq.authorize public agencies to enter into Intergovernmental
Agreements for the provision of services or for joint or cooperative action.
BACKGROUND
3.The City has requested that fire pre-emption equipment ("Equipment") be installed on
a County owned traffic signal ("Traffic Signal")to accommodate the City's
emergency services and the City may request such installations of Equipment on
additional Traffic Signals in the future.
4.Both Parties recognize that the installation of this Equipment is beneficial to the
travelling public and area residents.
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5.The cost for the Equipment at any existing or future Traffic Signal within the City will be
the responsibility of the City.
6.If the County is installing a new Traffic Signal or modifying an existing one, the County
may install the Equipment to the Traffic Signal, if requested and supplied by the City.
7.If the County is not installing a new Traffic Signal or modifying an existing one and the
City wants the Equipment added to an existing Traffic Signal, the County may allow
the City to install the Equipment on Traffic Signals provided certain criteria are met, as
stated below in the terms of the agreement.
PURPOSE OF THE AGREEMENT
8.The purpose of this Agreement is to identify and define both Parties'respective
obligations and responsibilities concerning the installation and maintenance of
Equipment on Traffic Signals in the City.
TERMS OF THE AGREEMENT
9.Responsibilities of the County:
9.1 The County shall allow the City to install the Equipment to the Traffic Signals
provided the criteria as identified below in paragraph 10.1, items i through iv,
are met.
9.2 The County shall issue a no cost permit to the City for the installation of the
Equipment on the Traffic Signals.
9.3 The County shall review the Equipment installation plans submitted by the City
and provide comments back within 15 working days from receipt of copies.
9.4 The County shall provide maintenance for the Equipment installed on the
Traffic Signals. If additional parts are needed, the City, at its expense, will
provide the necessary parts to the County.
9.5 The County shall notify the City of any scheduled inspection to the Traffic
Signal and shall permit a Traffic Signal Maintenance Technician II from the City
to accompany the County's inspection technician during the inspection.
9.6 The County shall retain ownership of and responsibility for the Traffic Signals.
10.Responsibilities of the City:
10.1 The City shall install the Equipment to the Traffic Signals under the following
conditions:
i.The City shall use qualified contractors or qualified City traffic signal
technicians to install the Equipment. All signal technicians will have at least
an IMSA Level 2 traffic signal technician certification.
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ii.The City shall ensure that the Equipment is compatible with the Traffic
Signals and controllers.
iii.The City shall be responsible for the cost of the Equipment and its
installation.
iv.The City shall accept all liability associated with the Equipment and its use.
10.2 The City shall provide the Equipment to the County for installation during
construction of a new or upgraded Traffic Signal.
10.3 The City shall incur all costs for the Equipment on new or existing Traffic
Signals whether installed by the City, its contractors or the County.
10.4 The City shall obtain a no cost permit from the County prior to installation when
Equipment is installed by the City.
10.5 The City shall submit copies of the Equipment installation plans to the County
for review and approval.
10.6 The City shall provide, at the City's expense, all necessary parts to the County
for routine maintenance of the Equipment on the Traffic Signals.
10.7 The City shall provide a Traffic Signal Maintenance Technician II to accompany
the County's inspection technician during any scheduled inspection.
GENERAL TERMS AND CONDITIONS
11.By entering into this Agreement, the Parties agree that to the extent permitted by law,
each Party will defend, indemnify and save the other Parties harmless, including any of
the Parties' departments, agencies, officers, employees, elected officials or agents, from
and against all loss, expense, damage or claim of any nature whatsoever which is
caused by any activity,condition or event arising out of the performance or
nonperformance by the indemnifying Party of any of the provisions of this Agreement.
By entering into this Agreement, each Party indemnifies the other against all liability,
losses and damages of any nature for or on account of any injuries or death of persons
or damages to or destruction of property arising out of or in any way connected with the
performance or nonperformance of this Agreement, except such injury or damage as
shall have been occasioned by the negligence of that other Party.The damages which
are the subject of this indemnity shall include but not be limited to the damages incurred
by any Party, its departments, agencies, officers, employees, elected officials or agents.
In the event of an action, the damages which are the subject of this indemnity shall
include costs, expenses of litigation and reasonable attorney's fees.
12.This Agreement shall become effective as of the date it is approved by the Maricopa
County Board of Supervisors and may be recorded with the Maricopa County Recorder,
and remain in full force and effect until all stipulations previously indicated have been
satisfied except that it may be amended upon written Agreement by all Parties.Any
Party may terminate this Agreement upon furnishing the other Parties with a written
notice at least sixty (60) days prior to the effective termination date.
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13.This Agreement shall be subject to the provisions of A.R.S. §38-511.
14.The Parties warrant that they are in compliance with A.R.S. § 41-4401 and further
acknowledge that:
14.1 Any contractor or subcontractor who is contracted by a Party to perform work
on the Project shall warrant their compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with A.R.S.
§ 23-214(A), and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer;
14.2 That any breach of the warranty, shall be deemed a material breach of the
contract that is subject to penalties up to and including termination of the
contract;
14.3 The Parties retain the legal right to inspect the papers of any contractor or
subcontractor employee who works on the Project to ensure that the contractor
or subcontractor is complying with the warranty above and that the contractor
agrees to make all papers and employment records of said employee available
during normal working hours in order to facilitate such an inspection;
14.4 Nothing in this Agreement shall make any contractor or subcontractor an agent
or employee of the Parties to this Agreement.
15.The Parties warrant that they do not have scrutinized business operations in Sudan or
Iran, as prohibited by ARS sections 35-391.06 and 35-393.06, and further acknowledge
that any contractor or subcontractor who is contracted by a party to perform work on the
Project shall warrant that they do not have scrutinized business operations in Sudan or
Iran.
16.Each Party in this Agreement warrants that neither it nor any contractor or vendor under
contract with the Party to provide goods or services toward the accomplishment of the
objectives of this Agreement are suspended or debarred by any federal agency which
has provided funding that will be used in the Project described in this Agreement.
17.This Agreement does not imply authority to perform any tasks,or accept any
responsibility, not expressly stated in this Agreement.
18.This Agreement does not create a duty or responsibility unless the intention to do so is
clearly and unambiguously stated in this Agreement.
19.This Agreement shall not be modified or extended except by written instrument adopted
in accordance with the requirements for adopting a new agreement.
20.This Agreement does not grant authority to control the subject roadway, except to the
extent necessary to perform the tasks expressly undertaken pursuant to this
Agreement.
21.Any funding provided for in this Agreement, other than in the current fiscal year, is
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contingent upon being budgeted and appropriated by the Maricopa County Board of
Supervisors and the Apache Junction City Council in such fiscal year.
22.This Agreement has been arrived at by negotiation and shall not be construed against
any Party or against the Party who prepared the last draft.
23.Unless otherwise lawfully terminated by the Parties, this Agreement shall be set for a
term not longer than ten years, unless both Parties agree to extend or terminate the
Agreement.
24.All notices and demands between the Parties under this Agreement are effective upon
receipt and shall be in writing and hand -delivered or sent by prepaid certified mail,
return receipt requested, through the United States Postal Service to the following:
County:
City:
MCDOT Government Relations
2901 West Durango Street
Phoenix, Arizona 85009
Phone 602-506-8672
City of Apache Junction
Attn: Public Works Director
575 East Baseline Avenue
Apache Junction, Arizona 8511
Phone 602-506-8672
End of Agreement - Signature Page Follows
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
MARICOPA COUNTY CITY OF APACHE JUNCTION
Recommended By:Recommended By:
JR1iinB) Hauskins, P.E.Date George HoffmanTrais Ortation Director City Manager
Approved and Accepted By:Approved and Accepted By:
Date
Andrew Kunasek Date John S. Insalaco Date
Chairman, Board of Supervisors City Mayor
Attest By:Attest By:
Fran McCarroll Date Kathy Connelly
Clerk of the Board City Clerk
Date
APPROVAL OF ATTORNEY FOR COUNTY AND CITY ATTORNEY
I hereby state that I have reviewed the proposed Intergovernmental Agreement and
declare the Agreement to be in proper form and within the powers and authority granted
to the Parties by their respective governing bodies under the laws of the State of
Arizona.
David Benton Date R.J. Stern
Attorney for County City Attorney
Date
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