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HomeMy WebLinkAboutRES 13-14RESOLUTION NO. 13-14 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH APACHE JUNCTION FIRE DISTICT FOR JOINT PUBLIC SERVICES,MATERIALS,AND EQUIPMENT. WHEREAS, on March 3, 1999, the City of Apache Junction (the "City")and the Apache Junction Fire District (the "District"), also collectively (the "Parties"),entered into an Intergovernmental Agreement ("IGA")for the use of City -provided fueling facilities,waiver of development and building permit fees, and fire safety services; and WHEREAS, on June 2, 2002, City and District entered into an IGA providing for the use of communications equipment by City; and WHEREAS, on January 4, 2005, City and District entered into an IGA providing for additional joint services,including but not limited to safety training,building code enforcement,and communication and safety equipment; and WHEREAS, on January 1, 2006, City and District entered into an IGA providing for 800 MHz Radio Equipment and the sharing of GIS data; and WHEREAS,the Parties are interested in adding additional joint services and combining all prior amendments and versions into one IGA; and WHEREAS,the mutual cooperation on governmental services, materials and equipment would result in public savings and organizational efficiencies; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities, including the City and the District,may enter into intergovernmental agreements with each other to facilitate and share joint or cooperative activities; and WHEREAS,the Parties have the desire and the ability to assist each other and have crafted a written agreement in the form of an IGA which formalizes the arrangement for all RESOLUTION NO. 13-14 PAGE 1 OF 2 currently anticipated joint public services,materials and equipment. •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 attached IGA between City and District for joint public services, materials, and equipment,the form of which is set forth in Attachment A; 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 all Parties. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF MAY , 2013. SIGNED AND ATTESTED TO THIS 7TH DAY OF MAY , 2013. ippr S.I SALACO 'ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 13-14 PAGE 2 OF 2 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 INTERGOVERNMENTAL AGREEEIVIENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION FIRE DISTRICT FOR JOINT PUBLIC SERVICES, MATERIALS, AND EQUIPMENT THIS AGREEMENT is made and entered into this day of , 2013, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City") and APACHE JUNCTION FIRE DISTRICT, a special taxing district (hereinafter referred to as "District"), both collectively being referred to herein as the "Parties", or individually, as a "Party". REC1TALS:A.On March 3, 1999, City and District entered into an Intergovernmental Agreement ("IGA") for the use of city -provided fueling facilities, waiver of development and building permit fees, and fire safety services. B. On June 2, 2002, City and District entered into an IGA providing for the use of communications equipment by City. C. On January 4, 2005, City and District entered into IGA providing for additional joint services, including but not limited to safety training, building code enforcement, and communication and safety equipment. D. On January 1,2006, City and District entered into an amended IGA providing for 800 MHz Radio Equipment and the sharing of GIS data. E. The Parties are interested in adding additional joint public services and combining all prior amendments and versions into one IGA F. The mutual cooperation on governmental services, materials and equipment would result in public savings and governmental efficiencies. G. The Parties have the desire and the ability to assist each other and are each authorized to enter this agreement pursuant to A.R.S. § 11-951 .tseq. AGREEMENT 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 agree as follows: 1.PURPOSE The purpose of this Agreement is set forth the services, materials and equipment used between the Parties for the benefit of the Apache Junction Community. 2.CITY AND DISTRICT SERVICES A.TRAIN INGASSISTANCE L District's Obligations: a.At the request of City, participate with City in developing /conducting public information and safety education programs including, but not limited to: First Aid Training, Cardio Pulmonary Resuscitation ("CPR") TraininEi, Cardio Cerebral Resuscitation ("CCR") Training, Fire Drill Training, and Fire & Life Safety Inspections of City Facilities at the sole cost of District. ii.City's Obligations: a.Coordinate with District and make all arrangements for first aid, CPR/CCR and fire drill training to include time, location and attendees. b.City will pay for or reimburse District the cost of training materials for first -aid, CPR/CCR, fire drill training and firelsafety inspections. B.FUELING FACILITIES i.District's 0 lioations: a.Furnish City with names of District personnel, District vehicle license plate numbers and District vehicle descriptions that will be authorized by District to access City's refueling facilities located at City Department of Public Works facilities, 575 East Baseline Road, Apache Junction, Arizona, or at any other location City moves its refueling facilities to any time during the term of this agreement. 2 b.Pay City the bid (or adjusted) price for fuel based upon the quantity used. c.Pay City a prorated amount based on use share of the cost of pump maintenance and any gasoline clean up. d.Pay City the cost of any damages to the fueling facility, Intentionally or negligently caused by District its officers, employees or agents. e.Provide padlock for the double -hasp locking device to secure fuel pump area allowing for 24 hour access. ii.City's Obligations: a.Furnish District with authorization and access Information, in format chosen by City, for use by District personnel at the automated fueling island. b.Provide District with a monthly statement showing a cost breakdown by vehicle of the quantity of fuel disbursed. c.Under normal, non -emergency conditions, and at its sole discretion, temporarily limit or discontinue access to the fueling facilities for purposes of facility repairs and maintenance. d.Under emergency conditions due to local, state, national or international crisis involving a fuel shortage, restrict fuel distribution for all non -mission dependent District vehicles. C.BUILDING/FIRE CODE ENFORCEMENT I.District Obligations: a.Enforce the current edition and subsequent updates of the legally adopted fire code and appendices thereto as adopted and amended by City. b.Provide technical support for the prosecution against violators of the legally adopted fire code regulations through City Attorney's Office for complaints filed in the Apache Junction Municipal Court. 3 c.Perform necessary plan reviews within one (1) week following receipt of same to ensure compliance with the legally adopted fire codes and appendices, as noted above. d.Perform inspections at the request of City within forty-eight hours for standard inspections and one (1) hour for emergency inspections. e.Assist and cooperate with City in its abatement of dangerous building efforts within City's jurisdiction. f.Agree that any decision made by District which are upon District's interpretation of the legally adopted fire codes and which are subsequently challenged by any permittse, may be appealed to City's Construction Board of Appeals. Such decision shall be binding on District's Fire Chief and City Building Official as per City policies and procedures. g. Waive fees for City that would normally be charged for permits, inspections, orders, installations, investigations and notifications. h.Notify City of requests for fire permits and refrain from issuing such fire permits which are required pursuant to the legally adopted fire codes until written approval is received from City's Building Division. ii.City's Obligations: a.Enforce the current edition and subsequent updates of Building and Fire Codes and appendices as adopted and amended by City. b.Refrain from issuing building permits and/or certificates of occupancy, other than for a single family dwelling, until written approval or sign -Off -is received from District. c.Perform inspections at the request of District within forty-eight (48) hours for standard inspections and within one (1) hour for emergency inspections. d. Waive fees for District that would normally be charged for permits inspections, orders, installations, investigations and notifications. e.Serve as an agent to collect plan review fees established by District with plan review fees being reimbursed to District. Assist and cooperate with District in the abatement of dangerous buildings efforts located within City's jurisdiction. D.COMMUNICATION EOVIPMENT— SW MHz P25 RADIO SYSTEM I District's Obrgations: a.Coordinate With City System. nable City's use of the 800 MHz P25 Radio •b.Promptly review City's list of proposed communication equipment provided for as set forth below. Approval shall be within the discretion of District; however, such approval shall not be unreasonably withheld. c.Provide City with access to on -site Fire Station Communication Facilities and structures located at Fire Stations equipped with such. d.Allow City to install communication antennas onto District owned communication towers to the extent space is available. e.Provide City with twenty-four (24) hour access to District communication facilities and towers for installation and maintenance of City communication equipment. f.Provide City with ninety (90) calendar days' notice of projected changes to District communication system, allowing City to review and provide comments to encourage compatibility between District and City communication systems. ii.City's Obligations: a.Coordinate with District to enable City's use of the 800 MHz P25 Radio System. b. At its sole expense, be responsible for the programming, upgrades, acquisition, installation and encryption of all City radio equipment including but not limited to fixed, portable and mobile equipment such as hand-held, dash mounted and motorcycle radios compatible with the Communication System.. 5 c.Provide District with a list of City communication equipment proposed for installation at each Fire Station facility and oneach communication tower which shall not interfere with the use and operation of District's fire station communication feicilities. d.Provide District with a list of authorized communication equipment installation and maintenance personnel. e.Perform all necessary installation and maintenance of City equipment at City's sole cost and expense. f.Provide District with ninety (90) calendar day's notice of projected changes to City communication equipment, allowing District to review and provide comments to encourage compatibility between District and City communication systems. g.Comply with District policies and procedures regarding access and operation of District facilities. h.Incur all costs associated with adding or removing equipment to any tower owned or leased by District, including all preliminary structural assessments, maintenance, and associated fees. E.FITNESS FACILITIES i.District's Fitness Facility: a.District's Obligations: (i)Make available its Fitness Facility to authorized personnel of City during hours to be determined by District from time to time which do not conflict with District's operations and the use of the Fitness Facility by District employees. b.City's Obligations: (I) City's employees shall be subject to the rules and regulations put in place from time to time governing the use of the Fitness Facility, including District's right to refuse access to any individual or individuals as District may determine in its sole discretion, which shall not be unreasonably exercised. (ii) Be responsible for damage to District's property arising from the use or misuse of District's property by City employees of District's Fitness Facility. (iii) Acknowledges the use will be unsupervised, each employee using the equipment is responsible for knowing the proper use of the equipment, and each employee shall use the equipment at his or her own risk. (Iv) Hold District harmless for any injury occurring while at District fitness facility. ii.City's Multi -Generational Facility: a.City's Obligation: (i) Make available its Multi -Generational Facility for the purpose of physical fitness for authorized personnel during regular business hours free of charge. Use will be limited to four district employees on any given day, with the occasional addition of a paramedic ride -along student Use will be limited to on -duty hours only. No off -duty use will be allowed. City, at its sole discretion, has the right to refuse access to any individual or individuals, which shall not be unreasonably exercised b.District's Obligation: (i) District's employees shall be subject to the rules and regulations put in place from time to time governing use of City's Multi -Generational Fitness Facility, including City's right to refuse access to any individual or individuals as City may determine in its sole discretion, which shall not be unreasonably. exercised. (ii) Be responsible for damage to City's property arising from the use or misuse of City's property by District employees of City's Multi -Generational Fitness Facility. (iii) Acknowledge the use will be unsupervised, each employee using the equipment is responsible for knowing the proper use of the equipment, and each employee shall use the equipment at his or her own risk. (iv) Hold City harmless for any injury occurring while at the Multi- Generational fitness facility. F.GEOGRAPHIC INFORMATION SYSTEM DATA i.District's Obligations: a.Provide access to City any and all of its Geographic Information System ("GIS") data, and regularly exchange GIS data with City. b.Bill City for City's portion of GIS mapping services, which shall consist of 50% of update fees for all updates done within Apache Junction's incorporated City limits when such charges are incurred by District from outside vendors for the purpose of upgrading any GIS data requested by City. H.City's Obligations: a.Reimburse Districtfor City's portion of the charges and updates completed within Apache Junction's incorporated City limits. City will not pay for any updates to areas outside of the incorporated City limits. b.Pay for 50% of the cost of State Land base maps for lands within the incorporated City limits. G.AED UNITS .District's Obligations: a.Resupply City Automatic External Defibrillators ("AEDs") to locations City identifies, in addition to those already set forth in Exhibit A, at City's expense. b.Provide training for City's designated employees twice a year or as requested by City, at the sole cost of District. c.Maintain records of all AEDs placed in City facilities, and provide regular inspection, maintenance, and medical supplies pursuant to the same standards District uses for its AEDs, at the sole cost of District il.City's Obligations: a.Locate the AEDs in accordance to City's needs, and notify District of all AED locations. b.Notify District and take out of service any AED unit immediately following its use or upon any suspected irregularity, defect, malfunction or other indication of potential safety risks. •c.Be responsible for any damage to the AEDs while in the possession of City and be responsible for the safe keeping, storage and limiting access to the AEDs only to trained City employees. H.SWAT MEDICS I.District's Obligations: a.Designate, from time to time, certain employees with current paramedic certification to serve as SWAT Medics, who shall: (1) be available, upon reasonable notice, and per their availability to train with City's Police Department SWAT Team; (2) remain employees of District; and (3) be available for duty only within fire district boundaries. ii.City's Obligations: a.Provide SWAT Medics with all reasonable and necessary training, at City's sole expense, with yearly training hours not exceeding 74 hours per person unless authorized by District; Off -duty SWAT call out hours will not exceed 50 hours per year unless authorized by District. b.Provide all reasonable and necessary supervision of SWAT Medics during all training and deployment at City's sole expense. c.Provide SWAT Medics with any and all SWAT gear and equipment at no cost to District, inclusive of SWAT medical supplies. d.Ensure that SWAT Medics employed by District will not be required nor will have the option of beingarmed during SWAT training or real event call -outs. PAVING; i.District's Obligations: a.Pay City, at an amount equal to City's cost, for any paving work including labor and materials. ii.City's Obligations: a.Provide paving work, labor and materials, through its Public Works Department to District, upon reasonable notice, and per City schedule availability, and at a cost reasonably estimated by City in advance. J.TRAFFIC SIGN L PREEMPTION SYSTEM: i.District's Obligations: a.Pay City at an amount equal to City's cost for the maintenance of traffic signal preemption devices and equipment located outside of City limits as listed in Exhibit B. b.Provide reasonable notice to City for all requests for service or maintenance of any preemption devices. City's Obligations: a.Provide and,install preemption devices in all new traffic signals. b.Provide maintenance personnel on request by the Arizona Department of Transportation ("ADOT") or District for the maintenance of the preemption devices on the traffic signals listed in Exhibit B. c.Maintain a reasonable inventory of replacement preemption parts necessary for repair of all preemption equipment for the traffic signals listed in Exhibit B. K.FACILITIES & PROPERTIES i.District's Obligations: a.Request, in its sole discretion, the use of certain City owned/ operated facilities for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings for which the sites may include Multi -Generational Building/Rooms, Superstition Shadows Aquatic Center, City Meeting/Conference Facilities to the extent the City has authority to operate the facilities. b.Grant use of its various facilities at the request of•City for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings for which the sites may include Training Tower, Fire Station Bays, Meeting and Conference 10 Rooms, etc. Use may be granted during hours to be determined by District from time to time which do not conflict with District's operator* and the use of the various facilities by District employees. c. Transport all District foliage trimmings to .a single fire station (FS 263) for staging until City can schedule said removal or with prior approval from City, deliver such trimmings directly to City yard •located at 575 E. Baseline Avenue for disposal. d.Make requests for the use of City owned/operated facilities with a 30 calendar day notice whenever possible for planning and authorization. e.Hold City harmless for any injury occurring while utilizing any City owned or operated facilities. ii.City's Obligations: a.Request District to trove Training Tower currently located at 575 E. Baseline Avenue at the sole expense of District with ninety (90) calendar days' notice. b.Provide access to the Public Works yard during regular business hours Monday through Thursday, or through other pre -scheduled arrangements. City may temporarily limit or restrict access to Training Tower for the purpose of site improvements, maintenance or special City operations. c.Request the use of certain District facilities for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings with such sites to include: Training Tower, Fire Station Bays, Meeting and Conference Rooms. d.Grant use of its various facilities at the request of District for various purposes, including but not limited to; training, educational classes, promotional testing, and special meetings with such sites to include: Multi -Generational Building/Rooms, Superstition Shadows Aquatic Center (main pool), City Meeting/Conference Facilities, to the extent City has authority to operate the facilities. Use may be granted during hours to be determined by City from 11 time to time which do riot conflict with City's operations and the use of the various facilities by City employees. e.Allow District to deliver landscaping trimmings and cuttings directly to City's Public Works facility site for disposal and will schedule manpower and equipment to transport stock -piled tree and bush trimmings from a District facility (FS 263) to City's site for disposal. f.Make requests for the use of District facilities with a 30 calendar day notice whenever possible for planning and authorization. g.Hold District harmless for any Injury occurring while utilizing any District facility. L.PUBLIC SERVICE ANNOUNCEMENTS / MARKETING i.District's Obligations: a.Assist City in efforts to market Public Service Announcements ("PSA") or Emergency Announcements that are mutually beneficial to the public safety and well being of the community. b.Make available its facilities and social media sites, including District web site, Face Book Page, Twitter Account, Flicker Page, You Tube Site for the purpose of marketing any mutually beneficial PSA, Emergency Announcement, or Press Release. c.Provide to City quality video -media, photo -media, and audio -media as per the technical specifications required by City with a reservation of right to refuse any media presented. d. Assist with City's Media Producer in joint ventures as requested by City. ii.City's Obligations: a.Assist District in efforts to market Public Service Announcements ("PSA") or Emergency Announcements that are mutually beneficial to the public safety and well being of the community. b.Make available its •advertising resources including but not limited to Lighted Marquee Sign at Phelps & Apache Trail (across from the Focal Point), Banner posts located at City entrances on Apache Trail & Old West Highway, City's Channel 11 Public Access Channel and social media sites, including City web site, Face Book Page, 12 Twitter Account, Flicker Page, YOU Tube Sitefor the purpose of marketing any mutually beneficial PSA, Emergency Announcement, or Press Release. c,Provide District with some allowance and use of peak demand times for PSAs and Emergency Announcements on Channel 11 and the City's lighted marquee sign. d.Provide to District quality video -media, photo -media,• and audio- media as per the technical specifications required by District with a reservation of right to refuse any media presented. e.Assist with District's Multi -Media Specialist in joint ventures as requested by District. M.JOINT SPECIAL EVENT PARTICIPATION I.District's Obligations: a.Assist City during special Community Events sponsored, or co- sponsored by City, including but not limited to Lost Dutchman Days, Special Rodeo Events, Community Parades by providing temporary medical coverage and other District resources when requested by City, and as District resources allow all assistance provided being at the sole cost of District. ii.City's Obligations: a.Allow a minimum notice of 30 calendar days for such events for District planning purposes. 3.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, council members, board members, 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 Patiy or their directors, council members, board members, officers, servants, employees or agents.If any action or claim shall be brought or asserted against either Party their directors, council members, 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 13 within ten (10) working days of receiving such notice, assume the defense e 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, council members, board members, employees and agents. It is 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. 4.DURATION OF AGREEMENT/TERMINATION This Agreement shall be valid for a term of twenty (20) years with joint City and District reviews to be held every three (3) years, based on the effective execution date of this IGA, and shall automatically be renewed every year thereafter. However, either Party may terminate this Agreement for any reason upon sixty (60) 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 9 of this Agreement. 5.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. 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 14 The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring the Parties to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any,related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required.Unless prohibited by applicable laws, the Parties further Shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 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 Pine! 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 includingall litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs 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:City Manager City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 86119 And to:City Attorney 15 Chair City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 Apache Junction Fire District 565 North Idaho Rd. Apache Junction, AZ 85119 And to:Donna Averse Leonard & Felker, PLC 7440 North Oracle Road, Bldg. 2 Tucson, AZ 857046376 to District: Board 10.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. APACHE JUNCTION FIRE DISTRICT, a special taxing district, By: ATTEST: Linda Shank, Clerk of the Board ATTEST: Kathleen Connelly, City Clerk 16 Todd House, Fire Board Chairman THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco, Mayor STATE OF ARIZONA COUNTY OF PINAL ) ss. The foregoing instrument was acknowledged before me , 2013, by Todd House, as Chairman of the Apache Junction Fire District Board, who acknowledged that he signed the foregoing instrument on behalf of District. Notary Public STATE OF ARIZONA COUNTY OF PINAL ) ss. The foregoing instrument was acknowledged before me , 2013, 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 17 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. Donna Averse, Apache Junction Fire District 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, Apache Junction City Attorney Date 18 EXHIBIT A AUTOMATIC EXTRENAL DEFIBRILLATORS PLACED IN CITY FACILITIES; Facility 1.Superstition Aquatic Center 2.Multi -Generational Building 3.Multi -Generational Building 4.Municipal Court Building 5.City Council Chambers 6.Library 7.Development Services (SEE NOTE)300 E. Superstition Blvd. 8.Public Works Facility (SEE NOTE)875 E. Baseline Ave. Address NOTE: 1091W. Southern Ave. 1035.N. Idaho Rd. 1035 N. Idaho Rd. 300 E. Superstition Blvd. 300 E. Superstition Blvd. 1177 N. Idaho Rd. .LocatIon Lifeguard Office Front Desk Senior Center Main Lobby Hallway Main Public Lobby Main Public Lobby Main Public Lobby 11gFleet Bay,1d Floor The initial AED units were not provided at District cost, and are of a different manufacturer than those serviced and maintained by District District will provide regular courtesy inspections, but supplies and service are the sole responsibility of City. 19 EXHIBIT B TRAFFIC SIGNALS OUTSIDE OF CITY OF APACHE JUNCTION WITH TRAFFIC PRE-EMPTION CONTROL: Cross ROads location llkPot Roadway Jurisdiction 9.US 60 & Mountain View Rd.Ad 10. US 60 & Superstition Mt. Blvd,GC 11, US 60 & Mountain Brook Or,GC 12. US 60 & Kings Ranch Rd.GC 13. US 60 & Peralta Trails Rd.GC *Placement and Installation of devices is depen 20 199.5 (approx.)ADOT 201 (approx.)ADOT 202 (approx.)ADOT 202.5 ADOT 204.2 ADOT fi n ADOT approval.