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Home My WebLink AboutRES 16-26RESOLUTION NO. 16-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,RATIFYING THE JULY 18, 2016 EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF MESA AND APACHE JUNCTION FOR EMERGENCY TRAFFIC SIGNAL REPAIR AND MAINTENANCE SUPPORT SERVICES. WHEREAS,the City of Apache Junction ("Apache Junction") and the City of Mesa ("Mesa")desire to enter into an intergovernmental agreement ("IGA")for Mesa to provide emergency' traffic signal repair and maintenance support services for a limited period of time that would result in public savings; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into IGAs with other municipalities and governmental 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 execution by the mayor of the attached copy of the IGA between the cities of Mesa and Apache Junction for emergency traffic signal repair and maintenance support services is approved by ratification. 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 and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS ( * D A Y OF401-100102016. SIGNED AND ATTESTED TO THIS Co*DAY OFa-491/642016. Ap.RN S. INSALACO Llgayor RESOLUTION NO. 16-26 PAGE 1 OF 2 a6,,, ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 813o,te RICHARD J. STERN City Attorney RESOLUTION NO. 16-26 PAGE 2 OF 2 AGREEMENT BETWEEN THE CITY OF MESA AND THE CITY OF APACHE JUNCTION FOR TRAFFIC SIGNAL REPAIR AND MAINTENANCE 9A-This Agreement is made and entered into this i10 day of 2016, by and between the City of Mesa ("Mesa"), an Arizona municipal corporation, and the City of Apache Junction ("AJ"), an Arizona municipal corporation.In this Agreement, Mesa and AJ may be collectively referred to as "Parties" or individually as a "Party." RECITALS WHEREAS,AJ is in need of assistance with the City traffic signals for a limited period of time; and WHEREAS,Mesa has the ability and resources to provide technical assistance relating to traffic signal emergency repair and maintenance for a limited period of time; and WHEREAS,Mesa agrees to provide traffic signal emergency repair and maintenance to AJ upon request pursuant to the terms set forth in this Agreement. NOW THEREFORE,in consideration of the reciprocal promises contained herein and for other good and valuable consideration, which the Parties acknowledge the receipt and sufficiency, the Parties agree to the following: TERMS 1.Mesa Responsibilities. a.Mesa will provide emergency repair and maintenance on traffic signals to AJ upon request by AJ and so long as Mesa has the resources available to provide such services.Emergency repair and maintenance services shall consist of the following: i.Assistance with flash calls on an as -needed basis ii.Coverage of stand-by time on a periodic basis Other services as mutually agreed upon b.Mesa will serve at the direction of the AJ City Engineer who shall direct the work. The AJ City Engineer shall remain responsible for all traffic signal operations within AJ and nothing in this Agreement shall be construed to change that responsibility to Mesa. c.Mesa will invoice AJ for services performed at AJ's request within thirty (30) days of completing the service. 2.AJ Responsibilities. a.AJ will request service from Mesa for traffic signal outages and traffic signals in need of maintenance with details of location and problems of the traffic signal via email.Such service shall be requested at the direction of the AJ City Engineer. b.AJ shall remain fully responsible for all traffic signal operations within AJ. c.AJ will pay invoices received for Mesa's services pursuant to this Agreement within thirty (30) days of receipt of the invoice. d.To the fullest extent permitted by law, AJ will pay, defend, protect, indemnify and save harmless individually and collectively Mesa and its officials,elected officials, employees, volunteers, and agents, for, from and against all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and costs), causes of action (whether in contact, tort, or otherwise), suits, claims, demands, and judgments of every kind,character and nature whatsoever directly or indirectly arising from or relating to Mesa's performance of services under this Agreement, except to the extent caused by Mesa's negligence. e.AJ will maintain at its expense and in full force during the term of this Agreement, public liability and property damage insurance with the following coverages amounts: i.No less than $500,000 Bodily Injury — Each Person ii.No less than $2,000,000 Bodily Injury — Each Occurrence iii.No less than $2,000,000 Property Damage AJ shall furnish to Mesa a certificate evidencing the fact that such insurance has been obtained and is in full force and effect during the entire term of this Agreement, and that such insurance cannot be cancelled without thirty (30) days prior written notice to Mesa. 3.Term and Termination.This Agreement shall take effect on \J tag I X , 2016, and shall automatically terminate twelve (12) months from the effective date.This Agreement may be terminated without cause by either party upon seven (7) days written notice to the other party. 4.Relationship of the Parties.Mesa and AJ shall perform the duties pursuant to this Agreement as independent agencies.This Agreement shall not create the relationship of employer and employee, partnerships, joint venture or other association.The personnel of AJ or of Mesa will not for any purpose be considered employees or agents of the other. 2 5.Right of Cancellation.This Agreement is subject to cancellation by either party pursuant to the provisions of Arizona Revised Statutes § 38-511. 6.Notices.All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or by United States certified, registered mail return receipt requested, addressed as follows: Mesa:Avery Rhodes, P.E. ITS Engineer City of Mesa PO Box 1466 Mesa, Arizona 85211 (480) 644-4960 AJ: Shane Kiesow Public Works Manager City of Apache Junction 575 E. Baseline Ave. Apache Junction, Arizona 85119 (480) 474-8516 Such addresses may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 7.Entire Agreement.This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.This Agreement supersedes any prior written or oral agreements between the parties.Any changes or modifications to this Agreement shall be made and agreed to by the Parties in writing. 8.Governing Law.This Agreement shall be governed and construed in accordance with the laws of the State of Arizona.Venue shall rest in Maricopa County, Arizona. ATTEST: By: Dee Ann Mickelsen, City Clerk CITY OF MESA, ARIZONA, an Arizona municipal corporann, /v 1/ .. 41/Yfr icV n g,kfrBy:Chris, B Its: 3 CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation 4 A- 42 -et John S. Insalaco It's:Mayor A lIEST: By: Kathy Connelly,Connelly, City Clerk ,e z 02 e /6 e; 4 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 u51er the laws of the State of Arizona. Vighee Jim SrOfh, Mesa City 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. 4•5•16 Richard J. Stern, Apache Junction City Attorney Date 5