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HomeMy WebLinkAboutRES 17-04RESOLUTION NO. 17-04 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 PINAL COUNTY FOR THE CITY'S PARTICIPATION IN THE PINAL COUNTY HOSTED ANNUAL SAFETY ROADEO. WHEREAS,the City of Apache :junction ("City")and Pinal County ("County")desire to enter into an intergovernmental agreement ("IGA")to provide for participation in the County's annual Safety Roadeo event; and WHEREAS,the Annual Safety Roadeo provides a competition where public agencies demonstrate their equipment operating and safety compliance talent and abilities; and WHEREAS,pursuant to A.R.S.§-11-952(A),public entities may enter into intergovernmental agreements with other municipalities and governmental entities (the "Parties")for joint or cooperative activities; and WHEREAS,the Parties have crafted the attached written agreement in the form of an intergovernmental agreement which formalizes the arrangement. 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 intergovernmental agreement for the City's participation in the County hosted Safety Roadeo set forth in Attachment A; 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 and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUN IL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS c:R/i'rDAY O F , 2017. -rSIGNED AND ATTESTED TO THIS -0‘r)1,/5 DAY OF jiEriek4(4 4 Y 2017. RESOLUTION NO. 17-04 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 17-04 PAGE 2 OF 2 Attachment A INTERGOVERNMENTAL AGENCY AGREEMENT THIS AGREEMENT is entered into this Day of 2017, by and between Pinal County, a political subdivision of the state of Arizona, hereinafter referred to as "County", and the City of Apache Junction, an Arizona municipal corporation, hereinafter referred to as "Participating Agency." Witnesseth: WHEREAS,Pinal County conducts an annual Safety Roadeo to encourage the safe operation of equipment by its employees; and, WHEREAS,Pinal County may have availability to accommodate additional participants in the Safety Roadeo and may allow qualified employees from other agencies within the State of Arizona, to participate in the Roadeo; and, WHEREAS,Participating Agency has desire for its employee(s) to participate in the County's Safety Roadeo when availability permits; and, WHEREAS,the parties are authorized to enter into intergovernmental agreements for purposes contemplated herein, pursuant to A.R.S. § 11-952 et seq. NOW, THEREFORE,the participants to this agreement agree as follows: 1.Participating Agency shall permit only qualified employees to attend the Safety Roadeo.In order to be qualified, the employee must: a.Have a valid Arizona Driver's License AND any/all permits, licenses and /or training to operate such equipment he/she is to operate during the Safety Roadeo in compliance with State and Federal laws governing the operation of such equipment; b.Complete and sign the registration form provided by County to indicate supervisor's verification that employee is trained and/or licensed on the equipment registered to operate during the Safety Roadeo. 2.County may, in its sole discretion, disqualify any participant who fails to conduct himself/herself in a safe and professional manner. 3.Participating Agency shall, to the extent permitted by law, indemnify, defend and hold harmless Pinal County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, or damages which results from any negligent act or omission of Agency, its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to County negligence. 4.Participating Agency shall reimburse County for costs incurred for Agency's employees participating, in the amount set forth on the registration form, which may vary annually.Payment must be made prior to the date of the event in order for Agency's employees to participate. 10092013.DOC 5.This IGA shall be effective as of the signature date of the last party to sign this IGA, and shall remain in effect unless and until terminated. Either Party may terminate this Agreement upon 30 days' written notice to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date set forth below their representatives' respective signatures. THE CITY OF APACHE JUNCTION,PINAL COUNTY, an Arizona municipal corporation a political subdivision of the State of Arizona, Jeff Serdy, Mayor Steve Miller, Chairman Board of Supervisors ATTEST: Kathy Connelly, Clerk Pursuant to A.R.S. § 11-952 (D) the undersigned attorney has reviewed the Intergovernmental Agreement between Pinal County and City of Apache Junction, and determined that it is in proper form and within the powers and authority granted to the City of Apache Junction under the laws of Arizona. Attorney for City of Apache Junction: Joel Stern City Attorney Date ATTEST: Sheri Cluff, Clerk Pursuant to A.R.S. §11-952 (D) the undersigned attorney has reviewed the Intergovernmental Agreement between Pinal County and City of Apache Junction, and determined that it is in proper form and within the powers and authority granted to Under the laws of Arizona. PINAL COUNTY ATTORNEY Kent Volkmer Deputy County Attorney Date 10092013.DOC INTERGOVERNMENTAL AGENCY AGREEMENT THIS AGREEMENT is entered into this Day of 2017, by and between Pinal County, a political subdivision of the state of Arizona, hereinafter referred to as "County", and the City of Apache Junction, an Arizona municipal corporation, hereinafter referred to as "Participating Agency." Witnesseth: WHEREAS,Pinal County conducts an annual Safety Roadeo to encourage the safe operation of equipment by its employees; and, WHEREAS,Pinal County may have availability to accommodate additional participants in the Safety Roadeo and may allow qualified employees from other agencies within the State of Arizona, to participate in the Roadeo; and, WHEREAS,Participating Agency has desire for its employee(s) to participate in the County's Safety Roadeo when availability permits; and, WHEREAS,the parties are authorized to enter into intergovernmental agreements for purposes contemplated herein, pursuant to A.R.S. § 11-952 et seq. NOW, THEREFORE,the participants to this agreement agree as follows: 1.Participating Agency shall permit only qualified employees to attend the Safety Roadeo.In order to be qualified, the employee must: a.Have a valid Arizona Driver's License AND any/all permits, licenses and /or training to operate such equipment he/she is to operate during the Safety Roadeo in compliance with State and Federal laws governing the operation of such equipment; b.Complete and sign the registration form provided by County to indicate supervisor's verification that employee is trained and/or licensed on the equipment registered to operate during the Safety Roadeo. 2.County may, in its sole discretion, disqualify any participant who fails to conduct himself/herself in a safe and professional manner. 3.Participating Agency shall, to the extent permitted by law, indemnify, defend and hold harmless Pinal County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, or damages which results from any negligent act or omission of Agency, its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to County negligence. 4.Participating Agency shall reimburse County for costs incurred for Agency's employees participating, in the amount set forth on the registration form, which may vary annually.Payment must be made prior to the date of the event in order for Agency's employees to participate. 10092013.DOC 5.This IGA shall be effective as of the signature date of the last party to sign this IGA, and shall remain in effect unless and until terminated. Either Party may terminate this Agreement upon 30 days' written notice to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date set forth below their representatives' respective signatures. THE CITY OF APACHE JUNCTION,FINAL COUNTY, an Arizona municipal cprporation Jeff y, Kathy Connelly, Clerk Pursuant to A.R.S. § 11-952 (D) the undersigned attorney has reviewed the Intergovernmental Agreement between Pinal County and City of Apache Junction, and determined that it is in proper form and within the powers and authority granted to the City of Apache Junction under the laws of Arizona. Attorney for City of Apache Junction: Joel Stern City Attorney 1617 Date a political subdivision of the State of Arizona, Steve Miller, Chairman Board of Supervisors ATTEST: Sheri Cluff, Clerk Pursuant to A.R.S. §11-952 (D) the undersigned attorney has reviewed the Intergovernmental Agreement between Pinal County and City of Apache Junction, and determined that it is in proper form and within the powers and authority granted to Under the laws of Arizona. FINAL COUNTY ATTORNEY Kent Volkmer Deputy County Attorney Date 10092013.DOC