HomeMy WebLinkAboutRES 18-22RESOLUTION NO. 18-22
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF
APACHE JUNCTION,ARIZONA TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY ARIZONA
FOR COMMERCIAL DRIVER LICENSE TESTING SERVICES.
WHEREAS,the City of Apache Junction ("City")and Pinal
County ("County")(the "Parties"collectively)desire to enter
into an intergovernmental agreement ("IGA")allowing the sharing
of commercial driver license ("CDL") testing services; and
WHEREAS,the Parties strive to limit operational costs
through intergovernmental cooperation; and
WHEREAS,pursuant to A.R.S.§11-952(A),public entities
may enter into IGAs for joint or cooperative activities; and
WHEREAS,the Parties have crafted the attached written
agreement in the form of an IGA 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 IGA for the
sharing of CDL testing services as 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.
RESOLUTION NO. 18-22
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS /9/1--DAY O F .2e.,,2018.
SIGNED AND ATTESTED TO THIS % %IA DAY OF k22 'i - 11,2018.
JEFF SE
Mayor
ATTEST:
CATHLEEN CONNELLYKATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
6-i 7
RICHARD J.STERN
City Attorney
RESOLUTION NO. 18-22
PAGE 2 OF 2
Attachment A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
PINAL COUNTY
AND
CITY OF APACHE JUNCTION
FOR
COMMERCIAL DRIVER LICENSE TESTING SERVICES
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement")dated the day of
, 20 , is made by and between PlNAL COUNTY, a political subdivision of the
State of Arizona ("County")and CITY OF APACHE JUNCTION,an Arizona municipal
corporation ("City").
RECITALS
A.County and City are authorized pursuant to Arizona Revised Statutes ("A.R.S.") §§
11-251 and 9-240, respectively, to provide Commercial Driver License ("CDL") Testing Services
to their respective employees.
B.County and City are authorized pursuant to A.R.S.§11-951,et seq.to enter into
intergovernmental agreements for the purposes of taking joint or cooperative action.
C.County currently provides CDL Testing Services ("Services")to its employees
desiring to obtain a CDL.
D.The parties desire that County make the Services available to City employees
desiring to obtain a CDL pursuant to the terms and conditions set forth in this Agreement.
E.This Agreement will promote efficiency in the use of public funds and will
encourage future cooperation between the parties.
F.The Parties have mutual interests in this project and wish to enter into this
Agreement with certain terms and conditions.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises
and covenants set forth herein, and for other consideration, the receipt and adequacy of which is
hereby acknowledged, the Parties agree as follows:
1.ACCURACY OF THE RECITALS.The Parties hereby confirm the accuracy of the
Recitals set forth above, which are incorporated herein by this reference.
2.SERVICES.County will make available to City employees the Services as
described in the attached Exhibit A.
3.TERM.This Agreement shall commence upon execution by both parties hereto, and
shall terminate one (1) year thereafter unless terminated sooner as provided in paragraph 9 below.
This Agreement shall automatically renew for successive one (1) year periods unless either party
gives written notice to the other of that party's intention not to renew this Agreement at least
thirty (30) calendar days prior to termination.
4.INDEMNIFICATION AND INSURANCE.To the extent permitted by law, each
Party covenants and agrees to fully indemnify,defend and hold harmless the other Party,its
special districts, elected and appointed officers, employees, and agents from and against any and
all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or
nature relating to this Agreement, including attorney and expert witness fees, which, are the result
of any act or omission of the Party, its officers, employees, contractees, agents, and anyone acting
under its direction or control, whether intentional or negligent, in connection with or incident to
this Agreement.If any action or claim shall be brought or asserted against either Party or its
directors, officers, agents, servants or employees for which indemnity may be sought from either
Party, the Parties shall promptly notify one another in writing.The noticed Party shall, within ten
(10) working days of receiving such notice, assume the defense thereof, and the payment of all
expenses, including any attorney fees and all court costs which shall be paid as incurred.It is
understood and agreed that both Parties 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.This section shall survive the expiration or early termination of this Agreement.
5.INDEPENDENT CONTRACTOR.The parties acknowledge and agree that all
services provided under this Agreement are being performed by County as an independent
contractor and not as an employee or agent of City.This Agreement is not intended to constitute,
create, give rise to or otherwise recognize any agency, partnership or joint venture agreement or
relationship of any kind or create an employer/employee relationship between County and City
and their respective employees, subcontractors, subcontractors' employees or any other persons.
6.NO THIRD PARTY BENEFICIARY.This Agreement shall not create any third
party beneficiary right to any person or entity who is not a party to this Agreement.
7.WORKERS COMPENSATION.Each party hereto shall be responsible for its own
employees' workers' compensation claim, if any arises under the performance of this Agreement.
8.ASSIGNMENT. This Agreement is non -assignable in whole or in part by either
party hereto.
9.NOTICE.All notices and other communications connected with this Agreement
shall be in writing and shall be deemed to have been given when delivered personally or deposited
in a U.S. mail box, in a postage, prepaid envelope addressed to the other party to the address
provided herein:
Pinal County
ATTN:
Florence, AZ 85132
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City of Apache Junction
Public Works Department
ATTN: Public Works Director
575 East Baseline Avenue
Apache Junction, Arizona 85119
10.TERMINATION.This Agreement may be terminated at any time and for any
reason by either party giving the other party at least thirty (30) calendar days prior written notice
of such termination.
11.ENTIRE AGREEMENT.This Agreement and any attachments represent the entire
agreement between City and Consultant and supersede all prior negotiations, representations or
agreements, either express or implied, written or oral.It is mutually understood and agreed that no
alteration or variation of the terms and conditions of this Agreement shall be valid unless made in
writing and signed by the parties hereto.Written and signed amendments shall automatically
become part of the Supporting Documents, and shall supersede any inconsistent provision therein;
provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
12.MODIFICATIONS.This Agreement may not be modified orally or in any manner
other than by an agreement in writing signed by all parties hereto or their respective successors in
interest.
13.SEVERABILITY.City and County 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.
14.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
Pinal 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
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shall recover all costs including reasonable attorneys fees to be determined by the court in such
action.
15.CANCELLATION.This Agreement is subject to cancellation for conflict of
interest without penalty or further obligation as provided by A.R.S. § 38-511.
16.ISRAEL BOYCOTT PROVISION.Each party to this Agreement certifies to the
other that it is not currently engaged in and agrees for the duration of this Agreement not to engage
in a boycott of Israel as defined in A.R.S.§ 35-393.
17.COUNTERPARTS.This Agreement may be executed in counterparts,each of
which shall be an original.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF,these presents are hereby signed and agreed to by the parties hereto.
CITY OF APACHE JUNCTION an PlNAL COUNTY, a political subdivision
Arizona municipal corporation of the State of Arizona
By:By:
Jeff Serdy, Mayor Chairman
Date:Date:
ATTEST:ATTEST:
By:By:
Kathy Connelly, Clerk Clerk/Deputy Clerk of the Board
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.
Deputy County 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
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EXHIBIT A
TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN
PINAL COUNTY
AND
CITY OFAPACHE JUNCTION
FOR
COMMERCIAL DRIVER LICENSE TESTING SERVICES
Description of Services
Pinal County's Third -Party Tester will administer the Commercial Driver's License ("CDL")
Roads/Skills Test for a fee of $200.00 per applicant. This will include three attempts to pass the
test. Applicants must wait at least two business days to retake any failed portion of the skills test.
A CDL Instruction/Learner Permit holder is not eligible to take the CDL Road/Skills Test within 14
days of the initial issuance of the Commercial Instruction Permit.
The Road/Skills Test is a three part test that consists of a Pre -Trip Inspection, a Basic Vehicle
Controls Test and an ON -Road Driving Test. Applicants will be required to take the test in the
same class and type of motor vehicle that you have a permit for. If applicant fails any one part of
the Road/Skills Test, applicant will be required to retake the entire test again. Only one Road/Skills
Test can be taken per day.
Pre -Trip Inspection:Before applicant can take the CDL driving tests, you will first be tested on
their knowledge of class of vehicle they plan on driving once they obtain their CDL. The Pre -Trip
inspection also determines if applicant's commercial vehicle is safe enough to drive on public
roads. If applicant fails the Pre -Trip Inspection, applicant may not be allowed to take the Road
Skills Test.
Basic Controls Test:Before applicant can take the Road Skills Test, they will first need to prove
that they have the skills to operate a commercial motor vehicle on public roads. This test consists of
various off -road maneuvers such as backing up the vehicle, moving vehicle forward, and making
turns within a defined area.
Road Skills Test:Once applicant passes the first two tests, they will be required to drive their
commercial vehicle on public roads in various traffic situations.
The Road/Skills Test will be given by appointment only.To schedule a test appointment, contact
Pinal County Public Work's Highway Superintendent at (520)866-6411. Applicants need to
schedule their Road/Skills test a few weeks in advance and to arrive early for their test
appointment. Appointments will be scheduled based upon availability of Pinal County's Third-
Party Tester.
Pinal County will not provide a vehicle for applicant to test in, they must provide their own test
vehicle. If the test vehicle is not legally equipped, registered and safe to drive, the applicant will not
be able to proceed with the Skills Test.
On the day of the CDL Skills Test appointment, applicant must:
I.Arrive on time.
2.Bring their validated commercial learner's permit.
3.Bring their ADOT sealed envelope.
4.Bring a passenger (age 21 or older) that is qualified to drive commercial motor vehicle with the
same class of CDL or greater than the test vehicle.
5.Bring a test vehicle that is the same class of license that applicant is testing for that is registered
and safe to drive.
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