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Home My WebLink AboutRES 19-33 RESOLUTION NO. 19-33 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 FOR TASER EQUIPMENT FROM THE TOWN OF GILBERT, ARIZONA IN EXCHANGE FOR FIREARMS RANGE USE. WHEREAS, the City of Apache Junction (`Apache Junction") and the Town of Gilbert ("Gilbert") desire to enter into an intergovernmental agreement ("IGA") wherein Gilbert will provide Taser equipment to Apache Junction in exchange for use of Apache Junction' s firearms range; and WHEREAS, pursuant to A.R. S. § 11-952 (A) , public entities may eater into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached 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 ICA for the provision of the equipment as set forth in Attachment A; and the mayor is hereby authorized to sign the agreement. 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 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 DAY OF � �';,✓�?` � , 20Z?. SIGNED .AND ATTESTED TO THIS DAY OF �� , 20 . �, . --w,-..— .- �3E E"F` DY Mayo RESOLUTION NO. 1933 PAGE 1 OF 2 ATTEST m rE� `FER �' �A v GJej APPROVED AS TO FORM: 4e12® 4 RICHARD J. STERN City Attorney RESOLUTION NO. 19-33 PAGE 2 OF 2 ATTACHMENT INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF TASER EQUIPMENT FROM TOWN OF GILBERT TO CITY OF APACHE JUNCTION IN EXCHANGE FOR FIREARMS RANGE USE THIS AGREEMENT is made and entered into this , Arizona20 , by and between the TOWN OF GILBERT, an i i corporationi "Gilbert"), and the CITY ArizonaJUNCTION, an i i (hereinafter "Apache Junction"), both of whichiv "Parties" or individually as a "Party" RECITALS A. Gilbert is in possessioni i consisting Taser - ( "Equipment"). JunctionB. Apache is in need of Equipmentfunctions. GilbertC. is in need of the use of Apache Junction'sitofficer practiceii ! . PartiesD. The it il!ty to assi other. E. Mutual cooperation would result in Apache Junctionobtaining i from Gilbert, itbert would avoid the additional expenditure of public funds for legally disposing i directly i i iownership to Apache Junction. F. There is a need for mutual cooperation between GilbertJunction in law enforcement issues. G. i ill promote efficiencyin the use publicof ill encourage future cooperationParties. H. Pursuant to Arizonai (" .") §11-951 et seq., Partiesthe i into intergovernmental exchangingthe purposes of ing joint or cooperativeaction. THEREFORE, AGREEMENT in considerationicontained hereini ireceipt whichis i i . Junction'sli i EquipmentA. Accept any offered itPolice Department located at 50 E. Civic i it , Arizona, ion 3 Indemnificati risksbelow and all iated with ownership, , maintenance, . B. Allow firearms range timei ., Apache Junction, izona for Gilbert officers. 2. it Obligations: A. Provide ipment to Apache Junction i "as i " condition with all , and withouties of any kind, i withouti i i , implied r iwarranties merchantability r i , and warrantiesiEquipment's use or condition. ProvideB. ion reasonable notice of need for firearms range to avoidconflicts. 3. Indemnification: i t and agree to fully indemnify, otherhold harmless and defend each and their mayor and city/towncouncil, officers, , from and againstclaims actionsi , whether real or asserted, arising or in connectioni isuits ariser omissions it mayor and city/town council, officers, employees or agents. If any actionishall be brought or againstasserted i it mayor and city/towncouncil, officers, whichagents, servants or employees for indemnity Partiesi in writing. Parties within i ivi notice, assume the defense expenses,thereof, and the payment of all including l shallcourt costs that i incurred. ThisU survive expiration i ion of this Agreement. Duration4. A i nation: This Agreement shall be valid executionupon l i ) year, but shall automatically (10) years unless either Party terminatesi sixtyAgreement for any reason upon inotice to the other Party by overnight delivery servicefirst class certifiedmail, postage prepaid, addressed to the other Party as set forth in Section 9 of this waiverliability indemnification granted to each Party shall survive termination is agreement to the extent permissible by law. 5. Bindina Effect/Assignment: obligations i i this Agreement are bindingll inure to the benefitParties their successors, assignsl representatives. Neitherassign its rightsi !thout the prior writtenl of the other assigneeParty. Such successor or , in writing, all i obligationsi I further agree to be bound by and to fully perform the terms of this . 6. Entire i entirethe ies and supersede all prior negotiations, eitherrepresentations or agreements, implied, i 1. It is mutuallyt ivariation conditions this i in writingsigned Partiesthe itten and signed amendments shall automatically supportingpart of the , and shall supersede any inconsistent provision iprovided, , that any apparent inconsistency resolved, i i , by construingprovisions and I ili i believe , delivery performance of i in iance with all applicable laws. However, in i t any provisioni is declared i (or is ii i violation applicable laws, including iprovision, ! , regulation, i ), such provisionthis Agreement and this Agreement shall otherwisei in full provided iretroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective provide essentially rightsthe same i i ise) to the Parties as if such reformationseverance and it prohibited i Partieslaws, the I and/or deliver l , instruments and consents necessary to accomplish to give effect to the purposes of this . 8. Governing Law, Venue and Attornpy Fees: The terms and conditions this ll be governedinterpreted i accordance with laws of the State of Arizona. in equity brought by either Party for the purposei ight or rights provided in thistried in a court of competent jurisdictionin either Maricopa or Pinal , State of Arizona. iwaive all provisions providing in such proceedingto any court.other county or for removal to federal Notices:9. insurance certificatesit i follows:Agreement shall be sent as If to Gilbert: i I , Chief of Police Town of Gilbert i Civic Drive Gilbert, AZ 85296 Junction:If to Apache , Public Safety Director City of Apache JunctionPolice 300 E. Superstition . Apache Junction, AZ 85119 Conflicts10. i is subject to, and may be Partiesterminated by either Party in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the i be duly executed as of the day and year first above written. ArizonaTOWN OF GILBERT, ARIZONA an municipal i Daniels,Jenn Mayor Town Clerk CITY OF APACHE JUNCTION, ARIZONA, Arizonaan i icorporation ..� JenniferJeff Serdy, Mayor City Clerk COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determinedis in proper form and is entered into withinauthority laws of the State of Arizona. i , Gilbert Town Attorney Date have read this Agreement and have determined such Agreement is in proper form and is entered into withinauthority laws of the State of Arizona. Richardi