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Home My WebLink AboutRES 20-43 RESOLUTION NO. 20-43 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 INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF USED LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF MAMMOTH. WHEREAS, the City of Apache Junction ('Apache Junction") through its police department is in possession of used miscellaneous law enforcement equipment, such as but not limited to, portable breath test devices, calibrators and radar units; and WHEREAS, the Town of Mammoth ("Mammoth") through its police department is in need of this used miscellaneous equipment; and WHEREAS, Apache Junction would avoid the additional expenditure of public funds for disposing of the equipment by directly relinquishing ownership to Mammoth; and WHEREAS, pursuant to A. R. S. § 11- 952 (A) , public entities may eater into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, Apache Junction and Mammoth have crafted the legal arrangement in the fora/ of the attached intergovernmental agreement which sets forth the terms and conditions of the transfer. 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 form of the intergovernmental agreement for the transfer of used law enforcement equipment to Mammoth, as set forth in Attachment A, and the mayor is hereby authorized to sign the agreement on behalf of Apache Junction. 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 agreement® RESOLUTION NO. 20-43 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS . . DAY OF ~ '"ed. j -, 20 a. SIGNED .AND ATTESTED TO THIS DAY OF - &. ,` 2020 :Te—ff 4SJyOW�— Maya ATTEST® �e ` J NTFER# PENA City Clerk APPROVED AS TO FORM: qe- //. 214 .2o RICHARD J. STERN City Attorney RESOLUTION NO® 20-43 PACE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED LAW ENFORCEMENT EQUIPMENT TO THE TOWN OF MAMMOTH THIS AGREEMENT is made and entered into this day of 2020, by and between the CITY OF APACHE JUNCTION—, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "Apache Junction") and the TOWN OF MAMMOTH, ARIZONA, an incorporated Arizona Town (hereinafter referred to as "Mammoth"), both of which are referred to collectively as the "Parties" or individually as a "Party". RECITALS A. Apache Junction through its police department, is in possession of used miscellaneous law enforcement equipment, including but not limited to portable breath test devices, calibrators and hand held radar units. B. Mammoth through its police department, is in need of this equipment for law enforcement functions. C. Apache Junction has the desire and the ability to assist Mammoth as Apache Junction has replaced such equipment with new equipment. D. Mutual cooperation would result in Mammoth's obtaining law enforcement equipment from Apache Junction, and Apache Junction would avoid the additional expenditure of public funds for disposing of the equipment by directly relinquishing ownership to Mammoth. E. This effort enhances mutual cooperation between Apache Junction and Mammoth on law enforcement issues. F. This Intergovernmental Agreement ("IGA") ies will promote efficiency in the use of public funds and will encourage future cooperation between both public entit . G. Pursuant to Arizona Revised Statutes Annotated ("A.R.S.") §11-951 et seq., the Parties are authorized to enter into intergovernmental agreements for the purposes of exchanging/transferring property and taking joint or cooperative action. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration the receipt and adequacy of wh1 ,ch is hereby acknowledged, the Parties to this Agreement agree as follows: 1. Marnmoths Obligations A. Pick up any offered equipment at the Apache Junction Police Department and transport it to ® Such "equipment!' is defined as all itemized equipment noted in Exhibit A, as well as any weapons, vehicles, officer safety equipment and other mIscellaneous used law enforcement property Apache Junction desires in the future to exchange/transfer to Mammoth. B. No later than 30 days after receipt of the equipment, remove or cause to be removed all "Apache Junction Police Department" insignias or seals and replace them with "Town of Mammoth Police Department" insignias/seals or other markings clearly indicating that such equipment is to be used exclusively for law enforcement purposes. C. Provide accounting of received equipment to Apache Junction at the time of receipt of any transferred equipment. D. Provide Apache Junction insurance certificate noted in § 3. 2. A. Provide reasonable hours for such exchange and confirm accounting with Mammoth within thirty (30) calendar days after receipt of equipment. 3. Indemnific Ltion and Insurance. To the extent permitted by law, Mammoth covenants and agrees to fully indemnify, hold harmless and defend Apache Junction and its mayor and city council, officers, agents 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 Apache Junction its mayor and city council, officers, employees or agents. If any action or claim shall be brought or asserted against Apache Junction or its mayor and city council, officers, agents or employees for which indemnity may be sought from Mammoth, then Apache Junction, shall promptly notify Mammoth in writing. Mammoth 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 that shall be paid as ® 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 Mammoth, its mayor and town council, officers, employees and agents. It is understood and agreed that Mammoth may elect to self-insure or obtain insurance through its pooling agreement with other governmental entities 2 against1 this i JunctionApache i insurance certificateevidence appropriate.coverage as i execution of this Agreement a statement from its insurance company that Apache Junction, I jcouncil, officers, agents and employees are additionalinsured parties. This sectioniexpiration or early terminationj • . i i i is Agreement shall be valid executionupon iyear, but shall automaticallyine (9) additional years unless either this ixty (60) days' written notice overnightParty by ! i !ed mai , postage prepaid, addressed to the other Party as set forth in Sectioni . obligations5. Binding- Effect. The in this bindingAgreement are inurebenefit Parties ! assignsi its rightsis Agreement without the priorwritten assigneeSuch successor or assume, in jting, all duties and obligations priorhereunder of the perform the terms of this Agreement. Entire6. j entirethe j priori , representations or agreements, eitherimplied, writtenalteration that no variationivalid made in writingi ies hereto. Written and signed automaticallyamendments shall supersede any inconsistent provision , however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions 7. Severabilit y. Apache Junction execution, delivery and in compliance with applicableall However, in iprovision i Agreement is declared voidr is construed as requiring JunctionApache in violationi laws, including constitutional it alaw, regulation, or city , such provision deemed severed from this Agreement and this remain i ; provided that this retroactively be deemed reformed to the extent reasonably possible in such a manner so that effectivethe reformed agreement (and any related agreements providei (economicotherwise) reformationto the Parties as if such severance and i 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. Gover The terms and conditions of thi nd interpreted in accordance with t at law or in equity brought by either rights provided for t, s a e re n a court of competent ju in this AgreemengngNRrisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or for removal to federal court. 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 including: all litigation and appeal expenses, collection expenses, reasonable attorney 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 Apache Junction: Thomas Kelly Public Safety Director City of Apache Junction Police Department 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Mammoth: Rudy Lujan Chief of Police 125 Clark Street Mammoth, AZ 85618 10. gonflicts_of Interest This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. TOWN OF MAMMOTH, an incorporated Arizona Town Joe Dietz Mayor 4 ATTEST: John Schempf Interim Town Clerk THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation Jeff Serdy Mayor ATTEST: Jennifer Pena City Clerk 5 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. Stephen R. Cooper, Mammoth Town 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 6 EXHIBIT A (1) Intoxilyzer 400 Serial # 104245D in Designated Protective Box (2) Intoxilyzer 400 Serial # 104342D in Designated Protective Box (3) Intoxilyzer 400 Serial # 104348D in Designated Protective Box (4) Intoxilyzer 400 Serial # 104350D in Designated Protective Box One (1) Dongle Electronic Key (for calibration of Intoxilyzer PBT) One (1) CD Intoxilyzer 400PA Operators Manual (1) Tint Meter Serial # LL2960012048 in Designated Protective Box a. LL2960012048 DARK LENSE GLASS b. LL2960012048 LIGHT LENSE GLASS (2) Tint Meter Serial # 2051000059410 in Designated Protective Box a. Serial # H175059410 LIGHT LENSE GLASS b. Serial # L025059410 DARK LENSE GLASS (1) Talon 11 Handheld Serial #TA02938 a. With four (4) Handheld Re-chargeable Battery Handles b. One (1) Car Adapter/Charger c. Two (2) Tuning Forks i. Serial # 66326 (55 MPH) with protective sleeve ii. Serial #66203 (30 MPH) with protective sleeve (2) Talon 11 Handheld Serial #TA02484 a. Radar Dash Mount(inside case) I. Two small bungle cables to secure radar mount to dash. b. i Wth two (2) Handheld Re-chargeable Battery Handles c. One (1) Car Adapter/Charger with remote d. Handheld Battery Charger Tuning Forks i. Serial # 37122 (55 MPH) with protective sleeve ii. Serial #35520 (30 MPH) with protective sleeve