The URL can be used to link to this page

Home My WebLink AboutRES 23-01 RESOLUTION NO. 23-01 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 WITH THE TOWN OF EAGAR FOR TRANSFER OF USED CONSTRUCTION EQUIPMENT. WHEREAS, the City of Apache Junction ("Apache Junction" or "City") is in possession of a used heavy duty construction grade box tractor scraper (the "Equipment") ; and WHEREAS, the Town of Eagar ("Town of Eagar") is in need of this Equipment for its local public works projects; and WHEREAS, Apache Junction would avoid the additional expenditure of public funds for disposing of the Equipment by directly relinquishing ownership to the Town of Eagar; and WHEREAS, pursuant to A. R. S. 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities to transfer used equipment; and WHEREAS, Apache Junction and the Town of Eagar have crafted the legal arrangement in the form 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 the Equipment to the Town of Eagar, 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 agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF Q�, 20Z3. RESOLUTION NO. 23-01 PAGE 1 OF 2 SIGNED AND ATTESTED TO THIS DAY OF 1-40-R l , 20Z,3. 2vo L445�� - WALTER %'C IP" WILSON Mayor ATTEST: a, EN IFER NA C ' y Cle APPROVED AS TO FORM: ��AV RICHARD J. STERN City Attorney RESOLUTION NO. 23-01 PAGE 2 OF 2 ATTACHMENT A 4. INTERGOVERNMENTAL-AGREEMENT BETWEEN CITY-OF APACHEJUNCTION AND THELTOWN OF EAGAR FOR: . 'TRANSFER OF USED.EQUIPMENT �2023 THIS:AGREEMENT is made and :entered.into this da of - . , by and between the_CITY OF APACHE:JUNCTION,.ARIZONA, an Arizona :municipal corporation (hereinafter referred to as. "Apache Junction"), and the TOWN :.OF:. EAGAR, ARIZONA,:..an .incorporated Arizona .Town (hereinafter referred ::to as "'Eagar"),:-both -of which::are referred -to: collectively as the "Parties"or:indiividually as a"Party":: --- ....... sw RECITALS:: .. _.: A. Apache Junction is in possession of a used heavy duty -Case 570MXT __. construction: grade::box tractor scraper serial: number JJG0380967 :(the "Equipment"):.. B..Eagar is:in need.of this Equipment for its local public works functions.- .. .. .. _ C..Apache.Junction has the:desire an e ability to assist agar. D: Mutual cooperation:::would _:result in:: Eagar's :obtaining equipment::from Apache Junction, :and Apache Junction : would :avoid the: additional expenditure of .publi'c funds for disposing -Of-the. Equipment by. directly relinquishing ownership to Eagar. _.: ...... ..... ....... ....... ----.. E. This Intergovernmental Agreement>('IGA'.'):will promote efficiency.in ahe use of public funds.and will encourage future cooperation:between.-both public entities. K Pursuant to-Arizona Rewised Statutes Annotated ("A.R.-S:') § 11-951 et seq, the Parties_are authorized to enter:into intergovernmental agreements for the:purposes of sharing used equipment. AGREEMENT. ... ..... ..... NOW, THEREFORE;;-in consideration of the mutual:.promises contained herein and other good and:valuable consideration;the receipt and adequacy of which is hereby acknowledged,-the Parties to this Agreement*agree as follows: 1. Apache Junction's:Obligations .. w. A' Within 30. calendar days after- execution .ofAhis , 'provide Equipment : to Eagar at Apache . Junction's Public Works Department located at 575:E Baseline Ave,_:Apache.Junction, AZ 85119. .2. Eagar'&..0blig tions :A. : Take:possession of Equipment at the Apache Junction:Public Works Department: B. No later than 30 calendar days after receipt of the Equipment, ... .. remove .or cause to remove ail:-"Apache Junction" insignia . s, seals-and other markings on Equipment, replace;with "Town of'Eagar"decalfinsignias, or other markings clearly indicating that such.Equipment is a town fleet vehicle-and is to:be used exclusively for local:public works projects: Allow inspection.:. :of the: Equipment-after delivery:to Eagar- and .provide-visual proof-of complying with this section. ....... _ _.. _ ...... C. Provide - accoun:tin of received E: ui meet to Apache ..... .... g q 'p p. . Junction at the time of receipt.of any transferred equipment. 2. ::Indemnification:and Insurance.. :To the::extent permitted: by law, Eagar covenants and agrees to.fully indemnify,. hold ,harmless and defend Apache. Junction and its. mayor and city council,:officers, agents, servants 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 or 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,, servants or employees for which indemnity may. be sought from Eagar;. then Apache:Junction or any such person, :shall promptly notify Eagar in writing. Eagar 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 incurred: This:indemnification:provision. shall- apply to any and: all acts or omissions,:wiliful:misconduct ornegligent conduct, whether passive or active, on the:_part of:fiagar, its mayor and city council; officers;,emploYees and agents. 1t is understood'and agreed.that-Eagar :may elect to self risure:or obtain:insurance ahrough:its pooling agreement:with :other governmental entities against any::or all::of the.:-risks related to::this -Agreement... .Eagar.shalUprovide Apache Junction-.with--a .current insurance certificate or. other. evidence of coverage .as:appropriate,,:Eagar shall also ::.: . deliver:to Apache Junction upon execution of.this Agreement a.statement from: - its insurance: company that :Apache:: Junction, its .:mayor and city: council;. :officers, agents, and employees are additional insured ;parties:. This section shall survive the:-expiration or .early termination :of thial Agreement. Apache :Junction:does not:make::any warrant as to the operability:.of the Equipment and =makes the transfer in its"AS-IS"condition. .... ..... .. p. ...... ....... _. 2 _ _ _.. .... ... ... 3::;:: : Duration of:AgreementlTermination.: This Agreement shall be valid upon execution An'd-shall-continue for a telem of.one(1)year: 4. :Binding: Effect.-:: . The obligations and: rights :: created in this Agreement are binding upon:and shall inureAo the benefit of:the Parties and - their successors,:assigns:and legal- representatives. Neither Party.-may assign Its rights under: this Agreement:without:the prior: written approval-of the other Party. ::Suoh successor: or assignee shall.,assume, in writing, -all duties-,and obligations hereunder of-the prior Party-and shall-further agree to be bound'by and:to fully perform the terms of this Agreement. Entire-Agreement...This Agreement.and any.attachments'represent: the'entire. agreement between Apache Junction and Eagar and.supersede all .:prior negotiations, representations or agreements, either express or implied, writtembr- oral::: It is mutually: understood and agreed:jhat no; alteration or variation: of the terms and: conditions ofAhis 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 anyinconsistent provision therein; provided, however,:that any „ apparent. .inconsistency: shall be- resolved; if..possible,. .by construing. t e :. .:provisions as mutually complementary and supplementary: ....... ...... .... .- ... ....... 6. ::: Severabilitv:::.:Apache: Junction and::Eagar each believe that the execution,delivery and performance of this Agreement are incompliance with- all applicable laws.: However, in the unlikely- event#hat any provision-of this Agreement-:is: declared void .or unenforceable (or is:construed as::requiring Apache Junction 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''Agreemerit 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 Iaws, -the. Parties.further.shall:.perform :all acts and execute-acknowledge acknowledge and/or deliver all amendments, instruments-and consents necessary:to accomplish:and to give effect to the:purposes of this:Agreement, as reformed. .... 7. -.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 =1n this Agreement,:shall be tried in a court of competent jurisdiction in final County; State of .Arizona. The- Parties- hereby waive-,'all. provisions of aaw providing for:a change.of venue-in such proceeding:to.any-other county or for. . removal:to.federal court.An 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 appear expenses, collection::expenses, reasonable attorneys'.:#des, :necessary.. witness fees:and court costs to be determined:by the court in such action - - 8. Notices. All-notices and insurance certificates required under this Agreement shall be sent as-follows: If to=Apache;Junction: Shane-Kiesow;-0 blic Works Manager City of Apache Junction .... .. -575 E 6aseline:Ave. Apache Junction,AZ 85119 . If to Eagar: Daniel Craig;Public Works:Director 22 W 2"d Street Eagan,.AZ 85925 9. Conflicts of Interest. This: Agreement is: subject to, and=ira be'.- - -terminated by City.in accordance with,the provisions-of A.R.S: §38,511.'. . IN:WITNESSWHEREOF, the:parties:hereto.have caused this;Agreement to be duly executed As of the-day and year first above=:written:: -. :.TOWN OF EAGAR; an incorporated Arizona Town Steve Erhart, Mayor ATTEST: . ice:ig ... J ssica Vau9 hang own Clerk CITY OF APACHE JUNCTION, ARIZONA_ , an Arizona municipal . corporation .. .. . By: Walter"Chip"Wilson., Mayor 4 _ - A EST: e nifer P ' a,.City Clerk ... ...... .... _.. COUNSEL API'Rt3VAl 1 have read.this Agreement:and have,:determined such Agreement is in proper forts and is entered into, within the-powers of and authority granted under the laws of the State:of Arizona. dare . R: i Eagar owh Attar Date g9+: -1 have read this Agreement and have determined such Agreemen �s �n proper: form and; is entered into within the powers of and authority granted under.the laws of the State of Arizona. _. Richard J: Stern p Y Y Apache Junction Cit Attorne date = ....... pq _. 6