The URL can be used to link to this page

Home My WebLink AboutRES 24-23 City of Apache Junction 0 Home of the Superstition Mountains CERTIFICATE LUTI NO. -2 certify that I am the duly appointed, qualified, and acting City Clerk of the City of Apache Junction, Arizona; that as such, I have in my possession all of the resolutions as adopted by the City Council of the City of Apache Junction, Arizona; and that the attached is a true and correct copy of Resolution No. 2 - J which was presented to and adopted by the City Council on June, 18, 2024, as it appears in my records. ifcr Pe Date City Clerk 300 ,Superstition Boulevard - Apache Junction 85119 Piv 1 Ci1 2 800 www.- achejunctiona , ov RESOLUTION NO. 2 -22 A__RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CI` OF APACHE JUNCTION', ARI C NA, AUTHORIZING RIZING THE CITY O APACHES JUNCTION N "APACHE JUNCTION"') TO ENTER INTO AN INTERGOVERNMENTAL EINTAL AGREEMENT WITH THE TOWN WN OF C ILBER C -GILL RT" FOR RADIO CONSOLES IN EXCHANGE FOR RECRUIT TRAINING OFFICER POSITION. WHEREAS, Gilbert is in possession of three ( used Motorola 7500 Redid Consoles and associated equipment: and WHEREAS, Apache Junction is willing to exchange a Recruit Training Officer position for the radio consoles l.es and equipment; and WHEREAS, pursuant to A.R.S. § 11- 52 A) , public entities may enter into intergovernmental agreements with Other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, Apache Junction and Gilbert have crafted the legal arrangement in the form of the attached intergovernmental agreement rich sets forth the terms and conditions of the exchange. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY CAE -APACHE JUNCTION A I ONA, AS FOLLOWS: I) The mayor and city council approve the form of the intergovernmental, agreement, as set forth in Attachment A; and the police chief arid../car his designee is hereby authorized to sign the agreement can behalf of the city. 2) The police chief and/car his designee is authorized and directed to take all. steps necessary to carry out the purpose d and intent of this resolution and to fulfill all the duties required ender the agreement . PASSED AND ADOPTED BY THE MAYOR R AND CITY CCU CII OF THE CITY OF AP ACHE JUi C`I'ION, AR O A `'HIE I A C 2�1 . .. SIGNED AND ATTESTED TO THIS DAY OF , 2024 . RESOLUTION NO. 2 -22 RAGE 1 OF 2 C � : s Mayo ATTEST TR its City Cie:. APPROVED FORM: R CHARD J. STERN City Attorney RESOLUTION NO. 24-23 RE INTERGOVERNMENTAL AGREEMENT FOR, PROVISION OF MOTOROLA 7500 RADIO CONSOLES IN GE FOR G G OFFICE BETWEEN THE T 1 CIFGI E T AND THE CIT OF APAG E JUNCTION POLICE ICE EPA T EDIT Gilbert Contract No. 32410,01039 1,61 Apache Junction Contract No, THIS AGREEMENT T" s made and entered into this 4 h day of June, 2024,by and between the TOWN OF G E ERT, an Arizona municipal corporation (hereinafter referred to as "Gilbert"), and the-CITY OF APAG E JUNCTION, an Arizona municipal corporation (hereinafter referred to as "Apache Junction"), both of which are referred to collectively as the"Parties"or individually as a"Party". RECITALS S A. Pursuant to Arizona Revised Statutes 'A.I :S.") § 11-951 et sir}., the Parties are authorized to enter into intergovernmental agreements for the purposes of exchanging property and taking joint or cooperative action. B. Gilbert is in possession of three (3) used Motorola 7500 radio consoles and associated peripherals(the"Equipment")` to wit: Three(3)`voice Processing Modules( s)and associated power supply/supplies Six ( speakers(Select and Unseleet Three 3micro PCs w'monitor,keyboard, and mouse, and associated software Three(3)push-to-talk(P foot switches Six(6)headset jacks C. Apache Junction is in need ofEquipment for law enforcement functions. Gilbert is in need of a Recruit Training Officer from Apache Junction for the police academies at Gilbert's Public Safety Training Facility. E: The Parties have the desire and the ability to assist each other. F. Mutual cooperation would result in Apache Junction obtaining Equipment from Gilbert, and Gilbert would avoid the additional expenditure of public funds for legally disposing of Equipment by directly relinquishing ownership to Apache Junction. G: This Intergovernmental Agreement "IGA" will promote efficiency in the use of public funds and will encourage future cooperation between the Parties: 6 of 11 NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which'is herby acknowledged, the Parties to this Agreement agree as follows. , El I ApALhc Junction's Obligations: Accept any offered Equipment, in an `gas is" condition with all faults, and without warranties of any kind, including Without limitation, implied warranties, warranties of merchantability hantability er fitness for a particular purpose, and warranties of any kind as to Equipment's current or future use or condition at the Gilbert Police Department located at 75 E. Civic Center Drive, Gilbert, Arizona, 85296, subject to Section 3, Indemnification, set forth below and all risks associated with ownership, use,custody,control, maintenance, and transfer. B. Provide are Apache Junction Police Officer to serve as a Recruit Training Officer for the next two police academies at ilb rt's Public Safety Training Facility(September 2024-- August 25). 2. Gilb r 's Obligntinwz, A. Provide~ Equipment to Apache Junction in an "as is" condition with all faults, and without warranties of any kited, including without limitation, implied warranties,s, warranties of merchantability or fitness for a particular purpose, and warranties of any kind as to Equipment's current or future use or condition. dition. 13 Provide Apache Junction reasonable notice of police academy dates to avoid any conflicts. 3. Indemnification: The Parties covenant and agree to fully indemnify, hold harmless and defend each other and their mayor and city/town 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 snits arise out of or are.based upon acts or omissions by their mayor and city/town council,officers, employees or agents. If any action or claim shall be brought or asserted against the Panties or their mayor and city/town council, officers, agents, servants or employees for which indemnity may be sought from the Parties, then each Party shall promptly acetify each other ire writing. The Parties shall, within tern f working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any reasonable attorneys' fees and all court crests that shall be paid as incurred. This section shall survive the expiration or early termination of this Agreement. . Duration of gr ment/T rminatiow This Agreement shall be valid upon execution and shall continue for a term of two police academies unless either Party terminates this 2 7it l t Agreement for any reason upon sixty t days' written notice to the other Marty by overnight delivery service or first class certified mail, postage prepaid; addressed to the other Party as set forth in Section'9 of this Agreement. The waiver of liability and indemnification cation granted to each Party shall survive the termination of this agreement to the extent permissible by law. . Binding Ef ect ss nment. The obligations an rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and deed representatives. Neither Pay may assign its rights under this Agreement without the prior written approval of the ether Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prier Party and shall further agree to be bound by and to fully perform the terms of this Agreement,` a Entire cement: This Agreement andany attachments or addendu 's represent the entire agreement between the Parties 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. 7. eyera ility: The 'Parties 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 each Party 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 farce and effect}provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a mannerspa that the reformed agreement (and any related agreements effective as of the same ate) provide essentially the sane 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. . Governing LaAv Venue and Attorney Fees: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the Mate 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, shalt be tried in a court of competent;jurisdiction in either aricopa or 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, tlt 9 Notices: All notices and insurance certificates required under this Agreement shall be Sent as follows: If to Gilbert: Mike S c b r , Chief ofPolicc Town cif'Gilb rt Police Department 75 E. Civic C ntcr Drive Gilbert, AZ 85296 If to Apache Juncti w Michael Pool y, Chief of Police City of Apache Junction Police IJ p rtrvi nt 300 E. Superstition Blvd. Apache Junction, AZ 85119 10. Conflicts of Interest This Agreement is subject to, and may be ternnnated by either Party, in accordance with the provisions of .R.S; § 2 - 11. IN WITNESS WHEREOF, the Parties hereto have caused this Agreerricnt to Inc duly executed as of the day and year first above written. TOWN OF GILBERT, ARIZONA an Arizona municipal corporation y t � ,7o"S<06POT Brigette Peterson, Mayor ATTEST: Ci dye3i err (1m,5.702-S6a p610T) C haveli Herrera Town Clerk CITY OF APACHE JUNCTION, ARIZONA, an Arizona na municipal l or ti n y: C hipls , Iacr ATTEST: ;e nif r P City Clerk 4 a ft loof 11 COUNSEL,APPROVAL AS TOFORM: I have, read this reer-sent and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws cal`the State of Arizona, Christopher W: Payne,Gilbert Town Attorncy Date w_......._ m I have read this Agreement and have Clete lined such Agreement is in proper form nd is entered into within the powers of and aUthority granted under the laws of the State of Arizona, 1 .Joel Stem, Apache Junction City Attomey Date t rat° t