IGA with Sun City Fire

City of Glendale — Regular Meeting (2025-06-10)

View PDF Item 18 Meeting page

Extracted text (via pymupdf) 10947 characters
1 
 
INTERGOVERNMENTAL AGREEMENT 
FOR FIRE APPARATUS FOR GLENDALE REGIONAL PUBLIC 
SAFETY TRAINING CENTER  
BETWEEN THE SUN CITY FIRE 
DISTRICT AND 
THE CITY OF GLENDALE 
C25- 
 
This Intergovernmental Agreement ("Agreement") is made and entered into this __ 
day of _____ 2025, ("Effective Date"), by and between the City of Glendale ("Glendale"), 
a municipal corporation duly organized under the laws of the State of Arizona, and the Sun 
City Fire District ("Sun City"), a special taxing district organized and existing under the 
laws of the State of Arizona. The entities are referred to jointly herein as "Parties" and 
individually as "Party." This Agreement constitutes the entire understanding and agreement 
of the Parties with respect to the subject matter of this Agreement. 
 
RECITALS 
 
A. 
Arizona Revised Statutes ("A.R.S."), § 11-951 through§ 11-954, provide 
that public agencies may enter into intergovernmental agreements for the provision of 
services or for joint and cooperative action. 
 
B. 
Sun City is empowered by its elected board to enter into this Agreement and 
has authorized the undersigned to execute this Agreement on behalf of Sun City. 
 
C. 
Sun City has retired a 2001 Pierce fire engine that had undergone a total 
refurbishment in 2019 (the “Fire Engine”). The Fire Engine currently has approximately 
46,000 miles since the refurbishment updated the odometer.  
 
D. 
City of Glendale Field Operations – Fleet Division evaluated various factors 
of the Fire Engine, including its projected depreciation, future value, and the immediate 
need for reliable equipment at our training academy. The Parties have valued the Fire 
Engine at $50,000. This valuation accounts for operational sustainability, market 
comparisons, and any foreseeable cost implications associated with maintenance or 
upgrades. 
 
E. 
Glendale and Sun City desire to value the Fire Engine at $50,000 in 
credit in favor of Sun City, no exchange of cash, at the Glendale Regional Public Safety 
Training Center (GRPSTC) to support the funding of Sun City’s future firefighters. 
 
F. 
This arrangement for the transfer of the Fire Engine for $50,000 in credit at 
the GRPSTC was processed through the GRPSTC governance up and through the 
Executive Board for approval which was granted. 
 
NOW, THEREFORE, in consideration of the foregoing recitals, which are 
incorporated herein, and the covenants and promises to set forth below, Sun City and 
Glendale hereby mutually agree as follows:

2 
 
 
 
AGREEMENT 
 
1. 
Purpose. The purpose of this Agreement is to set forth the rights and 
responsibilities of the Parties with respect to the transfer by Sun City, to 
Glendale for the Fire Engine. 
 
2. 
Equipment. 
 
A. 
Responsibility for and Use of Equipment. The Fire Engine with an 
approximate value of $50,000 is transferred to the care, custody, and 
control of Glendale for the use of Glendale.  Upon the execution of this 
Agreement by the Parties, (i) the Fire Engine will be transferred to 
Glendale, (ii) Sun City will cease to maintain any ownership or control 
over the Fire Engine, and (iii) Glendale will have sole and full 
responsibility for the Fire Engine. Glendale agrees to be responsible for 
the maintenance and upkeep, including being responsible for the costs 
associated with any repairs or replacement, of the Fire Engine and will 
deal directly with the manufacturer of the Fire Engine in relation to any 
repairs, maintenance, replacements, and/or calibrations of the Fire 
Engine subject to any of the terms set forth herein. Glendale 
acknowledges and agrees that Sun City will not be responsible for any 
maintenance or replacement of, repairs to, or calibrating of the Fire 
Engine, nor will Glendale seek reimbursement from Sun City for any 
costs or expenses related to the Fire Engine. 
 
B. 
Equipment Inspection. The Parties agree and understand that Sun City 
will not retake possession of the Fire Engine for any said monitoring and 
auditing nor will Sun City or any of its employees, agents, departments 
or any other representative of Sun City be responsible for, or held liable 
for, conducting any monitoring, auditing or any inspections of any kind 
of the Fire Engine. 
 
C. 
Disposition of Equipment. Should Glendale determine that it no longer 
needs the Fire Engine or wants to discontinue use of the Fire Engine, 
Glendale shall follow the mandates set forth in city policy. 
 
3. 
Consideration. Glendale is not required to pay Sun City any cash for the Fire 
Engine. Rather, the consideration to be provided by Glendale to Sun City for 
the Fire Engine is credit at the GRPSTC in the amount of the agreed-upon 
$50,000 value of the Fire Engine. 
 
4. 
Transactional Conflict of Interest. All Parties hereto acknowledge that this 
Agreement is subject to cancellation by the Parties pursuant to the provisions of 
A.R.S. Section 38-511.

3 
 
5. 
Indemnification. 
 
A. 
Indemnification. Glendale agrees to indemnify, defend, save and hold 
harmless Sun City, its departments, agencies, boards, commissions, officers, 
officials, agents, and employees (hereinafter referred to as an "Indemnitee") 
for, from and against any and all claims, actions, liabilities, damages, losses, 
or expenses (including without limitation, court costs, attorneys' fees, and 
costs of claim processing, investigation and litigation) (hereinafter referred 
to as "Claims") relating to or arising out of the ownership or use of the Fire 
Engine on after the Effective Date, including without limitation, Claims for 
bodily injury or personal injury (including death), or loss or damage to 
tangible or intangible property caused, or alleged to be caused,in whole or 
in part,  the Fire Engine, unless such Claims were solely caused by Sun 
City's negligence or intentional conduct. This would include any Claims 
related to the Fire Engine to perform properly. 
 
B. 
Survival. Glendale’s indemnification obligations pursuant to this Secion 5 
shall continue during the entire period of Glendale’s ownership and use of 
the Fire Engine and shall survive for a period of one year after the date of 
Glendale’s transfer, abandonment, or last use of the Fire Engine. 
 
6. 
Warranties and/or Guarantees. The Parties understand that the Fire Engine will 
be transferred to Glendale in it AS IS condition as of the Effective Date and Sun 
City has not, will not, and is not required to, perform any independent testing of the 
Fire Engine under the terms of this Agreement and Sun City in no way provides any 
warranties or guarantees as to the Fire Engine. Any warranties or guarantees that 
may attach to the Fire Engine are limited to those transferable warranties or 
guarantees, if any, provided by the manufacturer of the Fire Engine to the purchaser 
of the Fire Engine. 
 
7. 
Interpretation of Agreement. 
 
A. 
Entire Agreement. This Agreement constitutes the entire agreement 
between the Parties pertaining to the subject matter contained herein, and 
all prior or contemporaneous agreements and understandings, oral or 
written, are hereby superseded and merged herein. 
 
B. 
Amendment. This Agreement shall not be modified, amended, altered, or 
changed except by written agreement signed by both Parties. 
 
C. 
Construction and Interpretation. All provisions of this Agreement shall be 
construed to be consistent with the intention of the Parties as expressed in 
the recitals contained herein. 
 
D. 
Waiver. No waiver, whether written or tacit, of any remedy or provision of 
this Agreement shall be deemed to constitute a waiver of any other provision 
hereof or a permanent waiver of the provision concerned, unless otherwise 
stated in writing by the Party to be bound thereby.

4 
 
 
E. 
Relationship of the Parties. Neither Party shall be deemed to be an employee 
or agent of the other Party to this Agreement. 
 
F. 
Days. Days shall mean calendar days. 
 
G. 
Severability. If any provisions of this Agreement or the application thereof 
is declared invalid or void by statute or judicial decision, such action shall 
have no effect on other provisions and their application which can be given 
effect without the invalid or void provision or application, and to this extent 
the provisions of this Agreement are severable. If any provision of this 
Agreement is declared invalid or void, the Parties agree to meet promptly 
upon request of the other Party in an attempt to reach an agreement on a 
substitute provision. 
 
8. 
Authority. Sun City and Glendale each represent, warrant, and covenant to the 
other that they have the right to enter into and make this Agreement. 
 
9. 
Notices. Any notice, consent or other communication or modification ("Notice") 
required or permitted under this Agreement shall be in writing and shall be given 
by registered or certified mail or in person to the following individuals. The date of 
receipt of such notices shall be the date the Notice shall be deemed to have been 
given. 
 
For the City of 
Glendale: 
 
 
 
 
 
 
 
 
 
For the City of Sun 
City: 
City of Glendale Fire Department 
Ryan Freeburg, Fire Chief  
11550 W. Glendale Avenue 
Glendale, AZ 85307 
 
With a copy to: 
City Attorney 
City of Glendale 
5850 West Glendale Avenue 
Glendale, AZ 85301 
 
Sun City Fire District 
Rob Schmitz, Fire Chief 
18602 N. 99th Avenue  
Sun City, AZ 85373-1436 
 
 
 
 
 
[SIGNATURE PAGE FOLLOW]

5 
 
IN WITNESS WHEREOF, the Parties have executed this Intergovernmental 
Agreement on the dates indicated below. 
 
CITY OF GLENDALE a 
 
 
 
SUN CITY FIRE DISTRICT, a 
municipal corporation 
 
 
 
special taxing district  
 
By:  
 
 
 
 
 
By: 
 
Name: ____________________________  
Name: _________________________ 
It’s: ______________________________  
It’s: ___________________________ 
Date: _____________________________  
Date: __________________________ 
 
ATTEST: 
 
Name: ____________________________ 
It’s: ______________________________ 
Date: _____________________________ 
 
APPROVAL OF ATTORNEY 
 
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney 
acknowledges that (i) he has reviewed the above Agreement on behalf of the CITY OF 
GLENDALE and (ii) as to the City of Glendale only, has determined that this 
Agreement is in proper form and that execution hereof is within the powers and 
authority granted under the laws of the State of Arizona. 
 
 
 
City Attorney 
Date 
 
 
APPROVAL OF CITY ATTORNEY 
 
In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney 
acknowledges that (i) he has reviewed the above Agreement on behalf of the SUN 
CITY FIRE DISTRICT and (ii) as to the SUN CITY FIRE DISTRICT only, has 
determined that this Agreement is in proper form and that execution hereof is within 
the powers and authority granted under the laws of the State of Arizona. 
· 
 
 
__________________________ 
 
 
 
  
City Attorney  
 
 
 
 
Date