IGA with Sun City Fire
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