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Home My WebLink AboutResolution 2009-043 MOU with pinal county sheriff for equestrian unitMARANA RESOLUTION N0.2009-43 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEENTHE MA- RANAPOLICE DEPARTMENT AND THE PINAL COUNTY SHERIFF'S OFFICE REGARD- ING THE SALE OF HORSES AND EQUIPMENT; AND DECLARING AN EMERGENCY WHEREAS the Marana Police Department has discontinued the use of its Mounted Unit; and WHEREAS the Marana Police Department owns three horses and various equestrian equip- ment previously used in the Mounted Unit; and WHEREAS the Pinal County Sheriff's Office has a Mounted Unit that has a need for the horses and equipment owned by the Marana Police Department; and WHEREAS the Town of Marana, through its Police Department and Pinal County, through its Sheriff's Office, desire to enter into an agreement by which the Town will sell the horses and equipment to the Pinal County Sheriff s Office for use in its Mounted Unit; and WHEREAS, the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement.. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The memorandum of understanding between the Marana Police Department and the Pinal County Sheriff's Office, attached to and incorporated by this reference in this resolu- tion as Exhibit A, is hereby approved, and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carryout the terms, obligations, and objectives of the memorandum of understanding. SECTION 3: Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution. shall be effective immediately upon its passage and adoption. Marana Resolution 2009-43 PASSED, ADOPTED, and APPROVED by the Mayor and Council of the Town of Marana, Arizona, this 7TH day of April, 2009. ATTEST: celyn .Bronson, Town Clerk APPROVED AS TO FORM: ~~~' ~ _~_G`, ~~`'~~ F,~`ank Cassidy, Town A orney ~'" ' '~ ~! Mayor E Honea Marana Resolution 2009-43 - 2 - MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town") and PINAL COUNTY, a political subdivision of the State of Arizona (the "County"). The Town and the County are sometimes referred to in this MOU as the "Parties." RECITALS A. The Town of Marana Police Department previously staffed and utilized a Mounted Unit. The Department owns three horses and various equestrian equipment previously used in the Mounted Unit. The horses and equipment are more particularly defined in Exhibit A, attached hereto and incorporated herein by this reference. The Marana Police Department recently discontinued the use of its Mounted Unit. B. The Pinal County Sheriff s Office utilizes a Mounted Unit and has a need for the horses and equipment owned by the Marana Police Department. C. The Town and the County desire to enter into an agreement by which the Town will sell the horses and equipment to the Pinal County Sheriff's Office for use in its Mounted Unit. AGREEMENT Now, THEREFORE, in consideration of the foregoing promises and the mutual covenants set forth in this MOU, the Parties hereby agree as follows: 1. Sale of Horses and Equipment. The Town shall sell the horses and equipment defined in Exhibit A to the County for the sum of $10,000. 2. Payment by County. The County shall pay the $10,000 owed to the Town as set forth in paragraph 1 in two installments of $5,000 each. The first installment shall be paid by the County on or before June 1, 2009. The second installment shall be paid by the County on or before Apri130, 2010. 3. Transfer of Horses and Equipment. The Parties shall schedule a date ("transfer date"), after the effective date of this MOU, for the Town to transfer the horses and equipment to the County. In no event shall the transfer date be later than April 30, 2009. At the time of the transfer date, the Town shall provide the County with the health records and all other documentation related to the horses and any other items listed in Exhibit A. In addition, the Town shall transfer title to the 4-Horse Gooseneck Trailer listed in Exhibit A to the County at the time of the transfer date. 4. Effective Date. This MOU shall be effective as of the signature date of the last Party to sign this MOU. (00013971.DOC/2} -1- 5. Responsibility, Care and Maintenance of Horses and Equipment. The County shall be solely responsible for the care, maintenance, health and welfare of the horses and equipment from the transfer date forward. Under no circumstances shall the Town be responsible for these items after the transfer date. 6. Indemnification and Release of Claims. The County agrees to defend, .save, hold harmless and indemnify the Town of Marana, the Marana Police Department, its successors and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind against the Town caused by the acts of the horses listed in Exhibit A or the use of the equipment listed in Exhibit A from the transfer date forward. The County also hereby waives and releases any and all rights and claims for damages it may have against the Town of Marana, the Marana Police Department, its officers, employees, agents, representatives or volunteers for any and all injuries, damages or liabilities suffered or incurred by it as a result of its ownership of the horses and equipment listed in Exhibit A. 7. Insurance. The County shall be solely responsible for maintaining insurance for the horses and equipment listed in Exhibit A from the transfer date forward. 8. Notices. All notices, requests and other communications under this MOU shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed as follows: If to the Town: MARANA POLICE DEPARTMENT ATTN: CHIEF OF POLICE 11555 W. Civic Center Drive Marana, Arizona 85653 (520) 382-2000 Fax (520) 382-2001 If to the County: PINAL COUNTY SHERIFF' S OFFICE 971 Jason Lopez Circle Building C P.O. Box 867 Florence, Arizona 85232 (520) 866-6800 Fax (520) 866-5195 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance {00013971.DOC / 2} - 2 - with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 9. Miscellaneous. (A) This MOU may not be modified except in a writing signed by both of the Parties. (B) Time is of the essence of this MOU. (C) This MOU shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this MOU or to obtain any remedy with respect to this MOU shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this MOU or if a dispute arises concerning the meaning or interpretation of any provision of this MOU, the defaulting party or the party not prevailing in the dispute, as the case maybe, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this MOU, including, without limitation, court costs and reasonable attorneys' fees. (E) The captions and section numbers appearing in this MOU are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this MOU. (F) This MOU maybe executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (G) This MOU shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this MOU shall in any way relieve the assignor of its obligations under this MOU. (H) This MOU is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK {ooois9n.nociz} - 3 - IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the last date set forth below their respective signatures. THE TOWN of MARANA, an Arizona P1NAL COUNTY, a political subdivision of the municipal corporation State of Arizona By: ~~ Terr~~I'ometich. Chief of Police Date: '~--~ 8-~0 9 ATTEST: f ocelyn C:, Bronson, Clerk Approved as to form: By: Chairman, Board of Supervisors Date: ~' ~' `' `~ Approved as to form: t ~. J airall, Deputy Town Attorney eputy County Attorney {00013971.DOC / 2} - 4 - ~her1 (;lute; (;lerk EHlBl1 DESCRIPTION NUMBER ~a3 Boots » 12 sets LeaWar Saddle t3sQ8 48 3 Fete Shields 3 _••,- . N Ion Saddle Ba __ 1 1lll00l Saddle Pedq 2 Trainin Helmets ___,_ S ..~. _.-._ T Feed Bs s ~ ~61ack Dress Saddle Pad 7 _._.,, 81ue Dress Saddle Pad 3 Reflective Stra s 2 Ee -u Stirru Extender ~ Buckets y, 2 Groomin Su ies 1 Whaei Barrel ,_ 1 _._- $2ddles 3 t3ridles S Reins 3 Leather Scat~bards 2 Lun a L,ir7e 1 Whip 1 -_ .,.. _ Leather Dress Halter 1 _ _ _ _ Saddle Stand ~ 1 _ Wirster Siankets 3 Fi Sheets K Halters & Lead R s 5 Brooms, Shpvels,•Rakes _ 1 Plastic Feeders 3 -__.__._ ., .. • - - Automatic Waters ~ ~l0 Gallon Water T4~s ~ 3 Patral Helmet 1 6t7' mound Pen 1 Panels stalls) ,_ 30 Stall Mats '~' ~l-Horse GOosenedcTrailer 1 ~~~ E ui ent / Su Total: Horse (Ace 1 Horse Joker t __. Horse Justin 1