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HomeMy WebLinkAboutIGA City of Scottsdale - Mutual AideContract No.: 2024-051-COS Resolution No.: 13069 IN TERGOVERNMENTAL AGREEMENT FOR FIRE SERVICE MUTUAL AID BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE CITY OF SCOTTSDALE THIS INTERGOVERNMENTAL AGREEMENT made and entered into March 19, 2024 ("Effective Date"), by and between the Town of Fountain Hills, (hereinafter the "Town"), an Arizona municipal corporation, and the City of Scottsdale, (hereinafter the "City"), an Arizona municipal corporation (each individually a "Party" and collectively the "Parties"), RECITALS The Town and the City may provide for mutual assistance for fires and other emergency incidents within their jurisdictional boundaries as described under the terms of this Agreement; and It is the desire of the Town and the City to improve the nature and coordination of emergency assistance to incidents that threaten the loss of life or property within the geographic boundaries of their respective jurisdictions; and The Town and the City desire to enter this Agreement for mutual aid and assistance to mprove public safety, encourage the development of cooperative procedures and protocols, including, but not limited to communications coordination, training, health and safety, and other activities that will enhance the ability of the individual fire departments to fulfill their missions; and The Town is authorized, pursuant to Arizona Revised Statues (A.R.S.) §§11-951 et. sey. and the Fountain Hills Town Code, Chapter 3, Article 5, Section 3-5-1, to enter into this Agreement; and The City is authorized, pursuant to A.R.S. §§11-951 et. seq. and the Charter of the City of Scottsdale, Article I, Section 3-1, to enter into this Agreement. WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants, conditions, and agreements contained herein, it is hereby agreed as follows: 1.0 Term 1.1 The above recitations are incorporated by this reference. 1.2 The term of this agreement shall be for a period of ten (10) years unless otherwise terminated pursuant to the terms of this Agreement. 1.3 This Agreement may be terminated by either Party, with or without cause, upon the giving of sixty (60) days prior written notice to the other Party. 15148891v2 Page 1 of 8 Contract No.: 2024-051-COS Resolution No.: 13069 2.0 Fees for Training 2.1 Prior to the commencement of any training under this Agreement, the Parties will agree to the basic elements of the particular training or activity, including but not limited to a description of the training and its content; the location of the training; the number and names of employees who will be attending the training; and the Training Fees that have been agreed upon by the Parties. The agreed upon terms will be set forth in writing, signed by the contract administrators for the Parties (see Section 8.0, below). 3.0 Mutual Aid Understandings 3.1 Scope of Emergency Services: It is agreed that the scope of this Agreement includes requested assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extraction situations, and other types of emergency incidents that are within the standard scope of services provided by each of the respective fire departments, excluding, ambulance services. 3.2 Fire Department Responsible for Emergency Scene: The Fire Chief or designee of the jurisdiction requesting assistance shall be the sole judge of how much assistance is needed at any given emergency scene. The Fire Chief or designee of the Party receiving the request for assistance shall have the sole responsibility for determining, pursuant to the policies and circumstances then existing in his or her jurisdiction, the level and amount, if any, of emergency equipment and personnel to be sent to any given emergency scene in the requesting jurisdiction. Nothing in this Agreement shall be construed to require or mandate the provision of personnel or equipment to the other Party. Neither Party is in any way liable to the other or to any individual person, firm, or corporation for the determination to supply, limit the amount of assistance to be supplied, or not to supply emergency equipment or personnel to the scene of any given emergency. 3.3 Fire Chief in Control at Emergency Scene: The Fire Chief of the jurisdiction requesting assistance, or his or her designee, shall have the ultimate command and control of the scene of any given emergency. The assisting Fire Department units from the other jurisdiction shall operate under the direction and control of the Fire Chief or other authorized person in command of the emergency scene for the jurisdiction requesting assistance. The Parties hereto shall use the Incident Management System, as defined in the Phoenix Standard Operating Guidelines(http://I)hoenix.gov/FIRE/vo[2index,pdfl of emergency scene control to insure proper communications, fire department resource management, and personnel safety. 3.4 Drills and Exercises: The Parties hereto agree to participate in multi -jurisdictional drills and exercises, training programs, pre -incident planning, post -incident critiques, and other activities intended to enhance safe and effective emergency operations when departmental schedules make them practical and feasible. 3.5 Other Agreements: Nothing contained herein shall prohibit either Party hereto from agreeing to participate in other specific contracts for emergency services, additional mutual aid, or automatic response agreements, nor providing mutual emergency assistance to other jurisdictions which are not parties to this Agreement. 15148891v2 Page 2 of 8 Contract No.: 2024-051-COS Resolution No.: 13069 3.6 No Binding Obligation to Provide Assistance: Nothing contained herein shall be construed as creating a binding legal obligation to provide the resources, equipment, facilities, or personnel requested for such emergency assistance outside its geographic jurisdiction, by either the requesting Party or the assisting Party, either in the instance of the initial request for assistance or any future request for assistance. The Party responding to a call for assistance shall not be liable to the requesting Party for the determination to supply the requested assistance, not to supply the requested assistance, or to limit the amount of assistance supplied in response to a request for assistance. 3.7 Ownership of Equipment: Each Party hereto shall retain ownership of any equipment or property that Party brings to the performance of this Agreement and shall retain ultimate control and responsibility of its employees. 3.8 Cornpatihility of Equipmenk To ensure compatibility of equipment, the Parties hereto shall maintain, as best as is reasonably possible, a mutually agreed upon inventory of equipment (based upon minimum NFPA Standards), including without limitation, hoses, couplings, pump capacity, communications equipment, and will maintain the minimum standard amount of equipment of each type of apparatus (as recommended by related NFPA Standards). The Parties agree to utilize the Maricopa County -wide apparatus numbering system and standardized terminology for apparatus. 3.9 No Reirnbursentent of Costs: Except as specifically agreed to by both Parties hereto, neither Party shall be reimbursed by the other Party for any costs incurred pursuant to providing assistance in accordance with the terms of this Agreement. In the event of a Declared Disaster, the Parties may apply for reimbursement from the County, State, and/or Federal governments. For Special Teams Operations, including but not limited to Hazardous Materials, Confined Space Rescues, Rope Rescues, and Swift Water Rescues, the Party requesting assistance shall be responsible for the cost of replacing disposable supplies used in the mitigation of the emergency incident by the assisting Party. 3.10 Mutual Aid Reciprocal: The parties agree that the mutual aid under this Agreement is reciprocal. While mutual aid does not ensure that a party will receive the exact same amount of assistance as it gives, it does mean that the Parties will provide some assistance outside its jurisdictional boundaries and that the level of service delivered within the terms of this Agreement will be comparable. 4.0 Employment Status and Compensation of Employees 4.1 Employee Benefits and Worker's Compensation: The Parties shall each provide workers' compensation insurance, salary, benefts, and appropriate equipment for their respective employees in accordance with applicable statutes, regulations, and policies. This Agreement is subject to the provisions of A.R.S. §23-1022, amended, and employees of each Party are deemed to be an employee of each Party., as d. Each party will be considered the primary employer and shall have sole responsibility for the payment of workers' compensation benefits to its respective employees. Each party will comply with the notice provisions of A.R.S. §23-1022(E). 15148891v2 Page 3 of 8 Contract No.: 2024-051-COS Resolution No.: 13069 4.2 Immigration and Reform Act of 1986: To the extent applicable, the Parties hereto understand and acknowledge the applicability of the Immigration and Reform and Control Act of 1986 (IRCA). Each Party hereto agrees to comply with the IRCA in performing under this Agreement and to permit inspecting of its personnel records to verify such compliance. 4.3 Compliance with E-Verfy Program: The Town and the City will comply with the E-Verify Program as follows: 4.3.1 Warranty of Compliance. Under the provisions of A.R.S. §41-4401, both parties warrant to the other that each party will comply with all applicable Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A.R.S. §23- 214(A). 4.3.2 Breach of Warranty. A breach of this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement. 4.3.3 Right to Inspect. Both parties retain the legal right to inspect the papers of any employee who works on this Agreement or subcontract to ensure compliance with the warranty given above. 4.3.4 Random Verification. Either party may conduct a random verification of the employment records of the other to ensure compliance with this warranty. Federal Employment Verification Provisions — No Material Breach. A party will not be considered in material breach of the Agreement if it establishes that it has complied with the employments verification provisions prescribed by 8 USC § 1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214(A). 4.3.6 Each Party will indemnify, defend and hold each other party harmless from any loss, liability or other harm arising from or relating to the party's failure to comply with this paragraph or the Unauthorized Worker Laws. This paragraph does not limit any of parties' rights under other laws or under other provisions of this Agreement. 5.0 Nondiscrimination 5.1 The Parties to this Agreement shall comply with all applicable provisions of state and federal non-discrimination laws and regulations. No Party shall engage in any form of illegal discrimination with respect to applications for employment or student status or employees or students. 6.0 Hold Harmless 6.1 Each Party (as "indemnitor'") agrees to indemnify, defend, and held harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, 15148891v2 Page 4 of 8 Contract No.: 2024-051-COS Resolution No.: 13069 costs, or expenses (including reasonable attorneys fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers, contractors, and elected or appointed officials. 7.0 Notices 7.1 All notices or other communications provided herein shall be given and validly made when delivered personally or sent by certified mail, return receipt requested, postage prepaid to: Town of Fountain Hills: Fire Chief Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Az. 85268 Scottsdale: Fire Chief Scottsdale Fire Department 8401 E. Indian School Road Scottsdale, Arizona 85251 8.0 Contract Administrators 8.1 The contract administrators ("Contract Administrators") for each of the Parties to this Agreement shall be the Fountain Hills Fire Chief (or designee) for the Town and the Scottsdale Fire Chief (or designee) for the City. The Contract Administrators shall be responsible for the day-to-day administration of the Agreement for their respective Parties. 9.0 Miscellaneous 9.1 No Third -Party Rights: No term or provision of this Agreement is intended to, nor shall it create any rights in any person, frm, corporation or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. 9.2 No Partnership or Joint Venture: No term or provision of this Agreement is intended to create a partnership, joint venture or agency arrangement between any of the Parties hereto. 9.3 Conflicting Agreements: If any provision of this Agreement is in conflict with the provisions set forth in the City's Intergovernmental Agreement for the Phoenix Fire Department Regional Dispatch System or the City's Automatic Aid Intergovernmental Agreement for Fire Protection and Other Emergency Services, the provisions of those Agreements shall control. 9.4 Conflict of Interest: The Parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511, as amended. 15148891v2 Page 5 of 8 Contract No.: 2024-051-COS Resolution No.: 13069 9.5 Supersedes Prior Agreements: 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. 9.6 Counterparts: This Agreement may be executed in counterparts. Each such counterpart shall for all purposes be deemed to be an original and all such counterparts together shall constitute one and the same instrument. 15148891v2 Page 6 of 8 Contract No.: 2024-051-COS Resolution No.: 13069 THE PARTIES HAVE executed this instrument as of the date and year first set forth aboveI "City" CITY O SCOTTSD/�LEI an Arizona unicipal cor oratio ATTEST: '' ^^� 1\ Ben Lane, City Clerk In accordance with the requirements of Arizona Revised Statutes § 11-952(D), the undersigned Attorneys acknowledge that (1) they have reviewed the above agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Sherry R. Scott, City Attorney By: Shane C. Morrison, Asst. City Atty. 15148891v2 Page 7 of 8 Contract No.: 2024-051-COS Resolution No.: 13069 THE PARTIES HAVE executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation �uuur ZJr- "YO" IMar ]B.M .]]Pon Ginny Dicky, Town Mayor ATTEST: Linda Mendenhall, Town Clerk In accordance with the requirements of Arizona Revised Statutes § 11-952(D), the undersigned Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Aar-avv,4r�csavo Aaron D. Arnson, Town Attorney 15148891v2 Page 8 of 8