HomeMy WebLinkAboutRes 2024-26RESOLUTION NO. 2024-26
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF MESA,
MARICOPA COUNTY, ARIZONA ("CITY"),
WHEREAS, the Town desires to participate in Mesas Fire and Medical Department
Fire Service Training hosted at Mesas facilities in order to provide regional emergency
fire, medical, and other services; ari
WHEREAS, such cooperation is beneficial to the Towns emergency services
preparedness.
BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Town, through its Mayor and Council, hereby approves the
Intergovernmental Agreement (the "Agreement"), in substantially the form
attached hereto as Exhibit A.
SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the
expenditure of $13,500 per year, and a cumulative total of not more than forty-
nine thousand and XX/100 ($49,000).
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to cause the execution of the Agreement and to
take all steps necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED b, the Mayor and Council of the Town of Fountain Hills,
Maricopa County, Arizona, this &!'day of , 2024.
[Signatures on the following page]
FOR THE TOWN OF FOUNTAIN HILLS:
Ginn Dickey, Mayor
REVIEWED BY:
ATTESTED TO:
da Mendenhall, Town Clerk
APPROVED AS TO FORM:
a,_
Rachael oodwi , Town Manager Aaron D. Arnson, Town Attorney
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
FOR FIRE SERVICE TRAINING
This First Amendment to the Intergovernmental Agreement for Fire Service Training
("First Amendment") is entered into and made effect this day of May, 2024 by and
between the City of Mesa ("Mesa'), an Arizona municipal corporation and the Town of
Fountain Hills, Arizona (Fountain Hills).
RECITALS
WHEREAS, Mesa and other Government Entities, on or about December 4, 2023,
entered into an Intergovernmental Agreement for Fire Service Training ("Fire Service
Training IGA"). A copy of the Fire Service Training IGA is attached hereto as Exhibit A
and incorporated herein and made a part of this First Amendment.
WHEREAS, the Fire Service Training IGA provides for, among other things, the
opportunity for Government Entities fire personnel to obtain fire service training at
Mesa's facilities.
WHEREAS, Article V, Paragraph 4 allows Mesa the sole discretion to allow other
Government Entities to modify or amend the Fire Service Training IGA to add additional
Government Entities as a party to the Fire Service Training IGA.
WHEREAS, Fountain Hills has contacted Mesa to ask to be a party to the Fire Service
Training IGA and Mesa has consented.
WHEREAS, Fountain Hills has the authority pursuant to pursuant to Arizona Revised
Statutes (A.R.S.) §11-951 and §11-952 and its respective town code and policies to
enter into the Fire Service Training IGA.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, inducements, covenants,
agreements, and conditions contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Mesa and
Fountain Hills agree as follows:
1. Mesa will allow Fountain Hills to become a party to the Fire Service Training IGA
upon execution and approval of this First Amendment by the Fountain Hills Town
Council.
2. Fountain Hills agrees to abide by all provisions of the Fire Service Training IGA
applicable to it and its employees.
3. Mesa will allow the Fountain Hills Fire personnel to commence training as soon as
practicable. If a specific training has commenced at the time Fountain Hills fire
personnel are ready and available for training, Mesa, at its discretion, may elect to
allow the Fountain Hills fire personnel to commence the training or schedule the
Fountain Hills fire personnel for the next available training.
IN WITNESS WHEREOF, this First Amendment to the Fire Service Training IGA is
executed as provided below. The signatories below affirm and attest that they are
authorized to execute this First Amendment on behalf of their respective Government
Entities.
CITY OF MESA, an Arizona municipal corporation
By:
Christopher J. Brady
City Manager
ATTEST:
Holly Moseley
City Clerk
APPROVED AS TO FORM:
Alfred J. Smith
Deputy City Attorney
TOWN OF FOUNTAIN HILLS, ARIZONA
By:
Ginny Dickey
Mayor
ATTEST:
Linda Mendenhall
Town Clerk
By:
Rachel Goodwin, Town Manager
In accordance with A.R.S. §11-952 (D), this First Amendment to the Fire Service Training
Intergovernmental Agreement and the Intergovernmental Agreement for Fire Service
Training attached as Exhibit A to the First Amendment has been reviewed by the
undersigned attorney who has determined that it is in proper form and is within the powers
and authority granted under the laws of the State of Arizona.
TOWN OF FOUNTAIN HILLS, ARIZONA
By:
Aaron Arnson
City Attorney
Date:
INTERGOVERNMENTAL AGREEMENT FOR FIRE SERVICE TRAINING
This intergovernmental Agreement ("Agreement") is entered into and made
effective this 4th day of December, 2023 (the "Effective Date") by and between the City of
Mesa ("Mesa"), an Arizona municipal corporation, and the City of Casa Grande, City of
Maricopa, Town of Florence, Town of Payson, Superstition Fire and Medical District, Fort
McDowell Yavapai Nation, and the Salt River Pima-Maricopa Indian Community.
Collectively the parties, except Mesa, are referred to herein as the "Government Entities."
Mesa and the Government Entities to this Agreement may also be referred to as "Parties"
or individually as a "Party" depending on the context.
RECITALS
WHEREAS, Mesa and the Government Entities are authorized and empowered to enter
into intergovernmental agreements for the provision of services or for joint or cooperative
action pursuant to Arizona Revised Statutes (A.R.S.) §11-951 and §11-952 and the
Government Entities specific city charters, state law, and municipal and tribal codes.
Mesa is also authorized and empowered pursuant to Article I, Section 103 of its Charter.
WHEREAS, it is the desire of Mesa and the Government Entities who are Parties to this
Agreement, to work together for the provision of fire service training and
intergovernmental cooperation for the mutual benefit of the public, the Government
Entities' community and its personnel.
WHEREAS, the Government Entities desire to participate in Mesa's Fire and Medical
Department Fire Service Training hosted at Mesa's facilities in order to provide regional
emergency fire, medical, and other services more effectively in their respective
communities.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, inducements, covenants,
agreements, and conditions contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
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ARTICLE I. PURPOSE
Mesa and the Government Entities desire to enter into this Agreement for the purpose of
enabling the Parties to conduct joint fire service training and allow their respective
firefighter recruits to attend and participate in fire service training hosted by Mesa. Fire
service training includes but is not limited to: Aircraft Rescue Firefighter (ARFF)
Certification Training, Firefighter Recruit Training, Fire Inspector Training, Hazardous
Material Technical (HZM) Certification Training, EMT/Paramedic Recertification Training
(CORE), and Technical Rescue Technician (TRT) Certification Training, and follow-on
required continuing education.
ARTICLE II. TERM OF THE AGREEMENT
1. Initial Term and Extension of Term:
This Agreement shall commence on the Effective Date and shall continue in force
for five (5) years from the Effective Date (the "initial Term'). The Agreement may
be extended for one additional five (5) year term (the "Extended Term") by written
mutual consent of Mesa and one or more Government Entities. The Government
Entities electing to extend the Agreement will provide Mesa sixty (60) days written
notice of their intent to exercise the Extended Term provision of this Agreement.
2. Termination and Cancellation:
One or more Party, at their convenience, by written notice, may terminate this
Agreement in whole or in part with respect to the terminating Party's further
participation in this Agreement by providing sixty days (60) written notice to the
other non -terminating Parties. If this Agreement is terminated by a Party, the
terminating Party will be liable under the provisions of this Agreement for all
services and materials rendered to it and its employees prior to the effect date of
the Party's termination of this Agreement.
In addition, the Parties acknowledge that this Agreement is subject to cancellation
pursuant to the provisions of A.R.S. § 38-511. Upon cancellation or termination of
this Agreement, each Party will retain ownership of their solely provided personal
property for purposes of disposing of property on termination
ARTICLE III. STATEMENT OF SERVICES
1. Fire Service Training:
Mesa will provide fire service training and follow-on continuing education as
outlined in Exhibit A, Mesa Fire and Medical Department Fire Service Training
Menu.
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2. Availability of Training:
Nothing in this Agreement creates an obligation or otherwise requires Mesa to host
training or to provide an opportunity for any Government Entities' personnel to
attend any particular training class hosted by Mesa under this Agreement.
3. Training Records:
Mesa will provide original training records for the Government Entities' personnel
upon the completion of any training provided under this Agreement, upon
completion of a fire recruit academy being provided under this Agreement, or upon
termination of the Government Entities' employees attendance in the training
program. Mesa will maintain records of lesson plans, class rosters, and other
documentation common to the class as a whole as required by law, fire service
standards, or best practices require or make reasonable and prudent the
preservation of such information as required by law.
4. Equipment and Assistance with Training:
4.1 Mesa shall specify the equipment and materials ("Required Equipment")
that the Government Entities must provide to its employees, or that the
Government Entities' employees must have, in order to participate in any
particular training program. The Government Entities' employees must have
the required equipment as a condition of participation in the training
program.
4.2 Upon reasonable request, the Government Entities will provide Mesa
instructors with administrative assistance. When the Government Entities
facilities or equipment (e.g., a burn building, training props, apparatus, etc.)
that can facilitate a specific training being conducted by Mesa is requested,
the Government Entities will allow Mesa to use such facilities, subject to
their availability, when it is determined by both Parties to be in their mutual
best interest. Any such contributions of facilities or equipment by the
Government Entities, to the extent applicable, will be considered by the
Mesa Fire Chief in determining the Training Fees to be paid by the
contributing Government Entities.
5. Discipline. Academic Requirements and Skill Performance Standards:
5.1 Mesa reserves the right, in its sole discretion, to determine whether the
Government Entities' employees are maintaining the minimum
requirements necessary to continue the training. Mesa may, in its sole
discretion and after advising the specific Government Entities, remove the
specific Party's employee from the training for failure to abide by the
academic, ethical, or disciplinary standards applicable to all fire service
training participants. In the event a Government Entities' employee is
removed from training for failure to abide by the academic, ethical, or
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disciplinary standards applicable to all fire service training students, the
employing party will remain responsible for full payment of the contractual
training fees set forth in this Agreement for its employee removed from
training. Removal from training is separate and independent from whether
the impacted employee is disciplined or terminated by the employing
Government Agency.
5.2 Government Entities' employees shall all be subject to the same standards
for the purposes of training and academics. In the event that a Government
Entities' employee is suspected of having engaged in misconduct while in
training conducted by Mesa, Mesa shall report the suspected misconduct
to the Government Entities employing said employee as soon as possible.
The employing Government Entities will be responsible for conducting any
appropriate investigation and taking corrective action or discipline.
5.3 Mesa has the sole and exclusive responsibility and authority to determine
issues relating to: (1) the curriculum and content of instruction for training;
(2) the training schedule and hours; (3) decisions about whether the
Government Entities' employees should remain in the training; (4) the
implementation and execution of policies and procedures applicable to
Mesa controlled training and Mesa owned training locations, (5) the facility
and location of site specific training, and (6) the assignment and use of any
Government Entities' provided instructors, staff, or equipment.
5.4 The Government Entities understand and agree that Mesa will determine
the curriculum for training programs to meet and satisfy, in part, Mesa
standards, which may include the skill performance standards within the
Mesa Fire and Medical Department's Training Standards. The Government
Entities may request cross -training on Mesa materials, the presentation of
which shall be provided by the Government Entities personnel. The Parties
further understand and agree that Mesa will determine the appropriate
location necessary to support training programs which, in part, satisfy Mesa
standards. Additional training needs beyond Mesa standards, which may
require additional time and resources by way of separate agreements, will
be the sole responsibility of the requesting Government Entities.
5.5 Mesa will communicate with the Government Entities on issues that may
affect the ability of a Government Entities' employee to successfully
complete the training program, including, but not limited to academics,
physical fitness, discipline, requirements of the Arizona State Fire Marshal
and Arizona Department of Health Services. Mesa will advise the
Government Entities, as soon as possible, when it appears that a
Government Entities' employee may be subject to being removed from the
Mesa training program.
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6. Government Entities Responsibilities:
Government Entities agree to be responsible for ensuring that their employees
sent to Mesa's premises or training location pursuant to this Agreement meet the
following minimum requirements to receive the training:
6.1 Government Entities warrant that its employees participating in training
are thoroughly familiar with the type of exercise and physical ability
necessary to participate and represent that, to the best of its knowledge,
the health and physical condition of all its Government Entities' employees
participating is excellent and that they are capable of undertaking this
training.
6.2 Government Entities warrant that all Government Entities' employees
participating in training are thoroughly familiar with the type of training being
conducted and that their training and experience is sufficient to undertake
this training.
6,3 Government Entities agree that prior to receiving Mesa fire training services
training or utilizing a Mesa facility for training, Government Entities'
employees must sign and submit an Assumption of Risk and Release
Agreement in the form as attached hereto as Exhibit B.
6.4 While on Mesa's premises and at any other time or place during which fire
service training or other activity pursuant to this Agreement is being
conducted, Government Entities warrant that its employees will comply with
all applicable United States Federal, State of Arizona, and Local laws,
statues, and ordinances, and with all legal and applicable regulations or
orders of any governmental department, board, bureau, or Government
Entities.
6.5 Government Entities will ensure that its employees have all required
protective gear, uniforms, or other required equipment for the fire service
training.
6.6 Necessary third party agreements: Due to the variety of insurance,
indemnification, background check requirements etc., where training
requires a separate Agreement in order to provide clinical rotations, such
as in Paramedic Training, the Government Entities will be solely responsible
for making sure their employees are covered under an agreement with the
non -Mesa owned training site location and the respective Government
Entities.
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ARTICLE IV. PAYMENTS
1. Payment and Fees:
Government Entities will pay the amount identified in the Mesa Fire and Medical
Department Fire Service Training Menu, Exhibit A, for each Government Entities'
employee that attends training. This amount may be adjusted at the discretion of
Mesa based on Government Entities' contribution to the training through the
provision of non -monetary resources such as facilities, equipment, or personnel,
recruit training officers, and other factors listed for non -monetary resources.
2. Invoicing:
Mesa will invoice the Government Entities at the conclusion of each training class
conducted by Mesa under this Agreement. Government Entities shall remit all
payments to Mesa Fire and Medical Department within thirty (30) calendar days of
the invoice date (the "Due Date"). If Government Entities' payment is not received
within five (5) business days after the Due Date, Mesa may exercise its right to
terminate this Agreement as to the non-paying Government Entities.
3. Fees for Non -Monetary Resources:
In establishing the Fire Service Training Fee, Mesa may consider the nature and
duration of the training; additional expenses associated with the Government
Entities' participation in the training; and the non -monetary contributions by the
Government Entities in facilities, personnel, or equipment. The Mesa Fire and
Medical Department Fire Chief has the discretion to waive fees, in whole or part,
for one or more Government Entities when it is in the best interest of Mesa.
ARTICLE V. GENERAL TERMS AND CONDITIONS
1. Governing Law; Forum; Venue:
This Agreement is executed and delivered in the State of Arizona, and the
substantive laws of the State of Arizona (without reference to choice of law
principles) will govern its interpretation and enforcement. Any action brought to
interpret or enforce any provision of this Agreement that cannot be administratively
resolved, or is otherwise related to or arising from this Agreement, will be
commenced and maintained in the state or federal courts in the State of Arizona,
Maricopa County, and each of the Parties, consents to jurisdiction and venue in
such courts for such purposes.
2. Implied Terms:
Each and every provision of law and any clause required by law to be in this
Agreement shall be read and enforced as though it were included herein, and, if
through mistake or otherwise, any such provision is not inserted, or is not correctly
inserted, then upon the application of any Party, the Agreement shall be amended
to make such insertion or correction.
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3. Entire Agreement; No Waiver; Amendment:
This Agreement is intended by the undersigned Parties as the final expression of
their agreement and is intended to be the complete and exclusive statement of the
terms of the Agreement between the Parties. No course of prior dealings between
the Parties and no usage in the trade shall be relevant to supplement or explain
any term used in this Agreement. Acceptance or acquiescence in a course of
performance rendered under this Agreement shall not be relevant to determine the
meaning of this Agreement even though the accepting or acquiescing Party has
knowledge of the nature of the performance and the opportunity to object. Any
delay or failure to exercise or enforce any right, power, privilege, or remedy under
this Agreement by a Party will not be deemed a waiver, release, or modification of
the requirements of this Agreement or any of its terms or provisions by that Party.
This Agreement may not be modified or amended except in a writing signed by all
Parties.
4. Additional Government Entities to the Agreement:
Notwithstanding the provisions of Article V, Paragraph 3 above, the Government
Entities hereby give consent, without further written approval by any of the
Government Entities who are a Party to this Agreement, to grant Mesa the right to
modify or amend this Agreement to add additional Government Entities to this
Agreement at any time during the Initial Term or Extended Term.
5. Health Insurance Portability and Accountability Act (HIPAA) of 1996:
The Parties certify that each is familiar with the requirements of HIPAA, as
amended by the Health Information Technology for Economic and Clinical Health
Act (HITECH Act) of 2009, and accompanying regulations and will comply with all
applicable HIPAA requirements during the Initial or Extended Term of this
Agreement. The Parties warrant that each will cooperate in the course of
performance of the Agreement so that the Parties will be in compliance with
HIPAA.
6. Third -Party Beneficiary:
The Parties expressly agree that this Agreement is neither intended by any of its
provisions to create any third -party beneficiary, nor to authorize anyone not a Party
to this Agreement to maintain a suit for personal injuries or property damage
pursuant to the terms or provisions of this Agreement.
7. Fund Appropriation Contingency:
The Parties understand that the continuation of this Agreement is subject to the
budget of the Parties providing for the associated expenditures. The Parties cannot
assure that the funding for this Agreement will be approved in the future. In such
event, any Party not appropriated funding to fulfill its obligations under this
Agreement may seek to terminate this Agreement as to the non -appropriated
Party.
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8. No Joint Venture:
No term or provision in this Agreement is intended to create a partnership, joint
venture, or agency arrangement between any of the Parties.
8. Assignment and Delegation:
Neither this Agreement, nor any of its rights or obligations, may be transferred or
assigned by any of the Government Entities to another without the prior written
consent of all Parties. Any attempt to assign this Agreement without prior written
consent, will be void and may result in penalties up to and including termination of
the Agreement.
10. Independent Contractor Status:
Except as otherwise provided by A.R.S. §23-1022(D), the Parties agree that no
Party shall be deemed to be an employee or agent of any other Party to this
Agreement and that the relationship created by this Agreement is that of
independent contractors. To the extent applicable by law, no Government Entities
nor any of its respective agents, employees or volunteers will be deemed to be the
employee, agent, volunteer, or servant of Mesa.
11. Workers' Compensation:
To the extent required by law, and pursuant to A.R.S. §23-1022(D), for the
purposes of workers' compensation coverage, all employees of each Party who
engage in training or activities pursuant to this Agreement shall be deemed to be
an employee of all Parties. The Government Entities which regularly employs an
employee entitled to workers' compensation arising out of work associated with
this Agreement shall be the Government Entities solely liable for payment of all
workers' compensation and related benefits. Ail Parties agree to post a notice to
their employees, as required by A.R.S. §23-1022(E), which states: "All employees
are hereby further notified that they may be required to work under the jurisdiction
or control of or within the jurisdictional boundaries of another public agency
pursuant to an intergovernmental agreement or contract and under such
circumstances they are deemed by the laws of Arizona to be employees of both
public agencies for the purposes of workers' compensation."
12. Severability:
The provisions of this Agreement are severable to the extent that any provision or
application held to be invalid shall not affect any other provision or application of
the Agreement, which shall remain in effect without the invalid provision or
application.
13. Compliance with Laws:
The Parties will comply with all existing and subsequently enacted federal, state,
and local laws, ordinances, codes, and regulations that are, or become applicable
to this Agreement. If a subsequently enacted law imposes substantial additional
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costs, a request for an amendment may be submitted by any Party to this
Agreement.
14. Drug Free Workplace:
The Parties will comply with the Drug Free Workplace Act of 1988 and will permit
inspection of its personnel records to verify such compliance. A Party's breach of
the above -mentioned warranty shall be deemed a material breach of the
Agreement and may result in the termination of the Agreement.
15. Immigration Requirements:
To the extent applicable by law, the Parties will comply with the Immigration
Reform and Control Act of 1986 ("IRCA") and will permit inspection of its personnel
records to verify such compliance. To the extent applicable under A.R.S. § 41-
4401, each Party warrants compliance with all federal immigration laws and
regulations that relate to its employees and compliance with the E-Verify
requirements under A.R.S. § 23-214(A). Each Party has the right to inspect the
papers of the other Parties participating in this Agreement to ensure compliance
with this paragraph. A Party's breach of the above -mentioned warranty shall be
deemed a material breach of the Agreement and may result in the termination of
the Agreement.
16. Legal Worker Requirements:
To the extent applicable under the provisions of Arizona Revised Statutes § 41-
4401, all Parties warrant to the other that each Party is in compliance with, and will
continue to comply during the term of this Agreement, with all Federal Immigration
laws and regulations that relate to their employees and that each Party is in
compliance with the E-Verify Program pursuant to Arizona Revised Statutes § 23-
214(A).
17. Nondiscrimination.
The Parties to this Agreement shall comply with all applicable provisions of
state and federal non-discrimination laws and regulations including, but not limited
to, State Executive Order No. 99-A, which mandates that all persons, regardless
of race, religion, sex, age, national origin or political affiliation shall have equal
access to employment opportunities and all other federal and state employment
and educational opportunity laws, rules and regulations, including the
Americans with Disabilities Act as Amended. No Party shall engage in any form
of illegal discrimination with respect to applications for employment, student
status, employees, or students.
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18. Confidential Information:
18.1 Confidential Information. "Confidential Information" means all non-public,
confidential, sensitive, or proprietary information disclosed or made
available by one Party ("Discloser") to any other Party or its affiliates,
employees, contractors, partners, or agents (collectively "Recipient") for the
stated purpose, whether disclosed before or after the Effective Date,
whether disclosed orally, in writing, or via permitted electronic access, and
whether or not marked, designated, or otherwise identified as confidential.
Confidential Information includes, but is not limited to: user contents,
electronic data, network configurations, information security practices,
financial accounts, personally identifiable information, protected health
information, protected criminal justice information, and any other
information that by the nature and circumstance of the disclosure should be
deemed confidential. Confidential Information does not include this
document or information that: (a) is now or subsequently becomes generally
available to the public through no wrongful act or omission of Recipient; (b)
Recipient can demonstrate by its written records to lawfully have had in its
possession prior to receiving such information from Discloser; (c) Recipient
can demonstrate by its written records to have been independently
developed by Recipient without direct or indirect use of any Confidential
Information; (d) Recipient lawfully obtains from a third party who has the
right to transfer or disclose it; or (e) Discloser has approved in writing for
disclosure.
18.2 Non -Disclosure and Unauthorized Use. Recipient shall: (a) protect and
safeguard Confidential Information with at least the same degree of care as
Recipient would protect its own Confidential Information, but in no event
with less than a commercially reasonable degree of care, such as using
data encryption and maintaining appropriate technical and organizational
security measures; (b) not use Confidential Information, or permit it to be
accessed or used, for any purpose other than in accordance with this
Agreement; (c) not use Confidential Information, or permit it to be accessed
or used, in any manner that would constitute a violation of law, including
without limitation export control and data privacy laws; and (d) not disclose
Confidential Information except to the minimum number of recipients who
have a need to know and who have been informed of and agree to abide
by confidentiality obligations that are no Tess restrictive than the terms of
this Agreement.
18.3 Ownership. Confidential Information shall remain the exclusive property of
the Discloser. Nothing in this Agreement shall be construed to grant the
Recipient any proprietary rights, whether by license, assignment, or
otherwise, to the Confidential Information.
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18.4 Return or Destruction. Upon Discloser's written request, or upon
completion of or expiration of this Agreement, whichever is earlier, Recipient
shall promptly return or destroy all Confidential Information belonging to
Discloser that Recipient has in its possession or control. Upon Discloser's
request, Recipient will certify as to its compliance with this paragraph. The
requirements of this paragraph shall be subject to all public record retention
policies, legal holds, and applicable laws.
18.5 Public Record. The Parties acknowledge and agree that they are a public
body subject to Arizona's Public Records laws (A.R.S. §39-121 et. seq.) and
any documents or records related to the Agreement may be subject to
disclosure pursuant to state law in response to a public records request,
subpoena, or other judicial or legal process. A Party receiving a public
records request, subpoena or other judicial or legal request for documents
(the "Request") arising out of or related to the Agreement shall promptly
(within 3 business days) after receiving the Request notify all other Parties
to the Agreement regarding the request for documents arising out of or
related to the Agreement.
If a Party believes documents arising out of or related to this Agreement
contain confidential or proprietary data or trade secrets, and objects to their
disclosure, the Party objecting to disclosure may seek a protective order
prohibiting disclosure from a court having jurisdiction over the matter. If the
Party objecting to disclosure does not obtain a protective order prohibiting
disclosure and provide a copy of the protective order to all other Parties
within ten (10) business days after receiving notice of the Request for
documents, the Party who received the Request may release the
documents without further notice to any other Party.
19. Counterparts.
This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original.
ARTICLE VI. INDEMNIFICATION
1. Indemnification and Claims Release:
1.1
The Government Entities acknowledge that participating in the Fire Service
Training is dangerous and includes inherent and hazardous risks, including,
but not limited to, the risk of serious injury, illness, death, burns,
dismemberment, or permanent disability to the Government Entities'
employees.
1.2 Indemnification:
Each Party (as "indemnitor") agrees to indemnify, defend, and hold
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harmless the other Parties, and its elected and appointed officials,
employees, agents, and volunteers (as "Indemnitee") from and against any
and all claims, losses, liability, costs, or expenses (including reasonable
attorney's fees) (collectively "Claims"), 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.
Each Party must also use its best efforts to cause all contractors (each an
"Additional Indemnitor") to indemnify, defend, and hold harmless the other
Parties from and against any and all Claims caused, or alleged to be
caused, in whole or in part, by the negligent or willful acts or omissions of
the Additional Indemnitor [and persons for whom they are vicariously liable].
1.3 Indemnifications Survive. The provisions of this Agreement wherein a Party
has explicitly indemnified the other Parties shall survive the expiration or
termination of this Agreement.
ARTICLE VII. NOTICES
1. Any notice, consent, or other communication ("notice") required or permitted under
this Agreement must be in writing and either delivered in person, sent by facsimile
transmission, deposited in the United States mail, postage prepaid, registered or
certified mail, return receipt requested, or deposited with any commercial air
courier or express service addressed to the Parties at the addresses set forth in
Exhibit C.
Notice will be deemed received at the time it is personally served or, on the day it
is sent by facsimile transmission or, upon deposit with any commercial air courier
or express service or, if mailed, ten calendar (10) days after the notice is deposited
in the United States mail as provided above. Any Party may change its mailing
address, fax number, or the contact information for the person to receive notice by
notifying all other Parties as provided herein. Notice sent by facsimile transmission
must also be sent by regular mail to the recipient at the above address. This
requirement for duplicate notice is not intended to change the effective date of the
notice sent by facsimile transmission.
[SIGNATURES ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
City of Mesa, an Arizona municipal corporation
By:
Christop- =r J. :dy
City Manager
ATTEST:
A: PROVED AS TO ORM:
Alfr . J. �' ith
De• ty City Attomey
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
CITY OF MESA
By:
Alfre
Deputy Cit rAttomey
Date: i/v/202
I00S03.i83 1}
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
City of Casa Grande Fire Department
By:
Tony Lafalce
Assistant Fire Chief
ATTEST:
Gloria Leija
City Clerk Director
APPROVED AS TO FORM:
By:
Brett Wallace
City Attorney
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
CITY OF CASA GRANDE
By:
Brett Wallace
City Attorney
Date:
14
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
Salt River Pima-Maricopa Indian
Community Fire Department
By:
Tsosie Wood
Fire Chief
By:
Mike Mink
Deputy Fire Chief
ATTEST:
President Signatory, Erica Harvier Council
APPROVED AS TO FORM:
Jeffery Harmon
Assistant General Counsel
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY
By:
Jeffery Harmon
Assistant General Counsel
Date:
15
lb
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
Town of Florence Fire and Medical Department
By:
Tara Walter
Mayor
By:
James Walter
Interim Battalion Fire Chief
APPROVED AS TO FORM:
By:
Clifford Mattice
Town Attorney
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
TOWN OF FLORENCE FIRE AND MEDICAL DEPARTMENT
By:
Clifford Mattice
Town Attorney
Date:
17
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
Superstition Fire and Medical District
By:
John Whitney
Fire Chief
APPROVED AS TO FORM:
By:
William R. Whittington
Attorney for the Board
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
SUPERSTITION FIRE AND MEDICAL DISTRICT
By:
William R. Whittington
Attorney for the Board
Date:
18
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
City of Maricopa, an Arizona municipal corporation
By:
Rick Horst
City Manager
ATTEST:
Vanessa Buaras
City Clerk
APPROVED AS TO FORM:
By:
Deputy City Attorney
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
CITY OF MARICOPA
By:
Date:
Deputy City Attorney
19
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
Town of Payson Fire Department
By:
David Staub
Fire Chief
APPROVED AS TO FORM:
By:
Jon Paladini
Town Attorney
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
TOWN OF PAYSON FIRE DEPARTMENT
By:
Jon Paladini
Town Attorney
Date:
20
IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Party.
Fort McDowell Yavapai Nation
By:
By:
Mark Barnhart
Acting Fire Chief
Eddie Smith
Fire Chief
ATTEST:
Veriene Baptista
Tribal Council Secretary
APPROVED AS TO FORM:
By:
Diandra Benally
General Counsel
In accordance with A.R.S. §11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
FORT McDOWELL YAVAPAI NATION
By:
Diandra Benally
General Counsel
21
Date:
EXHIBIT A
MESA FIRE AND MEDICAL DEPARTMENT FIRE SERVICE TRAINING MENU
Aircraft Rescue Firefighter (ARFF) Certification Training
Course Overview
Description
Scope
Students will study a curriculum required pursuant to the Federal
Aviation Administration (FAA) 139.319. Students will learn skills
needed to safely perform at PMGA and
Falcon Field to include but not limited to:
Airport Familiarization, Aircraft Familiarization, Aircraft Rescue
Fire Fighter (ARFF) Safety, Emergency Communications,
Apparatus, Agents, Aircraft Evacuation, Tactics and Strategy,
Adaptive Structure, Cargo — Hazards, Emergency Plan, Airport
Movement Area, Drivers Training, Annual Live Burn, Annual
Escort Badging.
This training will utilize the Incident Management/Unified
Command structure and provide structure for working with our
Aviation Partners.
Course Length
Testing/Certification
1 Classroom Week, 40 Hours
additional driver training days as determined by Mesa
Optional Live Burn Day (1 day per student)
Students will be evaluated and tested on their knowledge, skills,
and abilities throughout the course. Skill and performance
evaluations are completed during the Live Burn Exercise and
Drivers Training portion of the class.
Students must complete a written examination at the end of the
,course with a passing score of 75%.
Engineers will be required to complete additional Drivers Training
with the Drivers Training Captain at the end of the 40-hour
course.
Students will be required to complete a Live Burn Exercise at the
nd of the 40-hour course to become ARFF Certified.
Students must attend 100% of the class, Live Burn and Drivers
raining to be certified.
23
Cost
Base cost - $1,340.00 per student
Base cost with optional live burn - $1,840.00 per student
Firefighter Recruit Training (Academy)
Course Overview Description
The Mesa Fire and Medical Department Regional Recruit
Training Academy is conducted over a minimum of 15 weeks with
600 hours of training and meets the requirements of the Regional
Automatic Aid IGA.
Overview
Scope
Over the course of the firefighter recruit academy the following
skills will be covered:
• Physical Fitness
• Peer Support
• EMS Training
• Haz Mat / Special Ops
• Vehicle Safety
• Fireground Skills
SCBA
• Hose Lays
Search & Rescue
Ventilation
Forcible Entry
Hose Management
Ground Ladders
• Live Fire Training
o Intro to Heat
O Flashover
o Functional Burns
Car Fires
• Ladder Functions
Extrication
Salvage & Overhaul
Commercial Ventilation
• Building Construction
• High Rise
• Fireground Survival
• Power & Hand Tools
• Communications
• Tactics
• Utilities
• Violent Incident Training
24
• Extinguishers
• Cancer Awareness & Prevention
• Safety
• Professional Standards
• Firefighter Survival
• Urban Interface
• Mental Health / Peer Support
Course Length
15 weeks (dependent on City Holidays)
600 Hours
Prerequisites
• Arizona State EMT
• IAFF Certified CPAT
• CPR Certification:
• American Heart Association (AHA) - Health Care
Provider
• American Red Cross (ARC) - CPR for the Professional
Rescuer
• National Safety Council (NSC) — Equivalent
Qualification
Testing/Certification
Students will be evaluated and tested on their knowledge, skills,
and abilities throughout the academy. At the end of the recruit
training academy, recruits that have not previously obtained
Arizona State Firefighter 1 & 2 certification will be required to
complete that testing process.
The Arizona Center for Fire Service excellence administers the
test including practical skills evaluations and a written exam.
Upon completion of that exam, recruits will be Firefighter 1 & 2
certified. Upon completion of the recruit academy, recruits
become Probationary Firefighters and work under the supervision
of a Field Training Officer for up to 9 months.
Evaluation Strategy
Practical Skills will be assessed through skills evaluations via
iPad and a training database. Results are shared with recruits.
Instructor
Certification
The Mesa Fire and Medical Department Regional Recruit
Training Academy is taught by Regional Fire Captains and
subject matter experts in not more than a 4 to 1 student/instructor
ratio. It is recommended for instructors to obtain Fire Instructor 1
certification.
Cost
$3,500 per recruit until July 2024. $4,500 per recruit after July
2024.
If a participating regional City sends a Recruit Training Officer for
the length of the academy the price for up to 2 recruits will be
waived.
Hazardous Material Technical (HZM) Certification Training
ourse Overview
Description
Scope
ourse Length
Prerequisite
Testing/Certification
Cost
Over the course of the program, students will learn the skills
needed to safely perform Hazardous Material Technician level
response in accordance with OSHA CFR29 1910.120 and NFPA
472 & 1072.
The objectives of the course are to teach participants:
• to classify, identify, and verify known and unknown material
by using field survey instruments and equipment;
• to select and use the proper chemical protective clothing
provided to the hazardous materials Technician;
• to understand hazard and risk assessment techniques for
Hazmat and CBRNE environments;
to be able to perform advanced control, containment, and/or
confinement operations within the capabilities of the
resources and personal protective equipment available;
• to develop incident action plans within the parameters of the
incident command system.
5 Weeks, 200 Hours
Hazardous Materials First Responder Operations
Students will be evaluated and tested on their knowledge, skills,
and abilities throughout the course. Skill and performance
evaluations are included in the daily breakdown within the course
pertaining to the skills being learned.
Students must complete a written examination at the conclusion
of the following module with a passing score of 75%:
• Chemistry
At the conclusion of the entire Hazardous Materials Technician
program, students must complete a written examination covering
all course objectives in accordance with IFSAC accreditation
standards.
A passing grade of 75%, as well as successful completion of all
skill check -offs is required by each student in order to complete
the course.
$4500 per student
26
Technical Rescue
Technician (TRT) Certification Training
Course Overview
Description
Scope
Over the course of the program, students will learn the skills
needed to safely perform rescue operations in the following
areas of expertise:
- Rope Rescue
• Confined Space Search and Rescue
• Trench and Excavation Search and Rescue
• Structural Collapse
• Swiftwater Rescue
• Vehicle and Machinery Rescue
• Helicopter Rescue Operations
This training will utilize the Incident Management/Unified
Command structure to assess a technical rescue hazard within
the response area, identify the level of operational capability,
and establish operational criteria.
Course Length
5 Weeks, 200 Hours
Testing/Certification
Students will be evaluated and tested on their knowledge,
skills, and abilities throughout the course. Skill and performance
evaluations are included in the daily breakdown within the
course pertaining to the skills being learned.
Students must also complete a written examination at the
conclusion of the following modules with a passing score of
80%:
• Confined Space Rescue
• Trench Rescue
• Structural Collapse
In addition, at the conclusion of the entire Technical Rescue
Technician program, students must complete a written
examination covering all course objectives. A passing grade of
80%, as well as successful completion of all skill check -offs is
required by each student in order to complete the course.
Cost
$4500 per student
27
EXHIBIT B
ASSUMPTION OF RISK AND RELEASE AGREEMENT
ASSUMPTION OF RISK AND RELEASE AGREEMENT
MESA FIRE AND MEDICAL DEPARTMENT FIRE SERVICE TRAINING
THIS IS A RELEASE OF LEGAL RIGHTS
READ AND UNDERSTAND BEFORE SIGNING
hereby agree as follows:
1. Risk of Activity. I understand that participation in Fire Service Training exercises
('Activities") with Mesa Fire and Medical Department and its affiliated training
vendors (collectively "Mesa"), at Mesa or affiliated vendor locations ("Site(s))
involves inherent risk of physical injury and illness associated with and arising out
of my presence at the Site and participation in the Activities. I have made my own
investigation of these risks and fully accept these risks. I am thoroughly familiar
with the type of exercise and physical ability necessary to attempt the Training.
represent that to the best of my knowledge my health and physical condition are
excellent and that I am physically capable of participating in Training. I understand
that the Training is dangerous and includes the risk of serious injury, burns, illness,
death, or permanent disability. I acknowledge that any injuries that I sustain may
be compounded by negligent emergency response or rescue operations of Mesa.
. I am knowingly and voluntarily participating in the Training with an understanding
of the risks involved and hereby agree to accept and assume any and all risks of
injury, illness, death, or permanent disability I incur, whether caused by Mesa or
otherwise.
2. Waiver of Liability. I understand Mesa is not responsible for any injury or loss I may
suffer while participating in Activities at the Site. I hereby completely and
unconditionally release and forever discharge Mesa, its elected and appointed
officials, officers, employees, agents, and all other participants, from all injury, loss,
damage, accident, delay, or expense, arising out of any Activities at the Site.
3. Health and Safety.
a. Prior to participating in the Activities, I was advised to consult with a medical
professional to ensure I am medically able to participate in the Activities. 1 have
had the opportunity (or knowingly waive the right) to consult with and be
examined by a medical professional with regard to my personal medical
condition. There are no health -related reasons or conditions precluding or
restricting my participation in Activities at the Site(s).
b. I have arranged, through insurance or other means, to meet any and all needs
28
for payment of medical costs while I participate in Activities at the Site. I
acknowledge and understand Mesa is not obligated to attend to any of my
medical or medication needs, and I assume all risk and responsibility therefrom.
If I require medical treatment or hospital care during the Activities, Mesa is not
responsible for the cost or quality of such treatment or care.
c. Subject to medical decision -making capacity, I acknowledge and understand
Mesa may, but is not obligated to, take any action it considers warranted
under the circumstances regarding my health and safety. I agree to pay all
expenses related thereto and release Mesa from any liability for any actions
taken.
4. Standard of Conduct. I agree to comply with all Mesa's rules, standards, and
instructions while a participant in Activities at the Site, including but not limited to,
the Mesa Fire and Medical Department Rules and Regulations, as amended. I
waive and release all claims against Mesa for my failure to remain under the
supervision of Mesa personnel or to comply with such rules, standards, and
instructions.
5. Assumption of Risk and Release of Claims. Knowing the risks described above,
and in consideration of being permitted to participate in Activities at the Site, I
agree, on behalf of myself, family, heirs, and personal representative(s), to assume
all risks and responsibilities surrounding my participation in Activities at the Site. To
the maximum extent permitted by law, 1 release and indemnify Mesa, its elected
and appointed officials, officers, employees, and agents, from and against any
present or future claim, loss, or liability for injury to person or property which I may
suffer, or for which I may be liable to any other person, during my participation in
Activities at the Site, including periods in transit to or from the Site.
6. INDEMNITY: I SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS MESA
AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES,
CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS,
PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING
REASONABLE ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY
RIGHT TO INDEMNIFICATION UNDER THIS ASSUMPTION OF RISK AND
RELEASE AGREEMENT (the "WAIVER"), AND THE COST OF PURSUING ANY
INSURANCE PROVIDERS, INCURRED BY THE INDEMNIFIED PARTY ARISING
OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD- PARTY RELATED TO
MY PARTICIPATION IN THE TRAINING. THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM
THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF MESA, IN
INSTANCES WHERE SUCH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
CAUSES PERSONAL OR BODILY INJURY, DEATH, OR PROPERTY DAMAGE.
IN THE EVENT I AND MESA ARE FOUND JOINTLY LIABLE BY A COURT OF
COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF
ARIZONA.
29
7. No Joint Venture: I understand that no term or provision in this Waiver is intended to
create a partnership, joint venture, or agency arrangement between any of the
Parties. I further understand that no Party shall be deemed to be an employee or
agent of the other Party to this Agreement. To the extent applicable by law, I will not
be deemed to be the employee, agent, or servant of Mesa. I understand that where
I am included as a "student" that does not deem me to be an employee or agent of
t Mesa.
8. Workers Compensation: For the purposes of workers' compensation coverage, the
Government Agency which regularly employs an employee entitled to workers'
compensation arising out of work associated with this Waiver shall be the
Government Agency solely liable for payment of all approved workers'
compensation and related benefits.
9. If any one or more of the provisions in this Waiver Rare determined to be invalid,
illegal, or unenforceable, it shall not affect any other provision of this Waiver r, and
this Waiver shall be construed as if such invalid provision had never been contained
in this Waiver . In any legal action in connection with this Waiver, the exclusive venue
shall be in the courts of Maricopa County, Arizona and this Waiver shall be construed
in accordance with the laws of the State of Arizona.
I have carefully read this Waiver Form and sign it voluntarily. No representations,
statements, inducements, oral or written, apart from the foregoing written Waiver, have
been made to me. This Waiver shall become effective only upon receipt by Mesa and
shall be governed by and construed in accordance with the laws of the State of Arizona
including Mesa's Charter and Municipal Ordinances.
Executed on this date
By
Printed Name of individual Signature of Individual
Printed Name of Witness Signature of Witness
Name of Government Agency
30
EXHIBIT C
ADDRESSES OF PARTIES
City of Mesa Fire and Medical
Attn: Mary Cameli
Mesa Fire Chief
13 W. 1st Street
Mesa, AZ 85201
(480) 644-3070
Mary.Cameli@mesaaz.gov
City of Casa Grande Fire Department
Attn: Tony Lafalce, Assistant Fire Chief
377 E. Val Vista Blvd.
Casa Grande, Az. 85122
Office: 520-421-8777 X-5970
Cell: 520-270-0553
Fax: 520-836-1129
tlafalcecasag ra ndeaz.gov
Salt River Pima-Maricopa Indian Community
Attn: Fire Chief Tsosie Wood and Deputy Chief Mike Mink
10005 E. Osborn Road
Scottsdale, AZ 85256
Office: 480-362-7345 (Deputy Chief Mike Mink)
Cell: 480-686-6802 Deputy Chief Mike Mink)
Fax: 480-850-8231
tsosie.wood( srpmic-nsn.qov
mike.mink@srpmic-nsn.gov
Town of Florence — Florence Fire and Medical Department
Attn: Interim Battalion Fire Chief James Walter
775 N. Main Street
Florence, AZ 85132
(520) 868-7563
(520) 840-3793
james.walter(a�florenceaz.gov
Superstition Fire and Medical District
Attn: John Whitney or Kathleen Chamberlain
565 N. Idaho Road
Apache Junction, AZ 85119
31
Phone: (480) 982-4440 ext. 121
Fax: (480) 982-0183
lohn.whitney@sfmd.az.gov
kathleen.chamberlaing)sfmd.az.gov
City of Maricopa Fire/Medical Department
Attn: Fire Chief Brad Pitassi
20340 N. Estrella Pkwy
Maricopa, AZ 85139
Phone: (520) 494-2399
Fax: (520) 568-1415
brad.pitassi@maricopa-az.gov
Town of Payson Fire Department
Attn: Fire Chief David Staub
400 W. Main Street Payson, AZ 85541
928-474-5242 ext. 9
Fax: 928-474-0925
dstaub a(�paysonaz.gov
Fort McDowell Yavapai Nation
Attn: Mark Barnhart or Fire Eddie Smith
10755 N Fort McDowell Road
Fort McDowell, AZ 85264
Phone: 480-789-7521
Fax: 480-789-7525
Efax: 1-256-530-8089
mbarnhart(c�fmyn.orq
esmithfmyn.orq
RESOLUTION NO. 12130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA
COUNTY, ARIZONA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO ENTER INTO AN LNTERGOVERNMENTAL AGREEMENT WITH THE CITY
OF CASA GRANDE, CITY OF MARICOPA, TOWN OF FLORENCE, TOWN OF
PAYSON, SUPERSTITION FIRE AND MEDICAL DISTRICT, FORT MCDOWELL
YAVAPAI NATION, AND THE SALT RIVER PIMA-MARICOPA INDIAN
COMMUNITY TO ALLOW FIRE FIGHTER PERSONNEL OF THESE
GOVERNMENT ENTITIES TO ATTEND FIRE SERVICE TRAINING HOSTED BY
THE MESA FIRE AND MEDICAL DEPARTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA COUNTY,
AS FOLLOWS:
Section 1; Authorizing and directing the City Manager, or his designee, to enter into an
Intergovernmental Agreement, and any related amendments or supplements thereto, with the City of Casa
Grande, City of Maricopa, Town of Florence, Town of Payson, Superstition Fire and Medical District, Fort
McDowell Yavapai Nation, and The Salt River Pima-Maricopa Indian Community to allow fire fighter
personnel of these Government Entities to attend fire service training hosted by the Mesa Fire and Medical
Department.
Section 2; Approval by the City Attorney or designee and signature by the City Manager, or
designee, of the Intergovernmental Agreement, and any related amendments or supplements thereto, shall
constitute conclusive evidence of this City Council's approval thereof.
PASSED AND ADOPTED by the City Council of the City of Mesa, Maricopa County, Arizona, this
4`s day of December 2023
ATTEST:
`_ckrn (1
City leric
(00503492.1}
APPROVED: