HomeMy WebLinkAbout050709PZ:\Council Packets\2009\R5-7-09\090507Agenda.docx Last printed 5/6/2009 6:48 AM Page 1 of 3
AGENDA REVISED: 5-6-09
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 4:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, May 7, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Mike Archambault Councilmember Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan (6/04 -3/09)
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EXECUTIVE SESSION AGENDA
CALL TO ORDER
ROLL CALL – Mayor Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to
A.R.S. §38-431.03(A)(1), discussion or consideration of employment, assignment,
appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public
officer, appointee or employee of any public body (Specifically, discussion of applicants
relating to the Fountain Hills Town Council appointment); and (ii) Pursuant to A.R.S. §38-
431.03(A)(4), discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation (Specifically, the
Sklar v. Fountain Hills and Firerock tax litigation matters).
2.) ADJOURN TO REGULAR SESSION.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Fr. Dan Robling, Anglican Church of Atonement
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by 2010 Census representative Al Macias explaining the census process.
(ii) Presentation by Parks and Recreation Director Mark Mayer introducing a bronze
sculpture titled “Quackers” being proposed by the Public Art Committee to be paid
from the 1% Public Art Fund.
(iii) Presentation relating to the pursuit of stimulus funds.
(iv) Presentation by Pat Walker and Andrew Rheem with Red Oak Consulting regarding
the Development Fee Analysis and Report.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
April 14, 16, and 21, 2009.
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2.) CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Frederic Charles Zimmerman (Fountini’s Bar & Grill) located at 13407 N. La Montana
Drive, Fountain Hills. This is for a class 12 liquor license for a restaurant.
3.) CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Tony Chang (Katana Sushi and Grill) located at 16425 East Palisades Boulevard, #103,
Fountain Hills. This is for a class 12 liquor license for a restaurant.
REGULAR AGENDA
4.) CONSIDERATION of APPOINTING three citizens to the Parks and Recreation Commission to finish one vacated term ending December 2010, one vacated term ending December 2009, and a Youth Commissioner term ending December 2009.
5.) CONSIDERATION of RESOLUTION 2009-14, declaring the Town of Fountain Hills
Zoning Ordinance Chapter 22 – Planned Area Development (PAD) District, dated May 7,
2009, a public record pursuant to A.R.S. § 9-801.
6.) PUBLIC HEARING regarding ORDINANCE 09-03, a text amendment to the Zoning
Ordinance creating a new Chapter 22 – Planned Area Development (PAD) District. If
adopted, the amendment would create the PAD zoning district and associated criteria for
development within the district. Case #Z2008-06
7.) CONSIDERATION of ORDINANCE 09-03 a text amendment to the Zoning Ordinance
creating a new Chapter 22 – Planned Area Development (PAD) District. If adopted, the
amendment would create the PAD zoning district and associated criteria for development
within the district. Case #Z2008-06
8.) CONSIDERATION of renewing the proposed CONTRACT between the Town of Fountain
Hills and Rural Metro for Fire and Emergency services for a five year period beginning July
1, 2009, and ending June 30, 2014, and the expenditure for FY 2009-10 in the amount of
$2,852,368.00 for fire and emergency services.
9.) QUARTERLY UPDATE by the Director of Planning and Zoning on ACTIVITIES AND
PROJECTS.
10.) CONSIDERATION of APPOINTING a new Town Councilmember to fill the vacancy and
the POSSIBLE administration of the OATH OF OFFICE by Municipal Judge Ted
Armbruster.
11.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. None.
12.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
13.) ADJOURNMENT
DATED this 30th day of April, 2009
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
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AGENDA REVISED: 5-6-09
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 4:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, May 7, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Vice Mayor Mike Archambault Councilmember Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan (6/04 -3/09)
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EXECUTIVE SESSION AGENDA
CALL TO ORDER
ROLL CALL – Mayor Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to
A.R.S. §38-431.03(A)(1), discussion or consideration of employment, assignment,
appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public
officer, appointee or employee of any public body (Specifically, discussion of applicants
relating to the Fountain Hills Town Council appointment); and (ii) Pursuant to A.R.S. §38-
431.03(A)(4), discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation (Specifically, the
Sklar v. Fountain Hills and Firerock tax litigation matters).
2.) ADJOURN TO REGULAR SESSION.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Fr. Dan Robling, Anglican Church of Atonement
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by 2010 Census representative Al Macias explaining the census process.
(ii) Presentation by Parks and Recreation Director Mark Mayer introducing a bronze
sculpture titled “Quackers” being proposed by the Public Art Committee to be paid
from the 1% Public Art Fund.
(iii) Presentation relating to the pursuit of stimulus funds.
(iv) Presentation by Pat Walker and Andrew Rheem with Red Oak Consulting regarding
the Development Fee Analysis and Report.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
April 14, 16, and 21, 2009.
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2.) CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Frederic Charles Zimmerman (Fountini’s Bar & Grill) located at 13407 N. La Montana
Drive, Fountain Hills. This is for a class 12 liquor license for a restaurant.
3.) CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Tony Chang (Katana Sushi and Grill) located at 16425 East Palisades Boulevard, #103,
Fountain Hills. This is for a class 12 liquor license for a restaurant.
REGULAR AGENDA
4.) CONSIDERATION of APPOINTING three citizens to the Parks and Recreation Commission to finish one vacated term ending December 2010, one vacated term ending December 2009, and a Youth Commissioner term ending December 2009.
5.) CONSIDERATION of RESOLUTION 2009-14, declaring the Town of Fountain Hills
Zoning Ordinance Chapter 22 – Planned Area Development (PAD) District, dated May 7,
2009, a public record pursuant to A.R.S. § 9-801.
6.) PUBLIC HEARING regarding ORDINANCE 09-03, a text amendment to the Zoning
Ordinance creating a new Chapter 22 – Planned Area Development (PAD) District. If
adopted, the amendment would create the PAD zoning district and associated criteria for
development within the district. Case #Z2008-06
7.) CONSIDERATION of ORDINANCE 09-03 a text amendment to the Zoning Ordinance
creating a new Chapter 22 – Planned Area Development (PAD) District. If adopted, the
amendment would create the PAD zoning district and associated criteria for development
within the district. Case #Z2008-06
8.) CONSIDERATION of renewing the proposed CONTRACT between the Town of Fountain
Hills and Rural Metro for Fire and Emergency services for a five year period beginning July
1, 2009, and ending June 30, 2014, and the expenditure for FY 2009-10 in the amount of
$2,852,368.00 for fire and emergency services.
9.) QUARTERLY UPDATE by the Director of Planning and Zoning on ACTIVITIES AND
PROJECTS.
10.) CONSIDERATION of APPOINTING a new Town Councilmember to fill the vacancy and
the POSSIBLE administration of the OATH OF OFFICE by Municipal Judge Ted
Armbruster.
11.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future
agenda for action or (ii) directing staff to conduct further research and report back to the
Council:
A. None.
12.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
13.) ADJOURNMENT
DATED this 30th day of April, 2009
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
Raymond Rees: Environmental Planner
Randy Roberts: Assistant Fire Chief
Katie Decker: Community Affairs and Media Relations
Administrator
Town of Fountain Hills
Stimulus Funds
Avenues for Obtaining Funds
StateCounty
Federal
Key Areas Affecting Fountain Hills
EnvironmentTransportation
Public Safety
Transportation
•State/County: Town has received $1.1which is
going to be used on Shea, per Council’s direction.
•Federal: Town is awaiting May 18 deadline for
federal government to issue guidelines on remaining
funds.
Environment
•County: No funds given to the county for
disbursement.
•State: Stimulus monies are managed by the
Arizona Department of Commerce Energy Department.
•Through the DOE’s Community Energy Program
there is $5.7 million available in non-matching grants
for energy efficiency and conservation projects.
These grants are available to cities, towns and
counties that are under 35K in population.
Environment
•Federal:There is $456 million in energy grant
money. These grants are available to cities, towns and
counties that are under 35K in population.
•These are competing grants and are
administered by the U.S. Department of Energy.
There is a limit of $300K per project. If there is an
intergovernmental project chosen then the limit is
$350K.
•D.O.E. will award those projects ranging from least
in cost to the most.
•A date for the release of the program has not been
given.
Public Safety: Fire Station
•County: None
•State: None
•Federal:
•Assistance to Firefighters Grants
•Funding to construct non-federal fire stations
•$210 million Total Funding Available
•Maximum Grant amount is $15 million
•Application and guidelines to be issued,July
Volunteer Support: Thank you!
Environment
Brian Baker
Economic Development
Mike Tyler
Public Safety
Larry Moyse
Schools
Bob Thomson
Transportation
Jerry Butler
2010 Census: Town of Fountain HillsForm D-3277 (E)
2010 Census: A snapshot2•What:Count of everyone residing in the United States.•Who:All U.S. residents must be counted—people of all races and ethnic groups, both citizens and non-citizens. •Why:U.S. Constitution requires a national census once every 10 years. •When: Census Day is April 1, 2010. •How: Hundreds of regionally based partnership specialists and staff to help with the partnering process will work with local communities to promote the census. Questionnaires delivered or mailed in March 2010.
2010 Census questionnaire•Easy: Shortest census questionnaire in history. 10 questions, takes approximately 10 minutes to complete.–More detailed socioeconomic information will be collected annually from a small percentage of the population through the American Community Survey.•Safe: By law, responses cannot be shared with anyone, including other federal agencies and law enforcement entities.•Important:Census information helps determine locations for schools, roads, hospitals, job training, child-care and senior citizen centers, and more. 3
2010 Census: Key dates•One-year-out milestone: April 1, 2009 (Census Week)•Verifying the census address list: April – July 2009 •Delivery of 2010 Census questionnaires: March 2010•2010 Census Day: April 1, 2010•Final counts delivered to president: Dec. 31, 2010•Redistricting counts delivered to states: February – March 20114
2010 Key DatesJanuary- National Media Campaign beginsMarch 10 Advanced letter mailed to householdsMarch 17-19 Census Questionnaires mailedMarch 24-26 Reminder postcards mailed April 1- Census DayMarch-JuneGroup Quarters and Transitory LocationEnumerationFollow-up to Non-Responders (NRFU) Coverage Operations5
Questionnaire Assistance •QACs are staffed area generally located in donated partner space. Staffing will come from the Local Census Office clerical staff or partners staff•QAC provide respondents with assistance to include:–Completing questionnaire–Providing special language assistance–Answering general questions•Denver Region will have approximately 1,800 QAC open from March 15 – April 30, 20106
Be Counted Sites•The Be Counted program provides a means for people to be included who believe they did not receive a questionnaire or were otherwise excluded. •Denver Region will have approximately 2,300 Be Counted locations•Be Counted Boxes will be out April 1 – 30, 20107
Questionnaire: Language Assistance8•Bilingual Spanish/English Questionnaires (15 million housing units in 44 states) delivered or mailed in tracts with >40% Spanish-speaking households.•Questionnaires display both English and Spanish Telephone Questionnaire Assistance (TQA) telephone numbers.•Bilingual TQA operators available in the 5 primary non-English languages. •Language Identification Flashcards provided to all enumerators and Questionnaire Assistance Center Representatives.•Be Counted forms available in 6 primary languages: EnglishSpanishChinese (Simplified)KoreanVietnameseRussian
2010 Census materials and support•Partnership Program–Form partnerships with community orgs, businesses, faith based orgs, government–Available to conduct presentations/attend local events–Assist community to understand Census –Provide partners with $$$ through micro-purchase program•Marketing materials–2010 Census fact sheet–Customizable brochure–Template poster–Newsletter, Web site, Intranet and e-mail blast copy to share information about the 2010 Census with partners9
Questions?It’s Quick….It’s Safe…..It’s ImportantFor information on the 2010 Census, visit 2010census.gov.Thank you!10
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 5/7/2009
Meeting Type: Regular
Agenda Type: Consent
Submitting Department:
Administration
Staff Contact Information: Bevelyn J Bender, 480-816-5115, bbender@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES
from April 14, 16, amd 21, 2009.
Applicant: NA
Applicant Contact Information: NA
Property Location: NA
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account
of the discussion and action that took place at that meeting for archival purposes. Approved minutes are placed on
the Town’s website in compliance with state law.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Budget Reference (page number: NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
Attachment(s): None
SUGGESTED MOTION: Move to approve the consent agenda.
Submitted and Approved by:
Bevelyn J. Bender/Town Clerk 4/29/2009
Approved:
_________________________________________
Richard L. Davis, Town Manager Date
987464.7
FIRE PROTECTION
AND
EMERGENCY SERVICES AGREEMENT BETWEEN
The Town of Fountain Hills, an Arizona
municipal corporation
and
Rural/Metro Corporation, an Arizona corporation
987464.7
i
TABLE OF CONTENTS
Article I General Responsibilities, Obligations and Duties of Rural/Metro Fire Department,
Inc.
Article II Term, Termination and Consideration
Article III Fire Stations, Maintenance and Expenses
Article IV Fire Apparatus and Equipment Ownership, Maintenance and Replacement
Requirements
Article V Confidentiality
Article VI Mutual Aid, Insurance and Indemnifications
Article VII Miscellaneous
Appendix A Primary Service Area
Appendix B Incident Response
Appendix C Fire Code
Appendix D Standards for Training
Appendix E Manpower
Appendix F Required Reports
Appendix G Response Times
Appendix H Major Defaults
Appendix I Initial Vehicles and Equipment
987464.7
1
FIRE PROTECTION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into May 7, 2009, by and between the Town of
Fountain Hills, an Arizona municipal corporation (the “Town”) and Rural/Metro Corporation,
an Arizona corporation (“Rural/Metro”), and shall be effective as of July 1, 2009 (the “Effective
Date”).
RECITALS:
A. The Town is a municipal corporation created and existing under the laws of the State of
Arizona.
B. The Town desires to provide for fire protection and related fire services within its
corporate limits and limited adjacent areas thereto (the “Primary Service Area”), as more
particularly depicted on Appendix “A” attached hereto and incorporated herein by
reference.
C. The Town also desires to provide emergency medical services within the Primary Service
Area.
D. Rural/Metro is in the business of furnishing fire protection services, as well as emergency
medical services.
E. Rural/Metro desires to provide to the Town with fire protection and emergency medical
services.
F. The Town desires to enter into an agreement with Rural/Metro whereby Rural/Metro will
provide the community with fire and emergency related services to be undertaken in
accordance with the responsibilities set forth in this Agreement.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual undertakings and promises contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
ARTICLE I
GENERAL RESPONSIBILITIES, OBLIGATIONS AND DUTIES
OF RURAL/METRO
1.1 Fire and Emergency Related Activities. In the Primary Service Area, Rural/Metro and its
personnel shall be trained and equipped to perform, and shall use its best efforts to
perform the following fire and emergency related activities (referred to herein as the
“Services”):
987464.7
2
A. Fire Suppression. Fire suppression activities relating to structures and buildings
of whatever kind, brush fires, trash fires, or any other kind of fire of whatever
nature.
B. Hazardous Materials. Providing first responder response to Hazardous Materials
incidents, including but not limited to chlorine leaks, LPG leaks, pesticide leaks,
highway accidents with unknown hazardous materials involved, etc. Rural/Metro
shall have the right to seek reimbursement from property owners for the cost to
replace disposable and durable equipment used to mitigate a hazardous materials
incident.
C. Advanced Life Support. Advanced life support to all emergency medical requests
or incidents. All full-time personnel responding to an emergency medical request
or incident shall be at minimum of State certified Emergency Medical
Technicians.
D. Related Services. Respond to and use its best efforts to perform all emergency
and non-emergency services set forth in Appendix “B”.
E. Code Compliance Inspections. Fire prevention activities including code
compliance inspection activities to existing occupancies, as adopted by the Town
as set forth in Appendix “C”.
F. Plan Review. Conducting master plan review function as required by the Town.
Upon request of the Fire Chief or Town Manager, Rural/Metro will provide
additional plan review assistance as needed, at no additional cost to the Town.
G. Fire Prevention Program. Creating and implementing a community-wide fire
prevention education program to include public education activities to the
residents of the community. Public education activities shall at a minimum
include, but not be limited to: fire prevention week activities, junior fire setter
program, providing CPR/Automated External Defibrillator (“AED”) certification
courses to residents, and providing Fire and Life Safety Education to all schools
serving the Town area.
H. New Construction Inspections. Conducting inspections of new construction as
required by the Town of all new fire protection systems, including, but not limited
to sprinkler systems, alarm systems, etc. Rural/Metro shall be responsible for
assuring all fire protection Certificate of Occupancy requirements are met prior to
Rural/Metro signing off on the Certificate of Occupancy.
I. Fire Safety Reviews. Making fire safety reviews available to the Town residents
such as is customarily offered by Fire Departments.
J. Code Enforcement. Enforcing the Fire Prevention Code and other fire related
ordinances as set forth by the State of Arizona and/or the Town.
987464.7
3
K. Arson Investigation. Performing arson investigation support and assistance in
cooperation with the Maricopa County Sheriff’s Office.
L. AED Inspections. Performing regular inspection of all AED devices known to be
installed in public spaces and businesses within the corporate limits of the Town.
M. Car Seat Program. Creating and implementing a Certified Car Seat Installation
Technician program, with one certified technician assigned to each shift.
1.2 Training.
A. Minimum Training Standards. Rural/Metro shall be required to maintain training
levels consistent with the Arizona State Fire Marshal’s Office standards, as
amended from time to time, and with the recommendations set forth by the
National Fire Protection Association, as amended from time to time, as defined in
Appendix “D”. Where a conflict exists between the above two authorities, the
most stringent requirements will apply.
B. In-Service Training. Rural/Metro shall provide all in-service training necessary to
the performance of this Agreement. Rural/Metro shall provide a minimum of 240
hours of training to each of the full-time firefighters not on disability. Training
levels at all times will meet or exceed NFPA 1001 and/or Phoenix area Regional
Operations Consistency Committee standards. All policy and procedure manuals
used in connection with this training shall be available to the Town, for its
inspection and review and shall be updated on a regular basis.
C. Minimum Certification. All shift-qualified firefighters shall hold the Arizona
Firefighter II level of certification or better and State Emergency Medical
Technician certification. Rural/Metro may, when a vacancy occurs, hire a
Firefighter from another state who has achieved NFPA 1001 and Emergency
Medical Technician certification. That individual must, within one (1) year of
hire date, be certified as Arizona Firefighter II.
1.3 Communications Coverage. Rural/Metro shall (A) evaluate communications coverage
within the corporate limits of the Town and (B) at no additional expense to the Town,
take such steps as necessary to address any deficiencies identified, not later than ninety
(90) days after the Effective Date.
1.4 Communication Center. Rural/Metro shall, for the term of this Agreement, include the
services of its present Communication Center. The Communication Center shall be
equipped with U.L. approved equipment and be adequately staffed to receive fire and
emergency related calls from the community, and shall dispatch the necessary emergency
related vehicles in response to those calls. The equipment and staffing shall at all times
be sufficient to handle predictable call volumes and demand fluctuations.
987464.7
4
A. Calls Recorded. All incoming telephone lines used by the public to request
service, ring-down lines, and radio channels used to communicate with field units
shall be recorded at all times and capable of simultaneously recording and
electronically time-stamping all such communications. The Communications
Center shall retain all such recordings for a period of not less than six (6) months,
and shall make available such recordings to the Town within three (3) business
days of the request.
B. Dispatch Performance Criteria. Communication Center dispatch times of
apparatus shall be measured and dispatch performance criteria met. A dispatch
performance criterion is defined as requiring ninety percent (90%) of all
emergency call dispatches to be completed within sixty (60) seconds. The
dispatch time shall be measured from the point at which the emergency
information is in queue (the time the address of the incident is identified) in the
“call waiting section” of the Computer Aided Dispatch (CAD) system, to the
point at which the dispatcher initiates radio notification to the apparatus assigned
to the response. Any dispatch taking more than sixty (60) seconds to complete
shall be documented, and reports shall be available to the Town.
1.5 Fire and Emergency Related Equipment Assignments.
A. Station Assignments. Fire and emergency related equipment provided pursuant to
this Agreement shall be stationed in and assigned to specific stations in the
Primary Service Area, including, but not limited to: (1) the Town’s Fire Station
No. 1, located at 16246 East Palisades Boulevard (“Station No. 1”); (2) the
Town’s Fire Station No. 2, located at 16821 East Saguaro Boulevard (“Station
No. 2”); and (3) a location in the Fry’s shopping center (located in the Eagle
Mountain area) leased by Rural/Metro at which an ambulance and necessary crew
will be stationed (the “Eagle Mountain Substation”).
B. Mutual Aid Call-Out. It is specifically understood and agreed between the parties
hereto that Rural/Metro may, in the event of emergency, provide the equipment
assigned to the Primary Service Area to other areas for mutual aid responses to
other surrounding communities as long as fire protection service to the Town is
not adversely impacted.
C. Move-Up Equipment. Rural/Metro will make move ups of fire and emergency
medical equipment, as long as units are available to do so, when an area in the
Primary Service Area is left without adequate coverage because of a response by
the equipment assigned to that area. The move up shall be made immediately
after the dispatch of the units in the area left without adequate coverage.
1.6 Personnel. During the term of this Agreement, personnel shall be provided for as set
forth in Appendix “E”. In the event of sick, vacation, industrial injuries and other times
of absence of full-time staff, positions may be filled by part-time shift qualified
personnel.
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A. Exceptions to manning levels. In no event shall there be less than ninety-five
percent (95%) on a daily basis of firefighting positions (shift personnel) on duty at
all times. Manning levels must be brought up to full strength within twelve (12)
hours of any time when any firefighting personnel become unable to complete a
scheduled shift.
B. Support Staffing Positions. In addition to the positions set forth in Appendix “E”,
Rural/Metro shall provide additional chief officers and manpower adequate to
provide routine clerical, accounting, payroll, and such other functions as are
elsewhere delineated in this Agreement.
C. Fire Chief. Rural/Metro shall assign to the Fountain Hills operation a full time
Fire Chief, with the rank of District Chief or higher, who shall be responsible for
the supervision and coordination of Services by Rural/Metro within the Primary
Service Area. Rural/Metro agrees that the Fire Chief assigned to the Town as of
March 1, 2009, shall remain assigned to the Town during the entire term of this
Agreement, except that such person, and any successor Fire Chief may be
reassigned upon mutual agreement of the Town Manager and Rural/Metro. In the
event that the Fire Chief is to be reassigned, Rural/Metro will provide the Town
Manager a list of at least three candidates from which to select the Fire Chief.
D. Assistant Fire Chief/Fire Marshall. Rural/Metro shall assign to the Fountain Hills
operation a full time Fire Marshall/Assistant Chief, with the rank of District Chief
or higher, who shall be responsible for the supervision and coordination of
Services by Rural/Metro within the Primary Service Area in conjunction with, and
in the absence of, the Fire Chief. The Fire Marshall/Assistant Chief shall perform
such plan review, inspection and fire prevention duties as required by the Town
fire code, and shall perform such other duties as assigned by the Fire Chief.
Rural/Metro agrees that the Fire Marshall/Assistant Chief assigned to the Town as
of March 1, 2009, shall remain assigned to the Town during the entire term of this
Agreement, except that such person, and any successor Fire Marshall/Assistant
Chief may be reassigned upon mutual agreement of the Town Manager and
Rural/Metro. In the event that the Fire Marshall/Assistant Chief is to be
reassigned, Rural/Metro will provide the Town Manager a list of at least three
candidates from which to select the Fire Marshall/Assistant Chief.
E. Town Manager Consultation. The Town Manager shall be responsible for
coordinating all Services within the Primary Service Area as well as conveying
the wishes of the Town to the Fire Chief with respect to such services. The Fire
Chief shall, at all times, consider the request of the Town Manager with respect to
the implementation of fire protection and emergency medical services. While the
Town Manager shall have no chain of command authority to direct the operations
of Rural/Metro employees, such authority being reserved to the Fire Chief, the
parties to this Agreement understand that the Town expects Rural/Metro to
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reasonably respond to its needs for fire protection and emergency medical
services as communicated through the Town Manager.
1.7 Required Reports. Rural/Metro shall be responsible for assembling and recording all
performance based statistics and any other report required pursuant to this Agreement.
All reports, with the exception of the annual report, will be made available on a monthly
basis, and must be completed and made available to the Town Manager within fifteen
(15) calendar days after the end of each month. The reports that are required monthly
pursuant to this Agreement are shown in Appendix “F”. The Town reserves the right to
audit Rural/Metro’s contract compliance and emergency operations performance records
in connection with this Agreement within seven (7) business days of written request.
1.8 Annual Reports. An annual report covering the period of time between July 1 of the
preceding year and June 30 of the then-current year shall be filed with the Town by
September 1st each year that this Agreement is in effect. The annual report shall include,
but not be limited to, (A) a description of Rural/Metro’s specific implementation of the
prior fiscal year’s goals and objectives relating to fire operations, fire prevention and
public education and (B) an updated three-year operational plan.
1.9 Response Methods and Response Time. Throughout the term of this Agreement,
Rural/Metro’s response time on all Code 3 calls that originate from within the Primary
Service Area, shall meet the requirements as set forth in Appendix “G”. Rural/Metro
shall respond to all calls that originate in the Primary Service Area in the manner set forth
in Appendix “B”.
ARTICLE II
TERM, TERMINATION AND CONSIDERATION
2.1 Term. The term of this Agreement shall be for a period of five (5) years, commencing on
the Effective Date and terminating June 30, 2014. Upon written approval by both parties,
this Agreement may be extended for up to two (2) additional two-year terms.
2.2 Termination By Rural Metro.
A. For Convenience. Rural/Metro may terminate this Agreement for convenience
upon two (2) years written notice to the Town.
B. For Non-payment by the Town. Rural/Metro shall have the right, upon thirty (30)
days written notice, to cease service as required by this Agreement in the event
the Town fails to pay the compensation as provided for under this Agreement,
when due. The Town further relieves and releases Rural/Metro of any liability for
any losses, liabilities, costs and claims occurring during such time Rural/Metro
has ceased services as provided herein. Notwithstanding the above, Rural/Metro
reserves all other rights and legal remedies which may be available to it.
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2.3 Termination By the Town.
A. For Convenience or Lack of Funding. This Agreement is for the convenience of
the Town and, as such, may be terminated without cause three hundred sixty five
365 days after receipt by Rural/Metro of written notice by the Town. Further, in
the event that the Town does not fund a fire department or otherwise provide for
fire protection or emergency medical services for its citizens in any fiscal year,
the Town may terminate this Agreement upon giving three hundred sixty five
(365) days written notice. Upon termination for convenience or lack of funding,
Rural/Metro shall be paid for all undisputed services performed to the termination
date.
B. For Cause. The Town may terminate this Agreement for cause in accordance
with the following procedures:
1. Procedure in the Event of a Major Default. If a Major Default, as set forth
in Appendix “H” occurs, Rural/Metro shall have thirty (30) days from
receipt of notice from the Town of such Major Default to correct that
Major Default or provide the Town an acceptable plan to correct the Major
Default. If in the reasonable opinion of the Town Manager, the Major
Default has been corrected or the plan to correct such Major Default is
deemed acceptable within that thirty (30) day period, then the Agreement
remain in full force and effect. If, in the reasonable opinion of the Town
Manager, the Major Default has not been corrected or the plan to correct is
unacceptable, the Town may terminate this Agreement upon giving not
less than thirty (30) days written notice to Rural/Metro. If Rural/Metro
does not agree with the opinion of the Town Manager, then the decision
on determining if the Major Default has been corrected will be made by an
arbitrator mutually agreed upon by the Town and Rural/Metro pursuant to
the Commercial Rules of the American Arbitration Association.
2. Procedure in the Event of Other Violations. Violations of this Agreement,
including, but not limited to, failure by Rural/Metro to materially perform
any covenant, condition or agreement to be performed by it pursuant to
this Agreement, that are not listed as Major Defaults in Appendix “H”,
shall be remedied within thirty (30) days of written notification from the
Town. Any violation left uncorrected for more than thirty (30) days after
written notification may be declared a Major Default and the procedures
set forth above shall apply.
3. Five Major Defaults. The Town, at its sole option, may also terminate this
Agreement upon giving not less than thirty (30) days notice if five (5) or
more Major Defaults occur within any consecutive twelve (12) month
period, regardless of whether Rural/Metro has timely cured all such Major
Defaults as set forth above.
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2.4 Consideration. For the performance of the Services set forth in this Agreement, the Town
shall pay Rural/Metro Two Million Eight Hundred Fifty Two Thousand Three Hundred
Sixty Eight Dollars ($2,852,368.00) (the “Contract Price”) for the twelve (12) month
period commencing upon the Effective Date and ending on June 30, 2010. Said amount
shall be paid in twelve (12) equal monthly installments of Two Hundred Thirty Seven
Thousand Six Hundred Ninety Seven Dollars ($237,697.00) on or before the tenth (10th)
day of each month for which service is provided with the first payment due within ten
(10) days after the Effective Date.
2.5 Increased Compensation and Services. The Contract Price will be adjusted as follows:
A. Fixed Annual Adjustments. July 1 of each year of the Agreement the then-current
Contract Price for the Services shall be increased by three percent (3%).
B. Additional Services. Additions or deletions of manpower, equipment, stations,
service areas or types of service during the term of this Agreement may only
occur upon a written amendment to this Agreement, signed by both parties.
C. Extraordinary Circumstances. In the event of an unusual circumstance, such as
insurance market collapse or extraordinary increase in rates or regulatory changes,
Rural/Metro retains the right to document and request an adjustment to the
Contract Price for such specific unusual circumstance. The Town retains sole
authority to approve or disapprove that request.
ARTICLE III
FIRE STATIONS, MAINTENANCE AND EXPENSES
3.1 Fire Stations. The Town Manager shall provide, for Rural/Metro’s use in the Primary
Service Area, Station No. 1 and Station No. 2 (individually referred to herein as a “Fire
Station” or collectively as the “Fire Stations”). Rural/Metro hereby agrees that the Fire
Stations shall be sufficient to allow Rural/Metro to perform the Services during the term
of this Agreement; provided, however, that in the event that the Town constructs a new
fire station within the term of this Agreement, it shall also be made available to
Rural/Metro to perform the Services; provided further, however, that until such time as
the Town constructs and opens for operation a third fire station, Rural/Metro shall
maintain and operate the Eagle Mountain Substation at its sole cost and expense.
3.2 Structural Changes. Rural/Metro may not make any structural changes to the Fire
Stations without the express, prior, written approval of the Town Manager. All structural
changes shall be at Rural/Metro’s sole expense unless the Town and Rural/Metro agree
otherwise in writing.
3.3 Building Maintenance. Except as set forth in Section 3.4 below, the Town shall be
responsible for all maintenance of the Fire Stations and station grounds. The Town shall
be responsible for such items as, but not limited to, major building repairs, air
conditioning and heating, electrical repairs, parking lot, and providing plants for
987464.7
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landscaping. In the event Rural/Metro desires upgrades on station equipment or
landscaping, such upgrades shall be at Rural/Metro’s expense.
3.4 Daily Maintenance. Rural/Metro shall be responsible for daily maintenance including
upkeep of the interior of the Fire Stations, custodial work and housekeeping services.
3.5 Utilities. Rural/Metro shall be responsible for the cost of all utilities at the Fire Stations.
3.6 Telephone Service. Rural/Metro shall be responsible for the cost of the monthly
telephone service used at the Fire Stations. The Town shall have the right to install, at its
own expense, telecommunication and/or computer equipment to enhance connectivity
between the Fire Stations and the Town’s administrative offices.
3.7 Damage or Destruction. Rural/Metro agrees to notify the Town of any fire or other
damage that occurs to either fire station or station grounds. Such notice shall be given
within twenty-four (24) hours of such fire or other damage. Any such damage that occurs
due to the sole negligence of Rural/Metro, its employees or contractors, shall be repaired
at the sole expense of Rural/Metro.
3.8 Access to Facilities. Rural/Metro shall permit the Town, its agents, and employees to
have access to and to enter the Fire Stations at all reasonable times for any purpose
reasonably connected with the Town’s interest as owner of the Fire Stations.
3.9 Preventative Maintenance. Rural/Metro and the Town shall each establish and maintain a
comprehensive preventative maintenance program for the Fire Stations and grounds
under their respective areas of responsibility.
3.10 Return of Property Upon Termination. Upon termination of this Agreement by either
party for any reason, all building and grounds shall be returned to the Town in the same
condition as they were in at the execution of this Agreement, except for structural
changes properly made under 3.2 herein, non-structural changes and except for normal
wear and tear and casualty caused by force majeure events.
3.11 Fuel. The Town shall be responsible for purchasing fuel for the fire and emergency
vehicles.
ARTICLE IV
FIRE APPARATUS AND EQUIPMENT OWNERSHIP
MAINTENANCE AND REPLACEMENT REQUIREMENTS
4.1 Fire and Emergency Equipment Requirements and Responsibilities. The Town shall
provide all fire and emergency response vehicles and related equipment as listed in
Appendix “I”, attached hereto and incorporated herein by reference (the “Equipment”).
Rural/Metro hereby agrees that such Equipment shall be sufficient to allow Rural/Metro
to provide the Services during the term of this Agreement. In addition to the Equipment,
the Town shall be responsible for providing and purchasing all miscellaneous fire and
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emergency-related equipment following the most recent NFPA recommended standards,
as may be amended from time to time (the “Miscellaneous Equipment”). The
Miscellaneous Equipment shall include, but is not limited to, nozzles, deluge apparatus,
entry tools, hose accessories, first aid kits, oxygen, rescue tools, suction units and other
equipment needed to perform the Services set forth in this Agreement. Rural/Metro shall
provide all emergency medical supplies.
4.2 Fire Stations. The Town shall purchase fixtures, appliances and furnishings reasonably
needed in the daily operation of the Fire Stations.
4.3 Emergency Communications Equipment. Rural/Metro shall purchase, install and
maintain the needed emergency communications for all fire stations and communication
hardware for AVL and computers; provided, however, that the Town will provide the
mobile and portable radios. All Fire Stations and vehicles shall be equipped with radios
capable of utilizing Rural/Metro’s frequency.
4.4 Air Compressors and Generators. The Town shall be responsible for the purchase of all
air compressors and emergency power generators located at the Fire Stations.
Rural/Metro shall be responsible for air quality testing of such air compressors.
4.5 Fire and Emergency Apparatus Purchasing and Procedures. When, in the opinions of the
Fire Chief and the Town Manager, it is advisable to purchase additional fire, emergency
and staff apparatus or vehicles, the Fire Chief and the Town Manager shall mutually
agree upon such purchase and shall forward a recommendation to the Town Council for
approval of such purchase. During the term of this Agreement, the Fire Chief shall
follow the Town’s budgetary process when requesting the purchase of new apparatus for
any upcoming fiscal year. The Fire Chief shall provide all necessary documentation,
meet all filing deadlines and have personnel available for all presentations during this
budgetary process.
4.6 Maintenance of Apparatus and Equipment. Rural/Metro shall maintain all of the
Equipment and the Miscellaneous Equipment. The Town will pay Rural/Metro cost of
parts plus 10% per item on repairs and will be invoiced on a monthly basis. Supporting
documentation of work performed and parts purchased will be included with the monthly
invoice. Any repairs resulting from neglect or misuse by Rural/Metro shall be completed
at Rural/Metro’s sole cost and expense.
ARTICLE V
CONFIDENTIALITY
From and after the date hereof, neither party hereto will reveal, divulge or make known to any
person, firm or corporation any Confidential Information (as hereinafter defined) obtained by
such party during the term of this Agreement. “Confidential Information” includes, but is not
limited to: financial information; audited and unaudited financial reports; operational budgets
and strategies; methods of operation; strategic plans; business methods, practices or plans;
marketing plans and strategies; management systems programs; computer systems; personnel
987464.7
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and compensation information and payroll data; insurance data and loss history, educational and
training materials; and other such reports, documents or information. Upon termination of this
Agreement, or at any time a party may so request, the other party shall turn over to the requesting
party all notes, memoranda, notebooks, or other records or documents delivered to it by the
requesting party concerning any Confidential Information, including any copies in its possession
(and any computer print-outs, computer tapes, disks, cd-roms, etc.), it being agreed that such
Confidential Information is the property of the other party. “Confidential Information” does not
include any information that (i) is already lawfully in the possession of or known by a party
before receiving the information; (ii) is or becomes publicly known through no violation of this
Agreement; (iii) is lawfully received by a party from any third party without restriction on
disclosure or use; (iv) is independently developed without violating this Agreement by a party’s
employees who have not had access to any of the Confidential Information; (v) is required to be
disclosed by (a) state law pursuant to a public records request or (b) court order following notice
sufficient to allow the party to contest such order; or (vi) is expressly approved in writing, by a
party’s General Counsel, for release or other use by the party. The provisions of this paragraph
shall survive the termination of this Agreement.
ARTICLE VI
MUTUAL AID, INSURANCE AND INDEMNIFICATION
6.1 Mutual Aid Agreements. The Town may negotiate with other government agencies or
their representatives for the purpose of entering into mutual aid agreements. Rural/Metro
agrees to honor all existing and future mutual aid agreements and fire service contracts;
provided, however, that any mutual aid agreement entered into by the Town which
commits and/or engages the services of Rural/Metro for a fee, is subject to the reasonable
approval of Rural/Metro. Rural/Metro will assist in any negotiations if requested by the
Town.
6.2 Insurance.
A. General.
1. Insurer Qualifications. Without limiting any obligations or liabilities of
Rural/Metro, Rural/Metro shall purchase and maintain, at its own expense,
hereinafter stipulated minimum insurance with insurance companies duly
licensed by the State of Arizona with an AM Best, Inc. rating of B+ or
above with policies and forms reasonably satisfactory to the Town. In the
event that Rural/Metro’s insurance carrier’s rating drops below B+,
Rural/Metro shall notify the Town as soon as possible in writing upon
learning of the change. The Town shall consult the Town’s Risk
Management Department and determine, in conjunction with
Rural/Metro’s Director of Risk Management, a reasonable length of time
for Rural/Metro to obtain a higher rated policy. Rural/Metro will then
obtain a higher rated policy within that time. Failure to maintain
insurance as specified herein may result in termination of this Agreement
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at the Town’s option following a 30 day prior notice and cure period to
Rural/Metro.
2. No Representation of Coverage Adequacy. By requiring insurance herein,
the Town does not represent that coverage and limits will be adequate to
protect Rural/Metro. The Town reserves the right to review any and all of
the insurance policies and/or endorsements cited in this Agreement but has
no obligation to do so. Failure to demand such evidence of full
compliance with the insurance requirements set forth in this Agreement or
failure to identify any insurance deficiency shall not relieve Rural/Metro
from, nor be construed or deemed a waiver of, its obligation to maintain
the required insurance at all times during the performance of this
Agreement.
3. Additional Insured. The Commercial General Liability, Professional
Liability and Automobile Liability insurance coverage required hereunder
shall name the Town, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
4. Coverage Term. All insurance required herein shall be maintained in full
force and effect until all work or Services required to be performed under
the terms of this Agreement are performed and completed.
5. Primary Insurance. Rural/Metro’s insurance shall be primary insurance as
it relates to bodily injury or property damage caused by Rural/Metro in the
performance of its Services hereunder.
6. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend,
either by keeping coverage in force or purchasing an extended reporting
option, for two years past completion of the Services. Such continuing
coverage shall be evidenced, upon request, by submission of annual
Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the two-year period.
7. Waiver. The Commercial General Liability and Auto Liability policies
shall contain a waiver of rights of recovery (subrogation) against the
Town, its agents, representatives, officials, officers and employees for any
claims caused by the work or Services of Rural/Metro.
8. Policy Deductibles and/or Self-Insured Retentions. Notwithstanding
anything to the contrary in this Agreement, it is specifically acknowledged
and agreed: (a) that the insurance coverage and limits of liability required
by this Agreement may be provided by a combination of primary and
excess liability policies and self-insurance retentions or deductibles as
applicable; (b) that Rural/Metro, and not the Town, is responsible for
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paying the deductible or self-insured retention under the policy as it relates
to bodily injury or property damage caused by Rural/Metro in the
performance of its Services; and (c) that the insurance policies purchased
by Rural/Metro provide coverage for general operations of Rural/Metro
and its affiliates, and such policies include coverage applicable to, but not
exclusively limited to, this Agreement and the work or Services provided
pursuant to this Agreement. Rural/Metro further agrees and understands
that, in lieu of bonding or other security for such self-insured retention
amounts, that the Town has relied upon Rural/Metro’s assertion that
Rural/Metro is required to provide such security, in the amount of any
deductibles or self-insured retention amounts, to the insurance companies
providing it with the insurance coverages required in this Agreement.
Rural/Metro shall immediately notify the Town if, at any time during the
Term of this Agreement, Rural/Metro is not required, or fails to provide,
such security to its insurance carriers.
9. Evidence of Insurance. Prior to commencing any work or Services under
this Agreement, Rural/Metro shall furnish the Town with certificate(s) of
insurance, or formal endorsements as required by this Agreement, issued
by Rural/Metro’s insurer(s) as evidence that policies are placed with
acceptable insurers as specified herein and provide the required coverage,
conditions and limits of coverage specified in this Agreement and that
such coverage and provisions are in full force and effect. If a certificate of
insurance is submitted as verification of coverage, the Town shall
reasonably rely upon the certificate of insurance as evidence of coverage
but such acceptance and reliance shall not waive or alter in any way the
insurance requirements or obligations of this Agreement. If any of the
above-cited policies expire during the life of this Agreement, it shall be
Rural/Metro’s responsibility to forward renewal certificates within ten
days after the renewal date containing all the aforementioned insurance
provisions. Certificates of insurance shall specifically include the
following provisions:
(a) The Town, its agents, representatives, officers, directors, officials
and employees are Additional Insureds as required in this
Agreement.
(b) Rural/Metro’s insurance shall be primary insurance as it relates to
bodily injury or property damage caused by Rural/Metro in the
performance of its Services under this Agreement.
(c) The Commercial General Liability and Auto Liability policies
waive rights of recovery (subrogation) against Town, its agents,
representatives, officers, officials and employees for any claims
caused by work or Services performed by Rural/Metro under this
Agreement.
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10. New Certificates. If Rural/Metro replaces or upgrades any of its policies
during the term of this Agreement, Rural/Metro shall forward renewal
certificates to the Town Manager within ten (10) days after the effective
date of such renewal policies.
11. Market Fluctuations. The Town acknowledges that, from time to time,
insurance market fluctuations may increase the premiums Rural/Metro
must pay in order to secure the coverage required by this Agreement. The
parties agree that such fluctuations are a normal cost of doing business that
Rural/Metro shall bear in accordance with its annual budget. Once
quarterly, Rural/Metro may request additional funds from the Town
Council for the purpose of obtaining funding to offset significant increases
in the cost of insurance, so long as the increase is due to no fault of
Rural/Metro, but is independently attributable to market factors that affect
the insurance market for similarly situated insureds.
12. Review. This Agreement gives the Town certain rights of audit and
review as to Rural/Metro financial matters. These rights include the right
to review policies related to insurance coverage, on the same basis as any
other financial information.
13. Fire Insurance Grading and Regrading. The Town shall cooperate with
Rural/Metro to maintain the Insurance Office grading of the Town that is
in existence at the time of execution of this Agreement.
B. Required Insurance Coverage.
1. Commercial General Liability. Rural/Metro shall maintain Commercial
General Liability insurance with a coverage limit of $10,000,000 for each
occurrence. The policy shall cover bodily injury and property damage
arising from premises, operations, independent contractors, and products-
completed operations.
2. Professional Liability. Rural/Metro shall maintain Professional Liability
insurance covering negligent errors and omissions that arise out of the
Services performed under this Agreement and that are caused by
Rural/Metro, or anyone employed by Rural/Metro, or anyone for whose
negligent acts, mistakes, errors and omissions Rural/Metro is legally
liable, with coverage limits of not less than $10,000,000 for each
occurrence.
3. Vehicle Liability. Rural/Metro shall maintain Automobile Liability
insurance with a coverage limit of not less than $10,000,000 for each
occurrence on Rural/Metro’s owned, hired and certain non-owned vehicles
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assigned (specifically, the Equipment provided by the Town) to and used
in the performance of Rural/Metro’s Services under this Agreement.
4. Workers’ Compensation Insurance. Rural/Metro shall maintain Workers’
Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Rural/Metro’s employees engaged in the
performance of work or Services under this Agreement and shall also
maintain Employers Liability Insurance of not less than $2,000,000 for
each accident, $2,000,000 disease for each employee and $2,000,000
disease policy limit.
C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be
canceled, or be materially changed without 30 days prior written notice to the
Town.
6.3 Indemnification.
A. By Rural/Metro. Rural/Metro shall indemnify and hold harmless the Town, its
authorized agents, officers, directors and employees for, from and against all
costs, claims, losses, liabilities, penalties, expenses, or other damages, including
but not limited to settlements, judgments, court costs, reasonable fees of attorneys
and experts, caused by or resulting from the negligent or intentional acts or
omissions by Rural/Metro, its authorized agents, officers, directors and employees
committed in the course of performing its obligations under this Agreement.
Nothing in this section shall limit any right to contribution or other allocation of
fault between the parties as determined by a court of competent jurisdiction and as
permitted by all applicable state and federal laws.
B. By the Town. The Town shall, to the extent permitted by law, indemnify and
hold harmless Rural/Metro, its authorized agents, officers, directors and
employees for, from and against all costs, claims, losses, liabilities, penalties,
expenses, or other damages, including but not limited to settlements, judgments,
court costs, reasonable fees of attorneys and experts, caused by or resulting from
the negligent or intentional acts or omissions by the Town, its authorized agents,
officers, directors and employees in connection with or related to this Agreement.
Nothing in this section shall limit any right to contribution or other allocation of
fault between the parties as determined by a court of competent jurisdiction and as
permitted by all applicable state and federal laws.
C. Indemnity Not Limited by Insurance. The amount and type of insurance coverage
requirements set forth in this or any other Agreements between the parties will in
no way be construed as limiting the scope of indemnity provided by this Section.
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ARTICLE VII
MISCELLANEOUS
7.1 Governing Law. This Agreement shall be governed, construed and controlled according
to the laws of the State of Arizona. The parties agree to comply with all applicable
Town, County, State and Federal laws
7.2 Binding Effect. This Agreement and the terms, provisions, promises, covenants and
conditions hereof, shall be binding upon and shall inure to the benefits of the parties
hereto and their respective successors, assigns or other legal representative as herein
provided.
7.3 Legal Fees. In the event either party brings any action for any relief, declaratory or
otherwise, arising out of this Agreement, or on account of any breach or default hereof,
the prevailing party shall be entitled to receive from the other party, reasonable attorneys
fees, costs, and expenses.
7.4 Waiver. It is agreed and understood that any failure to strictly enforce any provision
hereof shall not constitute a waiver of right to demand strict performance of that or any
other provisions hereof at any time thereafter.
7.5 Severability. The terms and conditions of this Agreement are separate and separable, and
if for any reason, any court of law or administrative agency should deem any provision
hereof invalid or inoperative, the remaining provisions of this Agreement shall remain
valid and in full force and effect.
7.6 Independent Contractor. Rural/Metro is an independent contractor and nothing in this
Agreement shall be construed as creating an employment relationship, agency,
partnership, or joint venture between the parties. Each party shall control and direct the
methods by which it performs its responsibilities hereunder.
7.7 Assignment. No right or obligation hereunder may in any way whatsoever be assigned or
delegated to a third party without the express prior written consent of the other party
hereto. Notwithstanding the above, this Agreement or any or all of the services required
herein may be assigned or subcontracted to any of Rural/Metro’s affiliates.
7.8 Notices. Any notice or other communication required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if (A)
delivered to the party at the address set forth below, (B) deposited in the U.S. Mail,
registered or certified, return receipt requested, to the address set forth below, (C) given
to a recognized and reputable overnight delivery service, to the address set forth below or
(D) delivered by facsimile transmission to the number set forth below:
987464.7
17
If to the Town: Town of Fountain Hills
16836 E. Palisades Boulevard
Fountain Hills, Arizona 85269
Facsimile: 480-837-3145
Attn: Town Manager
With copy to: GUST ROSENFELD, P.L.C.
201 E. Washington Street, Suite 800
Phoenix, Arizona 85004
Facsimile: 602-340-1538
Attn: Andrew J. McGuire, Esq.
If to Rural Metro: Rural/Metro Corporation, Inc.
9221 E. Via de Ventura
Scottsdale, Arizona 85258
Facsimile: 480-655-7275
Attn: Maricopa Fire Chief
With a Copy to: Rural/Metro Corporation, Inc.
9221 E. Via de Ventura
Scottsdale, Arizona 85258
Facsimile: 480-655-7275
Attn: General Counsel
or at such other address, and to the attention of such other person or officer, as any party
may designate in writing by notice duly given pursuant to this Section. Notices shall be
deemed received (A) when delivered to the party, (B) three business days after being
placed in the U.S. Mail, properly addressed, with sufficient postage, (C) the following
business day after being given to a recognized overnight delivery service, with the person
giving the notice paying all required charges and instructing the delivery service to
deliver on the following business day, or (D) when received by facsimile transmission
during the normal business hours of the recipient. If a copy of a notice is also given to a
party's counsel or other recipient, the provisions above governing the date on which a
notice is deemed to have been received by a party shall mean and refer to the date on
which the party, and not its counsel or other recipient to which a copy of the notice may
be sent, is deemed to have received the notice.
7.9 Entire Agreement, Conflicts, Amendment. This Agreement constitutes the entire
agreement between the parties with relation to the subject matter hereof, and supersedes
any previous Agreement or understanding, whether oral or otherwise. In the event of a
conflict with the provisions of this Agreement and any exhibits thereof, the terms of this
Agreement shall control. No addition, deletion, or other amendment hereto may be made
except as is agreed in writing by both parties.
7.10 Counterparts. This Agreement may be executed in several counterparts, each of which
shall be an original, but all of which shall constitute one and the same instrument.
987464.7
18
7.11 Force Majeure. Except for payment obligations, either party shall be excused for failures
and delays in performance of its respective obligations under this Agreement due to any
cause beyond its control and without fault, including without limitation, any act of God,
war, riot or insurrection, law or regulation, terrorist act, strike, flood, fire, explosion or
inability due to any of the aforementioned causes to obtain labor, materials, roadways or
facilities. Nevertheless, each party shall use its best efforts to avoid or remove such
causes and to continue performance whenever such causes are removed, and shall notify
the other party of the problem.
7.12 Court or Agency Rulings Binding on Both Parties. In the event any court of competent
jurisdiction determines that the Town, for whatever reason, cannot contract out its fire
protection service to Rural/Metro or any other third party then this Contract will
terminate immediately upon the date any such decision is announced. Thereafter,
Rural/Metro will immediately cease operations under this Contract, vacate all Town
property set out herein within thirty (30) days of the decision, and deliver possession of
all equipment, materials and personal property belonging to the Town within thirty (30)
days of the decision. Rural/Metro will be paid for any services rendered.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed on the day and year first above written,
“Rural Metro” “Town”
Rural/Metro Corporation, The Town of Fountain Hills,
an Arizona corporation an Arizona municipal corporation
By: By:
Ken Smith, Vice President of Operations Richard L. Davis, Town Manager
ATTEST:
By:
Bryan Gibbson, President Southwest Region
Bevelyn J. Bender, Town Clerk
987464.7
APPENDIX A
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Primary Service Area]
See following page.
987464.7
APPENDIX B
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Incident Response]
See following pages.
987464.7
B-1
Rural/Metro shall respond either Code 2 or Code 3, as noted, to the following:
Commercial Assignments Code 3
Multi-Unit Commercial Assignments include but may not be limited to incidents where
fire or smoke is visible or the possibility of large loss of life due to:
Commercial Structural Fires
Report of Explosion or collapse in a commercial building
Residential Assignments Code 3
Multi-Unit Residential Assignments include, but may not be limited to incidents where
fire or smoke is visible or the possibility of loss of life due to:
Residential Structural Fires
Report of Explosion or collapse in a residential building
Grade 1 Commercial Assignment Code 2
Grade 1 Commercial Assignments include, but are not limited to, incidents where there is
a report of fire alarm, smell of smoke, water flow without visible smoke or fire in
a commercial structure.
Grade 1 Residential Assignment Code 2
Grade 1 Residential Assignments include, but are not limited to, incidents where there is
a report of fire alarm, smell of smoke, water flow without visible smoke or fire in
a residential structure.
Still Assignment Code 3
Single unit response to a report of fire or emergency including, but not limited to:
Vehicle Fire
Brush Fire
Refuse Fire
Non-EMS Rescue
Person Trapped
Emergency Medical Assignment Code 3
Single unit response to a report of injury or illness including but not limited to:
Vehicle Accidents
Assaults
Asphyxiation/Choking
Burns
Difficulty Breathing
Drowning
Electrocution/Shock
Fall
Heart Attack
987464.7
B-2
Illness/Sickness
Obstetrical
Overdose/Poisoning
Person Down/Unconscious
Person Trapped
Psych./Behavioral
Suicide/Attempted Suicide
Other Medical
Other Trauma
Hazardous Incidents Code 3
Multi-Unit or single unit response to a report of unconfirmed Hazardous Material
situations including but not limited to:
Fuel Leak
Electrical Problem
Structural Collapse
Explosion
Hazardous Condition or Stand-by
Service Incidents Code 2
Single unit response to a request for emergency Code 2 service including but not limited
to:
Invalid Assistance
Water Problems
Dangerous Animal Removal
Sprinkler Activation without Fire
Animal Trapped
Check Odor
Vehicle Lockouts
House Lockouts
Commercial and Residential Assignment Response
Ladder 822 3 (1 CAPT, 1 ENG, 1 FF)
Ladder Tender 822 2 (1 FF/CEP, 1 FF)
Engine 823 3 (1 CAPT, 1 ENG, 1 FF)
M/A as needed 3 (1 CAPT, 1 ENG, 1 FF)
Dist. 822* 1
TOTAL 12
Dist. 823 (or backup)* 1 (as needed)
TOTAL 13
987464.7
B-3
Move Up Units
R/M System Engine 3-4
GRAND TOTAL 16-17
Confirmed fire or 2nd Alarm
R/M System Units, M/A as requested
Move up Units
Engine Co. 3 To Station 823’s area
* Engine and ladder will be staffed with a minimum of two Firefighter Paramedics.
987464.7
C-1
APPENDIX C
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Fire Code]
In the interest of community safety, Rural/Metro will work closely with the Town staff to
evaluate, adopt and enforce a nationally recognized fire code along with the associated National
Fire Protection Association Standards documents. Rural/Metro will follow and enforce the
codes/standards that are in effect under Article 7-9 of the Town Code, as amended.
987464.7
D-1
APPENDIX D
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Standards for Training]
The following handbooks are used are used in the training of fire personnel:
IFSTA Essentials of Firefighting, Fourth Edition
NFPA 1001 Professional Firefighters Qualifications, most current edition
NFPA 1021 Fire Officers Professional Qualifications, most current edition
International Fire Code Institute- Certified Uniform Fire Code Inspector
These publications will be reviewed and updated by written mutual agreement between
Rural/Metro and the Town.
987464.7
E-1
APPENDIX E
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Manpower]
40 hour week
1 Fire Chief/Emergency Management Coordinator
1 Assistant Fire Chief/Fire Marshal
Rural/Metro Fire Shift (24 hr.) Personnel
2 Fire Captains
2 Engineers
4 Firefighters
(Minimum of 5 personnel must be certified Emergency Fire Paramedics).
987464.7
F-1
APPENDIX F
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Required Reports]
Rural/Metro shall make the following monthly reports available to the Town:
Total number of incidents responded to in the Primary Service Area
Average response times
Fire loss/potential report
Response Exceptions
Training hours
Building and site inspections
Building and site plan reviews
Public education activity
AED inspections
The parties agree that the Rural/Metro Fire Chief assigned to the Town and the Town Manager,
or his designee, will meet on a quarterly basis to perform a thorough review of the reports
required in this Agreement and to discuss performance and/or contract issues. At the discretion
of the Town Manager, the Fire Chief will also provide presentations to the Town Council, but
not more frequently than once each quarter.
987464.7
APPENDIX G
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Response Times]
See following pages.
987464.7
G-1
A. Response Time. Throughout the term of this Agreement, Rural/Metro’s response time on
all Code 3 calls that originate from within the Primary Service Area, shall average five
minutes or less, except in those areas outlined in Exhibit A which will average eight
minutes.
1. Response Time Definition. Response time is defined as that period of time
between when the first apparatus goes enroute to a Code 3 call, to the time of the
arrival of the first piece of emergency or fire apparatus at the address of the call.
2. Response Time Liabilities. Rural/Metro shall meet the response time
requirements set forth herein a minimum of ninety percent (90%) of the time
excluding exceptions.
B. Performance Evaluation/Exception. In performing calculations to evaluate Rural/Metro’s
response time performance as set forth herein, all response times originating from within
Rural/Metro’s Primary Service Area, consistent with the requirements of Section 1.4
herein, shall be included except as follows:
1. Response times shall be excluded where a Rural/Metro unit is instructed to
“downgrade” the response time from a higher priority level to a lower priority
level (i.e., Code 3 lights and sirens to Code 2 no lights and sirens) by the caller or
third party.
2. Response times may be excluded which occur during periods of such severe
weather and road conditions which could reasonably be expected to substantially
impair Rural/Metro’s response time performance: provided, it shall be
Rural/Metro’s responsibility to document said conditions, the time period
affected, and the affected response times. Rural/Metro shall forward such report
to the Town, who will make a determination as to whether to exclude or include
the affected response times.
3. Excessive responses occurring during periods of unusual system overload.
Unusual system overload is defined as a period of time during which units from
two (2) or more stations are simultaneously on emergency calls, originating from
within the Primary Service Area. Response times to calls in excess of that
number shall not be included in response time calculations. Under this
subsection, response times shall not be included which occur during the time in
which Rural/Metro has sent an emergency or fire apparatus vehicle, which is
assigned to the Primary Service Area to an area other than the Primary Service
Area.
4. The response time requirements of this Agreement shall be suspended during a
declared disaster in the community of the Town or in a neighboring jurisdiction,
which has requested assistance from Rural/Metro. For the purpose of this
987464.7
G-2
provision, the declaration of disaster must be made or affirmed by the chief
executive officer of that particular jurisdiction or his/her designee.
5. In cases of multiple response runs, (i.e., where more than one fire unit is sent to
the same incident), only the response of the first arriving unit shall be counted for
purposes of measuring Rural/Metro’s response time performance.
6. Petitioning. Where not specifically set forth in this appendix, Rural/Metro may
petition the Town Manager for an exception to the response time requirements
when, due to circumstances beyond the control of Rural/Metro, it is unable to
meet the required response time on a specific incident. Rural/Metro shall
document said unusual circumstances, the time period affected, and the affected
response times. Rural/Metro shall forward such reports to the Town Manager,
who will make a determination as to whether to exclude or include the affected
response time.
7. Any excluded incident cannot be applied to any of Rural/Metro’s performance
statistics set forth in Subsections B(2),(3) and (4).
987464.7
H-1
APPENDIX H
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Major Defaults]
The following are a list of what shall be considered to be major defaults by Rural/Metro pursuant
to this Agreement:
1. Failure to provide any of the services listed in Subsections 1.1 (A) through (M).
2. Failure to respond to Code 3 calls originating in the Primary Service Area.
3. In regards to personnel, a failure to meet the staffing level requirements
established in Subsections 1.6 (A) and (B).
4. Failure to indemnify the Town pursuant to Section 6.3 when legally obligated to
do so.
5. Failure to remove liens caused to be put on the Town property by the action of
Rural/Metro.
6. Failure to maintain the insurance requirements set forth in Section 6.2.
7. The filing of Rural/Metro of a voluntary petition in bankruptcy, or the failure by
Rural/Metro promptly to lift any execution or garnishment or attachment which
would impair the ability of Rural/Metro to carry on its obligations under this
Agreement, or any assignment by Rural/Metro for the benefit of creditors, or the
institution of any proceeding under the provisions of the United States
Bankruptcy Code.
987464.7
APPENDIX I
TO
FIRE PROTECTION AND EMERGENCY SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
RURAL/METRO CORPORATION
[Initial Vehicles and Equipment]
Town Owned Vehicles
Vehicle VIN # License Plate #
1998 LaFrance 4Z36EFEBXYRF75528 G-151CK
2000 Ford 1FDWF36F8YED43350 G-816CT
2000 LaFrance 4Z36ESB1XRB05483 G-151CK
2000 Ford 1FMZU62XOYZB94668 G-161CK
2001 Ford 1FMPU16L91LB77040 G-815CT
2001 Ford 1FDAW57FX1ED00204 G-814CT
2008 Crimson 497AT2C958CO63752 G-946EZ
2009 Ford 1FTPW14VX9KB48053 G-968EZ