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HomeMy WebLinkAboutRes 2007-17 RESOLUTION NO. 2007-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY RELATING TO FIRE AND EMERGENCY SERVICES MUTUAL AID. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the Salt River Pima-Maricopa Indian Community relating to fire and emergency services mutual aid (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That 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 BY the Mayor and Council of the Town of Fountain Hills, December 6, 2007. L FOR THE TOWN F FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Ma Bevelyn J. B der own Clerk REVIEWED BY: APPROVED AS TO FORM: J _ Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney L 749162.3 EXHIBIT A TO RESOLUTION NO. 2007-17 [Intergovernmental Agreement] See following pages. L 749162.3 MUTUAL AID AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY THIS MUTUAL AID AGREEMENT (this "Agreement") is made and entered into 2007, by and between the Town of Fountain Hills (the "Town), an Arizona municipal corporation, and the Salt River Pima-Maricopa Indian Community (the "Community"), a federally recognized Indian Tribe and sovereign nation. RECITALS A. The Town and the Community, through their respective Councils may provide for mutual assistance for fires and other emergency incidents within the Town of Fountain Hills and the Salt River Pima-Maricopa Indian Community as described under the terms of this Agreement. B. The Town and the Community desire to improve the nature and coordination of emergency assistance to incidents that threaten the loss of life or property within the geographic boundaries of their respective jurisdictions. C. It is the determination of the Town and the Community that the decision to enter into this Agreement constitutes a fundamental governmental policy of the Town and Community that is discretionary in nature, and includes the determination of the proper use of the resources available to each of the parties, including the use of equipment and personnel. D. The Town and the Community desire to enter this Agreement for mutual aid and assistance to encourage the development of cooperative procedures and protocols, and other activities that will enhance fire protection for the residents of both the Community and the Town. AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants, conditions and agreements contained herein, it is hereby agreed as follows: 1. Scope of Emergency Services. It is agreed that the scope of this Agreement includes assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extrication situations and other types of emergency incidents that are within the standard scope of services provided by fire departments, subject to the availability of the Parties' respective resources, as set forth in Section 7 below. 2. Establishment of Emergency Procedures. The Parties hereto, for the purposes of emergency responses to emergencies in their respective jurisdictions, shall establish certain formal operating procedures which shall be followed by each in requesting, dispatching and redeploying emergency units to an incident, and the actions to be taken by each at the scene of an emergency incident. 735700.2 3. Fire Department Responsible for Emergency Scene. The Fire Chief of the party receiving the request for assistance shall have the sole responsibility for determining, pursuant to the policies and circumstances then existing in his jurisdiction, the level and amount of emergency equipment and personnel to be sent to any given emergency scene in the requesting jurisdiction. Neither party is in any way liable to the other or to any individual person, firm or corporation for the determination to supply, limit the amount of assistance to be supplied, or not to supply emergency equipment or personnel to the scene of any given emergency. 4. Fire Chief Control at Emergency Scene. The assisting fire depai talent units shall operate under the direction and control of the Fire Chief or other authorized person in command of the emergency scene until such time a unified command, made up of representatives of each party, is established. The Parties shall utilize published standard operating procedures as prescribed by the National Incident Management System, or the standard operating procedures that may be generally practiced and accepted by the Parties' respective fire chiefs at a given time, to provide for emergency incident command and control, communications, safety and such other aspects of emergency operations as are necessary to provide for the health and safety of the public and emergency response personnel. 5. Drills and Exercises. The Parties hereto agree to participate in multi jurisdictional drills and exercises, training programs, pre-incident planning, post-incident analysis and other activities intended to enhance safe and effective emergency operations when departmental schedules make them practical and feasible. 6. Other Agreements. Nothing contained herein shall prohibit either party hereto from agreeing to participate in other specific contracts for emergency services, additional mutual aid or automatic response agreements, nor providing mutual emergency assistance to other jurisdictions which are not parties to this Agreement. 7. No Binding Obligation to Provide Assistance. Nothing contained herein shall be construed as creating a binding legal obligation to provide the resources, equipment, facilities or personnel by either the requesting party or the assisting party to provide such emergency assistance outside its geographic jurisdiction, either in the instance of the initial request for assistance or any future request for assistance. 8. Assisting Party Under Direction of Requesting Party. From the time of arrival at an emergency scene to the time of departure, the party responding to a call for assistance shall be considered for all purposes to be under the direction and control of the party requesting assistance. However, in proceeding to and returning from the emergency scene, the party responding to a call for assistance shall be considered to be an independent contractor for all purposes, and not under the direction and control of the party requesting assistance. 9. No Liability for Determination Regarding Response. Neither the Community nor the Town shall be liable to each other for the determination to supply the requested assistance, not to supply the requested assistance or to limit the amount of assistance supplied in response to a request for assistance. (111119 735700.2 2 10. Indemnity. Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party and its officers, employees, and elected or appointed officials (as "Indemnitee") from and against any and all claims, losses, liability, costs or expenses, including reasonable attorney's fees (collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims are caused by the negligence, intentional misconduct or other fault of the Indemnitor, its officers, employees, contractors, elected or appointed officials. 11. No Reimbursement of Costs. Except as specifically agreed to by both parties hereto, neither party shall be reimbursed by the other party for any costs incurred pursuant to providing assistance in accordance with the terms of this Agreement. In the event of a Declared Disaster, the parties may apply for reimbursement from the County, State and Federal governments. If reimbursement is received pursuant to an application, money received shall be split between the Parties according to each Party's pro-rata share of the costs reimbursed. 12. Worker's Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies while performing pursuant to this Agreement solely for purposes of ARIz. REV. STAT. § 23-1022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of ARIz. REV. STAT. § 23-1022 in substantially the following form: "All employees are hereby further notified that they may be required to work under the jurisdiction or control 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 worker's compensation." 13. Insurance. The parties acknowledge that each of them has liability insurance coverage or are self-insured in a minimum amount of One Million & No/100 Dollars ($1,000,000.00). Each party shall provide adequate proof of such insurance or self-insurance coverage to the other upon execution of this Agreement, and to immediately notify in writing the other party of any changes in such insurance coverage. 14. Term of Agreement. This Agreement shall commence on November 1, 2005, and shall continue in full force and effect until terminated by formal act of either party, acting through its respective governing Council. 15. Termination of Agreement. This Agreement may be terminated by either party for any reason at any time upon giving to the other party 90 days prior written notice. 16. No Third Party Rights. No term or provision of this Agreement is intended to, nor shall it create any rights in any person, firm, corporation or other entity not a party hereto, and no such person or entity shall have any cause of action hereunder. 735700.2 3 17. No Partnership or Joint Venture. No term or provision of this Agreement is intended to create a partnership,joint venture or agency arrangement between any of the parties hereto. 18. Recording. This Agreement shall be recorded with the Maricopa County Recorder's Office. 19. Budgetary Impact. The direction and recommendation of the governing body having fiscal and/or budgetary impact of each party hereto will not bind either party hereto until approved by their respective governing bodies. 20. Conflict of Interest. The parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of ARIZ. REV. STAT. § 38-511. 21. Supersedes Prior Agreements. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. 22. Notices and Requests. 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: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 Facsimile: 480-837-3145 Attn: Timothy G. Pickering,Town Manager With copy to: GUST ROSENFELD,P.L.C. 201 East Washington, Suite 800 Phoenix,Arizona 85004-2327 Facsimile: 602-340-1538 Attn: Andrew J. McGuire, Esq. If to the Community: Salt River Pima-Maricopa Indian Community 10,005 East Osborn Road Scottsdale,Arizona 85256 Facsimile: Attn: 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. 735700.2 4 Lir 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. IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the date and year first set forth above. "Town" "Community" TOWN OF FOUNTAIN HILLS, an Arizona SALT RIVER PIMA-MARICOPA INDIAN municipal corporation COMMUNITY, a federally-recognized Indian tribe and sovereign nation T-imoth ckoring, Town Manager ) Diane Enos, President y'eli1 eerk YYl . non ATTEST: ATTEST: Bevelyn J. B de own Clerk Secretary, Tribal Council In accordance with the requirements of ARIz. REV. STAT. § 11-952(D), the undersigned attorney acknowledges that (i) he has reviewed the above Agreement on behalf of the TOWN OF FOUNTAIN HILLS and (ii) as to the Town of Fountain Hills only, he has determined that this Agreement is in proper form and that execution hereof is w' the powers d authority granted under the laws of the State of Arizona. )1/4)\:- Andrew . McGuire, Town Attorney The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, Section 1(h). This acknowledgement shall not constitute nor be construed as a waiver of t overeign Immunity of the Salt River Pima-Maricopa Indian Communi . , General Counsel Salt R. er Pima-Maricopa Indian Community 735700.2 5 SALT RIVER PIMA-MARICOPA �r INDIAN COMMUNITY 10005 East Osborn Road Scottsdale, Arizona 85256 RESOLUTION NUMBER: SR-2632-2008 A Resolution to Approve A Mutual Aid Agreement between the Town of Fountain Hills and the Salt River Pima Maricopa Indian Community WHEREAS the Salt River Pima-Maricopa Indian Community (SRP-MIC) has authority pursuant to Art. VII, Sections (1)(c)(4) and(1)(h), respectively, to provide for and protect the public health and welfare and enter into intergovernmental agreements; and WHEREAS agreements for mutual assistance in fire protection and response to other emergencies have existed between neighboring communities and governmental jurisdictions;and WHEREAS it is the desire of the Salt River Pima-Maricopa Indian Community and the Town of Fountain Hills to continue to improve the nature and coordination of emergency assistance to incidents that threaten the loss of life or property within the geographic boundaries of their respective jurisdictions; and WHEREAS it is the determination of the Salt River Pima-Maricopa Indian Community and the Town of Fountain Hills that the decision to enter into the Mutual Aid Agreement constitutes a fundamental governmental policy decision of the Salt River Pima-Maricopa Indian Community and the Town of Fountain Hills that is discretionary in nature, and includes the determination of the proper use of the resources available to each of the Parties hereto with respect to the providing of governmental services and the utilization of existing resources of each of the Parties hereto, including the use of equipment and personnel, (as defined in attached Mutual Aid Agreement) NOW THERFORE BE IT RESOLVED that the Salt River Pima-Maricopa Indian Community agrees to enter into a Mutual Aid Agreement with the Town of Fountain Hills for the purpose of providing emergency response assistance to each in the event of an incident that requires more resources than the Parties may possess; and, BE IT FURTHER RESOLVED that there is no expectation on either Party to provide assistance in the event that the Party being requested does not have adequate resources to protect its own jurisdiction and that each Party indemnifies and holds harmless the other Party from any liability, losses and damages, except and to the extent that the indemnified Party is determined to have legal liability and responsibility for such liability, losses or damages; and, BE IT FURTHER RESOLVED that the SRP-MIC Council authorizes the President or Vice-President to take all steps reasonably necessary to and in the aid of carrying out the purpose and intent of this Resolution. C-E-R-T-I-F-I-C-A-T-I-O-N Pursuant to the authority contained in Article VII, Sections 1(c)(4)-(5) and 1(h) of the Constitution of the Salt River Pima-Maricopa Indian Community, ratified by the Community, February 27, 1996, and approved by the Secretary of the Interior, April 23, 1996, and Amendment #2 thereof the foregoing Resolution was adopted this 21st day of November 2007, in a duly called meeting held by the Community Council in Salt River, Arizona at which a quorum of 9 members were present and by a vote of 9 For, 0 Opposed,0 Abstentions, and 0 Excused/Absent. SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY COUNCIL cpti,iie, 64,Y Diane Enos,President ATTEST: ed" Tom Gj Office of the genera( .+overn6cr 6 2037 erica Harvier, Secretary 7