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HomeMy WebLinkAboutRes 2005-22 L RESOLUTION NO. 2005-22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COMMUNITY OF RIO VERDE 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 Community of Rio Verde 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, Arizona, June 2, 2005. FOR THE TOWN OF OUNTAIN HILLS: ATTESTED TO: 1C-4, r)a° W. J. Nicho , Mayor Bevelyn J. Benfer, Town Clerk REVIEWED BY: ) APPROVED AS TO FORM: Timothy 6:Pickering,Town Manager An cGuire, Town Attorney L 9196.001\..\2005-22 Rio Verde Mutual Aid.res.doc 5.25.2005-1 ,,. EXHIBIT A [Intergovernmental Agreement] See following pages. L 9196.001\..\2005-22 Rio Verde Mutual Aid.res.doc 5.25.2005-1 MUTUAL AID AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RIO VERDE FIRE DISTRICT THIS AGREEMENT made and entered into this vLday of , 2005, by and between the Town of Fountain Hills (hereinafter the `Tow '), an Arizona municipal corporation and Rio Verde Fire District, an Arizona fire district association member (herein after the"District"). RECITALS WHEREAS, the Town and the District, through their respective Councils may provide for mutual assistance for fires and other emergency incidents within the Town of Fountain Hills and the District's coverage area as described under the terms of this Agreement. WHEREAS, it is the desire of the Town and the District 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. WHEREAS, it is the determination of the Town and the District that the decision to enter into this Agreement constitutes a fundamental governmental policy of the Town and the District 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. WHEREAS, the Town and the District desire to enter this Agreement for mutual aid and assistance to encourage the development of cooperative procedures and protocols, including, but not limited to, joint purchasing, communications coordination, training, health and safety, fire prevention, public education, fire investigations and other activities that will enhance the ability of the individual fire departments to fulfill their missions. WITNESSETH: 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 Mutual Aid Agreement, hereinafter the Agreement, includes assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extraction situations and other types of emergency incidents that are within the standard scope of services provided by fire departments, excluding therefore, ambulance services. 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. 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 May 27 05 01 : 15p Rio Verde Fire District 480-471 -1821 p. 2 rhir MUTUAL AID AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RIO VERDE FIRE DISTRICT THIS AGREEMENT made and entered into this day of , 2005, by and between the Town of Fountain Hills (hereinafter the`Town"), a rizona municipal corporation and Rio Verde Fire District, an Arizona fire district association member(herein after the"District"). RECITALS WHERAS, the Town and the District, through their respective Councils may provide for mutual assistance for fires and other emergency incidents within the Town of Fountain Hills and the District's coverage area as described under the terms of this Agreement. WHERAS, it is the desire of the Town and the District 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. WHERAS, it is the determination of the Town and the District that the decision to enter into this Agreement constitutes a fundamental governmental policy of the Town and the District 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. WHERAS, the Town and the District desire to enter this Agreement for mutual aid and assistance to encourage the development of cooperative procedures and protocols, including, but not limited to, joint purchasing, communications coordination,training, health and safety, fire prevention, public education, fire investigations and other activities that will enhance the ability of the individual fire departments to fulfill their missions. WITNESSETH: 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 Mutual Aid Agreement, hereinafter the Agreement, includes assistance in responding to fires, medical emergencies, hazardous materials incidents, rescue and extraction situations and other types of emergency incidents that are within the standard scope of services provided by fire departments, excluding therefore, ambulance services. 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. 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 L Cr 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 in Control at Emergency Scene: The assisting Fire Department units from the other jurisdiction shall operate under the direction and control of the Fire Chief or other authorized person in command of the emergency scene until such time a unified command, made up of representatives of each party, is established. The Parties hereto shall adopt standard operating procedures 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 critiques 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 Mutual Aid Agreement. 7. No Binding Obligation to Provide Assistance: Nothing contained herein shall be L. 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. Nor does this agreement provide for any assistance or obligation from the parties of the Valley-wide Automatic Aid Agreement. 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 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 District nor the Town shall be liable to the other party for the determination to supply the requested assistance, not to supply the requested assistance, or to limit the amount of assistance supplied in response to a request for assistance. 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 attomey'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, misconduct, intentional act or other fault of the Indemnitor, its officers, employees, contractors,elected or appointed officials. 9196.004\Mutual Aid Agt-Rio Vcrdc.r2.doc 2 S.25.2005-1 T 'd TZBT - TLb-OB t- st Q aJij apeman ota dg2 : IO SO L2 ReW May 27 05 U1 : 18p Rio verae rire uistrict p. e L coverage to the other upon execution of this Agreement, and to immediately notify in wilting the other party of any changes in such insurance coverage. 19.Term of Agreement: This Agreement shall commence on July 1, 2005, and shall continue in force until terminated by formal act of either party,through its Council. 20. Termination of Agreement: This Agreement may be terminated by either party for any reason at any time upon giving to the other party one hundred eighty (180) days prior written notice. 21.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. 22. 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_ 23. Recording: This Agreement shall be recorded with the Maricopa County Recorder's Office. 24. No Real Property: For purposes of satisfying the requirements of A.R.S. §9- 461.12(c), as relates to the notification of intent to dispose of any real property that is held in common as a result of this intergovernmental agreement,there is no real property to be disposed of should this Agreement be terminated. L„ 25. 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. 26. Superseding Agreements: If any provision of this Agreement is in conflict with the provisions set forth in Scottsdale's Intergovernmental Agreement for the Phoenix Fire Department Regional Dispatch System or Scottsdale's Automatic Aid Intergovernmental Agreement for Fire Protection and Other Emergency Services, the provisions of those Agreements shall control. 27. Conflict of Interest: The parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511. 28. 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. 29. 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 (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: 9196.004 Mutual Aid Agt-Rio Vecde.t2.doc 4 5.25.2005-1 May 27 05 01 : 19p Rio Verde Fire uistrict 4au-Oil - iaci p. a (sr If to the Town: Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Timothy G. Pickering,Town Manager With copy to: JORDEN BISCHOFF MCGUIRE&HISER, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to the District: Rio Verde Fire District Facsimile: Attn: IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the date and year first set forth above. `Town" "District" TOWN OF FOUNTAIN HILLS, 4n Arizona RIO VERDE FIRE DISTRICT, an municipal corporation,, Arizona fire district association member 1/ 2117-it Tim thy G.Piiekering,Town MC nager Ty V. cGee, Fire District Chai an ATTEST: ATTEST: Bevelyn J. "end ,Town Clerk ems' In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. C 1(34" • Andrew Mc uire Fountain Hills Town Attorney 9196.004\Matual Aid Agt-Rio Verde.v2.doc 5 5.25.2005-1