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HomeMy WebLinkAboutRes 2005-32 RESOLUTION NO. 2005-32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE 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 City of Scottsdale 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 FOUNTAIN HILLS: ATTESTED TO: 6( W.J. Nic Is, Mayor Bevelyn J. B der, own Clerk REVIEWED BY: j. APP VED AS TO FORM: l • Timothy G. Pi ering,Town M ger Andrew J. McGuire,Town Attorney 9196.001\..\2005-32 Scottsdale Mutual Aid.res.doc 5.25.2005-1 L RESOLUTION NO. 6676 A RESOLUTION OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE FOUR (4) INTERGOVERNMENTAL AGREEMENTS FOR MUTUAL AID FOR EMERGENCY SERVICES WITH THE TOWNS OF FOUNTAIN HILLS (Scottsdale No.2005-073-COS), PARADISE VALLEY (Scottsdale No. 2005-074-COS) AND CAREFREE, ARIZONA (Scottsdale No. 2005-072-COS), AND THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY (Scottsdale No. 2005-075- COS). WHEREAS, State Law permits cities, towns and other governmental agencies to enter into intergovernmental agreements to work together jointly to carry out various activities and jointly exercise their powers; and WHEREAS, the City of Scottsdale acting through its Fire Department, desires to enter into four(4) Intergovernmental Agreements to provide Mutual Aid for emergency L services with the Towns of Fountain Hills, Paradise Valley, and Carefree, Arizona, and the Salt River Pima Maricopa Indian Community; and WHEREAS, it is in the best interests of the City to enter into these Intergovernmental Agreements for Mutual Aid. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale, Arizona, as follows: Section 1. The Mayor is hereby authorized to enter into four (4) Intergovernmental Agreements to provide Mutual Aid for emergency services with the Towns of Fountain Hills (Scottsdale No. 2005-073-COS), Paradise Valley (Scottsdale No. 2005-074-COS), and Carefree (Scottsdale No. 2005-072- COS), Arizona and the Salt River Pima Maricopa Indian Community (Scottsdale No. 2005-075-COS). If determined to be in the best interest of the City, each Mutual Aid Agreement may be extended for an additional one (1) year after their initial one (1)year term by action of the City Manager. (continued on next page) L RESOLUTION NO. 6676 Page 2 of 2 PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County, Arizona this 17th day of May 2005. ATTEST: CITY OF SCOTTSDALE, an Arizona municipal corporation Carolyn Ja er Ma Manross City Clerk Mayor APPROVED AS TO FORM: Josep . Bert° o City Attorney koif L Scottsdale Contract No. 2005-073-COS When Recorded, Mail to: Assistant Chief Steve Randall CITY OF SCOTTSDALE ONE STOP SHOP/RECORDS 7447 East Indian School Rd. Suite 100 Scottsdale, Arizona 85251 MUTUAL AID AGREEMENT BETWEEN THE CITY OF SCOTTSDALE AND THE TOWN OF FOUNTAIN HILLS THIS AGREEMENT made and entered into this/ day of //!U , 2005,by and between the City of Scottsdale, an Arizona municipal corporation(hereinafter the"City'6, and the Town of Fountain Hills, an Arizona municipal corporation(hereinafter the"Town"). RECITALS WHEREAS, the Town has authority to enter into intergovernmental agreements to provide for and protect the public health and welfare; and WHEREAS, the City has the authority,pursuant to the Charter of the City of Scottsdale, Article I, Section 3-1 and A.R.S. §11-952 to enter into intergovernmental agreements to provide for and protect the public health and welfare; and WHEREAS, it is the desire of the City and the Town to continue to improve the nature and coordination of emergency services to incidents that threaten the loss of life or property within the geographical boundaries of the respective jurisdictions of the City and the Town; and WHEREAS, it is the intent of this Agreement to provide better first due unit response coverage to each party's constituents and that the scope of this Agreement is for single unit responses to emergency incidents; and WHEREAS, it is the determination of the Town and the City that the decision to enter into an emergency Mutual Aid Agreement constitutes a fundamental governmental policy of both parties hereto, and that the decision to provide such mutual aid is discretionary in nature but is in the best interests of their respective citizens, and includes the determination of the proper use of the existing resources available to each of the Parties hereto with respect to providing emergency services and the utilization of existing emergency equipment and personnel of each of the Parties hereto, and WITNESSETH: NOW THEREFORE, for and in consideration of the mutual covenants, conditions and agreements contained herein, it is hereby agreed as follows 1. One Mile in, One Mile Out: That the City and the Town's fire service provider each shall respond under limited mutual aid to emergency calls that occur within one mile or less from the City's eastern boundary and the Town's western boundary. The party's response shall depend upon whether the closest unit is in quarters and what the activity level is for their area at the time of the call. Response outside of the one-mile area will be determined on a case-by-case basis based on parameters that will be established by the individual parties. Neither party is bound to respond and can decline if it feels it is in its best interest to do so. 2. Scope of Emergency Services: The scope of this Agreement includes assistance in responding to firs, medical emergencies, hazardous materials incidents, rescue and extraction incidents, and other similar emergency incidents that are within the normal scope of services provided by municipal fire departments, excluding there from, ambulance services. 3. Election to Send Units: Either party may elect to send more units depending upon the nature of the incident. If a party elects to send additional units they must receive prior approval from the agency requesting assistance. Neither party is in any way liable to the other or to any other person, firm or corporation for the determination of whether to send or not send additional units to an incident 4. Emergency Operating Procedures: For the purpose of assuring coordination of assuring coordination of emergency response, the parties hereto agree to adopt certain formal Emergency Operating Procedures, a copy of which shall be attached hereto as Exhibit A, and by reference made a part hereof, that shall be followed in requesting, dispatching and redeploying emergency units and operating at the scene of emergency incidents. These Emergency Operating Procedures shall include the notification of the Phoenix Regional Dispatch Center and the Town Providers Dispatch Center when the transition of command is completed at- the scene of an emergency incident. 5. The Programming of Radios: The Town's Emergency Services Provider shall program its radios to communicate with the City's Fire channels when responding into the City. The City Fire Department shall program their radios to communicate with the Town's Emergency Services Provider when responding to calls in the areas served by the Town's Emergency Services Provider. 6. Incident Management System: Both parties to this Agreement shall use the Incident Management System, as defined in the City's Standard Operating Guidelines, of emergency scene control to insure proper communications, fire department resource management and personnel safety. 104375v1 2 L 7. Presence of Command Officer: On all structure fires and major working incidents, the Town's Emergency Services Provider and the City will have a command officer at the scene to facilitate communication and control of each Party's respective emergency services personnel and resources. 8. Release of Emergency Services Units: For incidents occurring within its legal jurisdiction, the requesting party shall make a good faith effort to release the responding party's unit as quickly as can safely be done. 9. 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. 10. 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. The refusal or limitation of the assisting party to provide the requested emergency assistance or limit the amount of emergency assistance it.will provide outside its geographic jurisdiction shall create no liability for injury, damage or death to the parties hereto or any third party. 11. Assisting Party Under Direction of Requesting Party: From the time of arrival to the time of departure at the emergency scene, the party providing assistance shall be considered for all purposes to be under the direction and control of the party requesting assistance. In proceeding to and returning from the emergency scene, the party providing assistance shall be considered to be an independent contractor for all purposes, and not under the direction and control of the party requesting assistance. 12. Indemnification: Each Party (as "Indemnitor") hereto agrees to indemnify, defend, and hold harmless the other Party(as "Indemnitee") from and against any and all claims, losses, liability, costs or expense, including reasonable attorney's fees (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, employees, contractors, elected or appointed officials. 13. 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. For Special Teams Operations, including but not limited to Hazardous Materials, Confined Space Rescues, Rope Rescues, and Swift Water Rescues, the Party requesting 104375v1 3 assistance shall be responsible for the cost of replacing disposable supplies used in the mitigation of the emergency incident by the assisting Party. 14. Workers' Compensation: Each Party hereto shall ensure that their employees are notified in accordance with the provisions of the Arizona Workmen's Compensation Law, specifically A.R.S. §23-1022 or any amendment thereto, and that all such notices as required by such laws shall be posted in accordance with the provisions of said laws. Each party further grants consent to the other party hereto to inspect the premises and work place of each party to ensure compliance with the notice posting requirements of said law, said consent being provided to the appropriate emergency service and/or risk management function of each Party hereto. 15. Immigration and Reform Act of 1986: The Parties hereto understand acknowledge the applicability of the Immigration and Reform and Control Act of 1986 (IRCA). Each Party hereto agrees to comply with the IRCA in performing under this Agreement and to permit inspecting of its personnel records to verify such compliance. 16. Immunities: The City and the Town acknowledge that they are immune from liability for civil or other damages when rendering extraterritorial aid under the terms of this Agreement and as set forth in Scottsdale Revised Code §10-10, A.R.S. §26-314, 9-500.02, A.R.S. §48-818 and other applicable laws and regulations. 17. 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 a Certificate of Insurance as 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 material changes in such insurance coverage. Each Party's insurance or self-insurance shall name the other Party as an Additional Insured and shall be so named on the Certificate of Insurance. If the above cited policy expires during the life of this Agreement, it shall be each Party's responsibility to forward renewal Certificates to the other Party within ten(10) days after the renewal date. 18. Term of Agreement: The term of this Agreement shall commence on July 1, 2005, and shall be in effect for a period of one (1) year,unless sooner terminated under the terms of this Agreement. Thereafter, this Agreement may be renewed for additional, successive one(1) year terms upon the mutual written agreement of the City Manager and the Town Manager. 19. Termination of Agreement: This Agreement may be terminated by either Party for any reason at any time upon giving to the other Party thirty(30) days prior written notice. 20. 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. 21. 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 L., hereto. 104375v1 4 L 22. Recording: This Agreement shall be recorded with the Maricopa County Recorder's Office. 23. 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. 24. 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. 25. 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. 26. Conflict of Interest: The Parties hereto acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. §38-511. 27. Supersedes Prior Agreements: This Agreement supersedes any and all prior Mutual Aid Agreements entered into by and between the Parties hereto. 28. Notice: All notices and other communications provided for herein shall be given and validly made when delivered personally or sent by certified mail,return receipt requested, postage prepaid, to: City of Scottsdale Town of Fountain Hills Chief William L. McDonald Timothy Pickering 8401 E. Indian School Road City Manager Scottsdale, Arizona 85251 16836 E. Palisades Blvd., P. O. Box 17958 Fountain Hills, Arizona 85268 29. Amendment: The parties hereto may only amend this Agreement in writing upon the approval of their respective City and Town Councils. (continued on next page) L 104375v1 5 IN WITNESS WHEREOF the parties have executed this Intergovernmental Agreement by subscribing their names below, on the first date written above. CITY OF SCOTTSDALE, an ATTEST: Arizona Municipal Corporation Carolyn Ja, er, Cit C1 Mary Manr s Mayor APPROVED AS TO FORM: The undersigned attorney acknowledges that he has reviewed the above agreement on behalf of the City of Scottsdale, and has determined that this Agreement is in proper form and is within the powers and authority granted the City under the laws of the State of Arizona. L. Jose ' . B oldo thire City Attorney ATTEST: Town of Fountain Hil '{IL 62'1 Al;'ILI Bev Bender Wallace .Nic ols Town Clerk Mayor APPROVED AS TO FORM: The undersigned attorney acknowledges that he has reviewed the above agreement on behalf of the Town of Fountain Hills, and has determined that this Agreement is in proper form and is within the powers and authority granted the Town under the la of the State of Arizona. re McGuire Town Attorney L 104375v1 6