HomeMy WebLinkAboutRes 2006-05 fklir RESOLUTION NO. 2006-05
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
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 Fort McDowell Yavapai Nation 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,April 6, 2006.
FOR THE TO OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nich 1s, a Bevelyn J. B de own Clerk
REVIEW, i :Y: APPROVED AS TO FORM:
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Timot y G. Pickering, Town .nager Andrew J. McGuire, Town Attorney
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EXHIBIT A
TO
RESOLUTION NO. 2006-05
[Intergovernmental Agreement]
See following pages.
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- - Council.Member Gwen Bahe Counci(Member Owen Do(�a
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RESOLUTION AUTHORIZING THE PRESIDENT TO NEGOTIATE AND EXECUTE A
MUTUAL AID AGREEMENT WITH THE TOWN OF FOUNTAIN HILLS FOR FIRE
PROTECTION AND OTHER EMERGENCY SERVICES AND TO EXECUTE SAID
AGREEMENT
Resolution No.Ft.McD 2006- 25.
WHEREAS, the Fort McDowell Yavapai Nation Tribal Council is the governing body of the Fort
McDowell Yavapai Nation("Nation"), a Federally-Recognized Indian Tribe; and,
WHEREAS, in order to protect and promote the health and safety of the Community, the Nation's Fire
Department provides fire protection and emergency response services on the Fort McDowell Reservation;
and,
WHEREAS, the Fire Department is an agency of the Nation and has recommended that the Nation enter
into a mutual aid agreement with the Town of Fountain Hills for mutual assistance in fire protection and
other emergency services,which is attached hereto as Exhibit A; and,
WHEREAS, the Tribal Council has determined that entering into a Mutual Aid Agreement for fire
protection and other emergency services with the Town of Fountain Hills is in the best interest of the
community.
NOW, THEREFORE, BE IT RESOLVED, that the Fort McDowell Tribal Council authorizes the
President or his designated agent to negotiate a Mutual Aid Agreement with the Town of Fountain Hills
for fire protection and other emergency services and to execute said Agreement.
CERTIFICATION
Pursuant to the authority contained in Article V, Sections 13(A)(1), (2), (3), (5), (6), (11), (15), (21), (23),
and(25) and (B)(1) & (2) of the Constitution of the Fort McDowell Yavapai Nation,ratified by the Tribe
on October 19, 1999 and approved by the Secretary of the Interior on November 12, 1999, was adopted
this z/ day of March 2006, at a Tribal Council Meeting held at Fort McDowell at which a quorum of
''f members were present, / absent,by a vote of 3 for and 0 opposed and 0 abstained.
Ral R. Bear
Presi I t, Tribal Council
'72442-er" t01-29-72,‘-e__ ,...-q/,21/0 b
L." Pansy Thomas Date
Tribal Secretary
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MUTUAL AID AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FORT MCDOWELL YAVAPAI NATION
THIS MUTUAL AID AGREEMENT is made and entered into .4 2'L -�' �' , 2006,
by and between the Town of Fountain Hills (hereinafter the "Town"), an Arizona municipal
corporation and Fort McDowell Yavapai Nation, a Federally-Recognized Indian Tribe
(hereinafter the "Nation").
RECITALS
WHEREAS, the Town and the Nation, through their respective Councils may provide for
mutual assistance for fires and other emergency incidents within the Town of Fountain Hills and
the Nation's reservation as described under the terms of this Agreement.
WHEREAS, it is the desire of the Town and the Nation 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 Nation that the decision to enter
into this Agreement constitutes a fundamental governmental policy of the Town and the Nation
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 Nation desire to enter this Agreement
assistance to encourage the development of cooperative procedures and protocols, and other
activities that will enhance fire protection for the residents of both the Nation and the Town.
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, subject to the availability of resources of the Parties hereto as further detailed in
Paragraph Seven.
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 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
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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
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 proscribed by National Incident Management System, or the standard
operating procedures that may be generally practiced and accepted at the 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
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
coy 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 Nation 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 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
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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. Workmen's Compensation: Each party hereto, as applicable, 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.
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 March 1, 2006, 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.
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 A.R.S. § 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
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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:
If to the Town: Town of Fountain Hills
16705 E. 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 E. Washington, Suite 800
Phoenix, Arizona 85004-2327
Facsimile: 602-340-1538
Attn: Andrew J. McGuire, Esq.
If to the Nation: Fort McDowell Yavanp9i Nation
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1' P ax /7779) z) , P.A, !1a.
Facsimile: c�
Attn: �IO iy?a S j r-I of f f/ ( 421 evc_( eau-ksel
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 (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, (iii) 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
(iv) 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.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this instrument as of the
date and year first set forth above.
"Town" "Nation"
TOWN OF FOUNTAIN HILLS, an Arizona FORT MCDOWELL YAVAPAI NATION,
municipal corporati a federally-recognized Indian tribe
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Timo y G. Pickering, Town M ager p ael R. Bear, President, Tribal Council
ATTEST: ATTEST:
151./e
Bevelyn J. Be er own Clerk Pansy Thomas, Secretary, Tribal Council
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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, has determined that this
Agreement is in proper form and that execution hereof is within the powers and authority
granted under the laws of the State of Arizona.
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Andrew J. McGuire, Town Attorney
The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf
of the FORT MCDOWELL YAVAPAI NATION, 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 Fort McDowell Yavapai Nation, Section 13(A)(15), Article V Legislative
Branch, as adopted October 19, 1999 and approved by the U.S. Deputy Commissioner of Indian
Affairs November 12, 1999. This acknowledgement shall not constitute nor be construed as a
waiver of the Sovereign Immunity of the Fort McDowe►l Yavapai Nation.
Runat �ast�r G ral Counsel
Fort McDowell Y pai Nation
(bry goo I g- 171-0/2/4-4 7 y
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