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HomeMy WebLinkAboutResolution 92-020 IGA with avra valley fire district for response to callsRESOLUTION NO. 92-20 & RESOLUTION OF THE I~YOR ~TD COUNCIL OF THE TOWN OF ]GRAI~, ARXZON~ ~UTHORIZING THE TO~T OF ~A TO E~ER ~O ~ I~ER~NT~ ~G~ ~ITH THE ~ V~T~y F~ D~STRICT FOR PRO~T ~SPONSE TO ~T~.S FOR F~, ~SCU~ OR ~RGENCY ~DI~ SERVICES; ~D DECKING ~ ~RGENCY BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona: 1. That the Town Council of the Town of Marana hereby approves that certain intergovernmental agreement betw~en the Town of Mararia and the Avra Valley Fire District relating to the routing of calls for fire, rescue or emergency medical services and response thereto. 2. That the Mayor is hereby authorized to execute such agreement on behalf of the Town of Mararia. WHEREAS, the immediate operation of this Resolution is necessary for the preservation of the public peace, health and safety of the Town of Marana, Arizona, an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage and adoption. PASSED AII'D ADOPTED by the Town Council of the Town of Mararia, Arizona, this 16th day of June, 1992. MAYOR APPROVED AS TO FORM: AGREEMENT This Intergovernmental Agreement is entered into by and between the TOWN OF MARANA, a body politic, (hereinafter "TOWN") and the AVRA VALLEY FIRE DISTRICT, a body politic (hereinafter "DISTRICT"). TOWN and DISTRICT are collectively referred to as "the parties." RECITALS: WHEREAS, the Marana Volunteer Fire Department ceased operation on or about June 8, 1992; WHEREAS, the TOWN owns and maintains property and structures pursuant to A.R.S. S 9-240 and has a duty to protect same; WHEREAS, the DISTRICT, pursuant to A.R.S. S 48-805(B) (12) may enter into contracts and execute any agreements or instruments and do any other act necessary or appropriate to carry out its purpose; WHEREAS, the parties desire to enter into an intergovernmental agreement to provide for the prompt routing of emergency calls; NOW, THEREFORE, based on the foregoing recitals which are incorporated as the intention of the parties, the parties agree as follows: 1. That the DISTRICT may respond to calls for fire, rescue or emergency medical services in that geographic area designated in the DISTRICT's Certificate of Necessity to the extent those calls are dispatched or otherwise communicated from the Marana Police Chief or other authorized persons in command of, or responsible for, police protection in the TOWN, and/or routed by "911" to the DISTRICT, provided, however, that response will be given only when the DISTRICT is not otherwise occupied and only when the services of the responding units can be spared by the DISTRICT with a margin of safety to protect the citizens and property of the DISTRICT. 2. It is understood and agreed that the Marana Police Department and the Avra Valley Fire District shall enjoy the use of each other's licensed radio frequencies for emergency and business communications purposes only. 3. It is understood and agreed that the DISTRICT Fire Chief shall be the sole judge of how much of the requested assistance shall be furnished in a given instance and neither party to this Agreement shall, in any way, be liable to the other or to any other person or entity, for failure to give the assistance asked. 4. It is understood that each party to this Agreement waives all claims against the other party for compensation for any loss, damage, personal injury or death occurring as a consequence of the performance of this Agreement. 5. Neither party to this Agreement shall be reimbursed by the other party for any costs incurred pursuant to this Agreement. 6. The employees of the DISTRICT shall not become employees of the TOWN and the employees of the TOWN shall not become employees of the DISTRICT by virtue of this Agreement. All matters of compensation, benefits, discipline or any other aspect of employment shall remain unchanged by this Agreement. Each employee of each party to this Agreement shall be governed by the work rules and conditions of his or her employer. 7. Each party to this Agreement shall indemnify, defend and hold the other party and its respective directors, officials, officers, employees and agents harmless against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines, or damages, including consequential damages, liability, interest, attorney's and accountant's fees or costs and expenses of whatever kind and nature, which are in any manner directly or indirectly caused, occasioned or contributed to, by reason of any act, omission, fault or negligence, violation or alleged violation of any law, whether active or passive, of the indemnify party, its agents, employees, or anyone acting under its direction, control or on its behalf, in connection with or incident to the performance of this Agreement. This indemnification shall not apply to a cause of action brought by any party to this Agreement which constitutes a challenge to the validity of the Agreement itself. 8. The parties do not warrant their power or right to enter into this Agreement and if the same is destroyed by court action initiated by third persons, there shall be no liability of any party to any other party by reason of such action or by reason of this Agreement. 9. This Agreement is subject to the conflict of interest provisions of A.R.S. S 38-511. 10. The parties to this Agreement shall not discriminate against any individual in any way on account of such individual's race, color, religion, sex, age, handicap or national origin. 11. The parties to this Agreement shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes thereunder. Any action relating to this Agreement shall be brought in an Arizona court. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue valid and enforceable to the full extent permitted by law. Any changes in the governing laws during the term of this Agreement shall apply but do not require an amendment. 12. This agreement shall continue in full force and effect until terminated by formal act of the governing bodies of either or both parties to this Agreement. 13. The parties may, at any time upon written notice, extend or modify this agreement by mutual consent. 14. Irrespective of paragraph 11, above, this Agreement may be terminated upon thirty (30) days written notice by either party. Notice of intent to terminate this agreement shall be sent to the following parties: Mayor, Town of Marana Chairman, Board of Directors 13251 N. Lon Adams Rd. 16250 W. El Tiro Marana, AZ 85653 Marana, AZ 85653 15. This agreement is entered into pursuant to the authority granted the parties hereto under A.R.S. §§ 28-805 and 11-951, et secf - IN WITNESS WHEREOF, the parties have executed this Agreement this -'?\3 day of June, 1992. TOWN OF MARANA By: MAYOR ATTEST: AVRA VALLEY FIRE DISTRICT B Y? AIRON ?OT?HEBOA?D ATTEST: CLERK OF THE BOARD REVIEWED D APPROVED AS TO FORM: Pursuant to A.R.S. S 11-952(D), the attorneys for the parties hereto have determined that the foregoing Agreement is in proper form and is within the powers and authority granted under the laws of the State of Arizona. EY- DISTRICT ATTORNEY