INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GOODYEAR AND THE CITY OF LITCHFIELD PARK FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES THIS INTERGOVERNMENTAL AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES (this Agreement ) is entered into as of, 2010, between the City of Goodyear, an Arizona municipal corporation ( Goodyear ) and the City of Litchfield Park, an Arizona municipal corporation ( Litchfield Park ). Goodyear and Litchfield Park are sometimes collectively referred to in this Agreement as the Parties and each individually as a Party. RECITALS WHEREAS, Litchfield Park does not provide municipal fire services and recognizes that the creation of a municipal fire protection services is cost prohibitive; and WHEREAS, Litchfield Park desires to provide its citizens municipal fire protection services and emergency medical services in a cost effective manner; and WHEREAS, Goodyear s Fire Station 183 is located in close proximity to Litchfield Park; and WHEREAS, Goodyear is and will continue to be a member of the Phoenix Regional Dispatch System and Automatic Aid System; and WHEREAS, the Parties agree that it is in the best interests of their respective citizens and fire personnel to allow Goodyear to provide fire protection services and emergency medical services to the incorporated areas of Litchfield Park; and WHEREAS, the Parties desire to enter into a fire protection services and emergency medical services agreement; and WHEREAS, Litchfield Park and Goodyear have mutually agreed to a cost allocation for the fire protection services that Goodyear will provide to Litchfield Park; and WHEREAS, Goodyear and Litchfield Park are authorized to enter into this Agreement pursuant to A.R.S. 11-951, et seq. 1
AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Provision of Fire Protection Services and Emergency Medical Services. Goodyear shall provide fire protection services and emergency medical services ( Fire Protection and Emergency Medical Services ) within the corporate limits of Litchfield Park. The existing corporate limits of Litchfield Park are depicted in Exhibit A. Fire and Emergency Medical Services shall mean fire suppression, incident response (including hazmat response), fire investigations and other related services typically provided by Goodyear in adjacent areas of Goodyear. 2. Operations Costs. For Fire and Emergency Medical Services, Litchfield Park will annually compensate Goodyear 30% of the ongoing Operating Items and Personnel costs ( Operations Costs ) of Goodyear Fire Station 183, which in Year 1 of the Agreement is mutually agreed to be $382,433, as set forth in Exhibit B. Operations Costs shall be annually adjusted on July 1 of each calendar year as detailed below. a. Operating Items. As more fully detailed in Exhibit B, Operating Items generally encompasses costs associated with the maintenance, utilities and commodities necessary to operate Station 183. For the purposes of this Agreement, the Parties have mutually agreed that for Year 1 of the Agreement, the Operating Items costs will be $106,616. The Operating Items shall be automatically adjusted on July 1 of each year of this Agreement to reflect the positive change in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics for the prior twelve (12) month period. For example, at the beginning of Year 2 of this Agreement, if the CPI for the prior 12 month period was 3%, the annual Operating Items costs would be $109,814 ($106,616 x 3% ). The annual CPI adjustment will be based upon the prior year s Operating Items costs assessment and in no case shall be adjusted downward due to a negative annual CPI. b. Personnel Costs. The calculation and adjustment of Personnel Costs for the purposes of this Agreement shall include two components: 1) Salary Costs; and 2) Benefit Costs. i. Salary Costs are generally defined as the basic employee compensation costs attributed to the constant staffing of Station 183. For the purposes of this Agreement, those costs are fixed for Year 1 of this Agreement at $1,022,006. Salary Costs shall be adjusted annually, by multiplying the prior year s Salary Costs first by the average merit pay increase, by percentage, afforded to all sworn Goodyear Firefighters over the prior twelve (12) month period; and then by multiplying the prior year s 2
Salary Costs by any market pay adjustment applicable to all sworn Goodyear Firefighters for the upcoming fiscal year, and then adding the resulting sums to the prior year s Salary Costs to establish the new base Salary Cost for the next Fiscal Year 1. ii. Benefit Costs are the employer funded costs associated with providing fringe benefits to its employees. For the purposes of this Agreement, those benefits include, but are not limited to, medical insurance, dental insurance, life insurance, workers compensation, short term and long term disability, firefighter s cancer insurance, and an annual physical. The Parties mutually agree that for the purposes of this Agreement, Year 1 Benefit Costs are fixed at $146,156 for the constant staffing of Station 183. On an annual basis, Benefit Costs shall be adjusted based upon any increase in employer funded costs for those benefits provided to sworn fire personnel based upon the constant staffing of Station 183. 2 3. Fire Inspector Costs. Litchfield Park shall be responsible on an annual basis of funding 50% of the cost of a Fire Inspector II ( Fire Inspector Costs ) which in Year 1 of this Agreement will equal $27,017. Annually, the Fire Inspector Cost will be adjusted to provide for any increase in Salary Costs and Benefit Costs for the Fire Inspector. Such adjustments shall be made in the same manner as provided for in Section 2(B)(i) & (ii) above. This amount will be invoiced quarterly to Litchfield Park in conjunction with the Operations Costs invoice. The Fire Inspector s duties shall include : o Conducting annual fire code inspections of large and complex occupancies. Conducting initial inspections of residential and commercial fire protection systems (new and modified), verifying field compliance with approved plans, conducting re-inspections, final inspections, and operational acceptance testing. Conducts plan review, as required, for fire protection systems. o Responsible for scheduling annual inspections on commercial fire protection systems, responding to field inspection situations when requested. o Assists citizens, general contractors, fire protection contractors, and other agency personnel with code interpretations and information. Prepares written 1 For example, if at the end of Year 1 of the Agreement, Goodyear firefighters received on average a 2.5% merit increase and a 2% market adjustment, the Year 2 base Salary Cost would be calculated as follows: a) $1,022,006 x 2.5% = $25,550.15(merit adjustment) ; b) $1,022,006 x 2% =$20,440.12(market adjustment); c) $1,022,006+ $25,550+$20,440= $1,067,996 (Year 2 Base Salary Cost) 2 Constant Staffing is defined as : 4Firefighter/EMTs, 4 Firefighter/Paramedics, 2 Engineer/EMTs, 1 Engineer/ Paramedic, 2 Captain/EMTs, 1 Captain/Paramedic. 3
inspection documents and creates forms and checklists addressing significant issues for use by agency personnel. o Conducts inspections of special events and fire scene investigations. 4. One Time Capital Contribution-Fire Inspector Vehicle. Litchfield Park will make a one-time capital contribution to Goodyear in the amount of the cost of a Fire Department vehicle for the Fire Inspector or $40,000, whichever is less. This amount is nonrefundable and due in full on the Effective Date of this Agreement. Goodyear shall have sole discretion in the procurement and sole ownership of the subject vehicle. 5. Vehicle Replacement Fund. Litchfield Park will fund 30% of the annual Vehicle Replacement Fund ( VRF ) costs for the fire apparatus stationed at Fire Station 183 which consists of a Type 1 Fire Engine and a Type 1 UASI Hazmat truck; and of the VRF costs of the fire inspector vehicle and related equipment. VRF will be factored on a ten (10) year replacement schedule. Litchfield Park s first contribution toward VRF will be assessed on the Effective Date of this Agreement and invoiced quarterly with the Operations Costs invoices. The Year 1 VRF for Litchfield Park will be $23,398 and each year thereafter shall be automatically adjusted on July 1, of each year of this Agreement to reflect the positive change in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics for the prior twelve (12) month period and in no event shall be adjusted downward due to a negative annual CPI. Amounts collected toward VRF are non-refundable, and Goodyear shall have sole discretion in the procurement and sole ownership of the subject vehicles and equipment. 6. Dispatch Costs. As a member of the Phoenix Regional Dispatch System ( PRDS ), Goodyear is assessed a charge for each call for service dispatched. That charge is currently $24.54 per call. Under this Agreement, Litchfield Park agrees to reimburse Goodyear for the actual calls for service charges assessed to Goodyear by the PRDS for calls originating within Litchfield Park as depicted in Exhibit A. Goodyear shall invoice Litchfield Park for Dispatch Costs for the prior year s charges in the first quarterly invoice for each year of this Agreement. The Dispatch Costs shall be adjusted annually based upon the per call charge assessed to Goodyear by the PRDS. The Goodyear Fire Chief shall make all appropriate arrangements with the City of Phoenix Fire Alarm center with respect to response criteria and dispatch notification for fire and emergency response within Litchfield Park. 7. Payment for Fire and Emergency Services. Goodyear will invoice Litchfield Park on a quarterly basis for compensation as set forth in Paragraphs 2, 3, and 5 above. Litchfield Park shall make quarterly payments for Litchfield Park s share of the Operational Costs, Fire Inspector Costs and Vehicle Depreciation costs. Payment will be due within thirty (30) days of the invoice date. The first quarterly payment will be due upon signing of this Agreement and each invoice thereafter will be for the subsequent quarter. 8. Changes in Boundaries. The Parties will notify each other of any changes in boundaries having an effect on areas of responsibility hereunder by providing accurate legal descriptions and maps showing any such change. Prior to beginning any additional services or coverage, the Parties shall agree in a written addendum to this Agreement to the terms of such 4
additional services or coverage should it become desirable for Litchfield Park to expand its extraterritorial area of service requirements within the Litchfield Park city limits beyond those herein described in Exhibit A. Goodyear shall be responsible for notifying the PRDS of the change in boundaries. 9. Fire Investigations. Goodyear will provide fire investigations through its Fire Prevention division for all required incidents. 10. Management of Fire and Emergency Medical Services. Goodyear shall provide Fire and Emergency Medical Services to Litchfield Park and its residents upon the same standards as such services are provided within the adjacent areas of Goodyear. Goodyear will be responsible for managing the day-to-day operations necessary for the provision of Fire and Emergency Medical Services to Litchfield Park in conjunction with similar services provided within the corporate limits of Goodyear. In the event a non-contiguous county island fire district is formed in a strip annexed area of Litchfield Park and it is determined that Litchfield Park has a legal obligation to provide fire service to such area, Goodyear shall provide Fire and Emergency Medical Services to such area and Litchfield Park shall compensate Goodyear for such services from the fees received from the non-contiguous county island fire district. Goodyear and Litchfield Park shall mutually determine the pro-rata share of the direct expenses, indirect expenses, capital expenses and the personnel expenses attributable to the noncontiguous county island fire district (the Non-Contiguous District Expenses ). If the amount of the Non-Contiguous District Expenses is greater than the amount received by Litchfield Park from the non-contiguous county island fire district, Litchfield Park shall be responsible to pay to Goodyear the difference. 11. Operational Guidelines and Procedures. Goodyear will be responsible for developing and maintaining operational guidelines and procedures to assure Fire and Emergency Medical Services operations at a similar service level as Goodyear provides within its municipal boundaries. 12. Fire Code Enforcement. A. Fire Code Plan Review. Goodyear will be responsible for conducting fire code plan review services for Litchfield Park and will assist the Litchfield Park building official with respect to fire code related issues. B. Fire Code Inspections. Goodyear will be responsible for conducting all required fire code inspections related to both new commercial and industrial construction and existing commercial and industrial occupancies. Inspections on existing commercial and industrial occupancies shall be conducted annually. C. Fire Code. Litchfield Park shall adopt the fire code and such local amendments and fee schedules as are consistent with those adopted by Goodyear. Litchfield Park shall notify Goodyear when it requires fire code plan review and inspections and shall pay for such services as stated in the 5
13. Reporting. Cooperative Field Inspection/Plan Review Rate Agreement through the Mutual Assistance Intergovernmental Agreement (City of Litchfield Park, Resolution 09-298 and City of Goodyear, Resolution 10-1362). Should the Cooperative Field Inspection/Plan Review Rate Agreement expire or otherwise be terminated, Litchfield Park agrees to pay for plan review and inspections at Goodyear s standard adopted rate structure. Nothing in this paragraph shall prohibit Litchfield Park from performing its own fire code plan review. A. Quarterly Review. Each quarter, Goodyear and Litchfield Park shall conduct a joint activity review under the direction of Goodyear s Fire Chief, or designee, and Litchfield Park s Contract Administrator or designee. B. Annual Reports. Goodyear shall include the Fire and Emergency Medical Services provided within Litchfield Park as part of its regularly prepared annual report, a copy of which shall be filed with Litchfield Park s Contract Administrator within 15 days after said report is published each year, said requirement to continue for the life of this Agreement in a format mutually agreed to by the Parties hereto which shall provide information specific to Fire and Emergency Medical Service within Litchfield Park. 14. Meetings. The Goodyear Fire Chief, or designee, will attend all scheduled meetings of the Litchfield Park City Council, such other meetings as determined to be appropriate and necessary by Litchfield Park and will serve as the official Fire and Emergency Medical Service representative for Litchfield Park. 15. Community Outreach. Goodyear shall provide the same level of community outreach programming to Litchfield Park residents as it provides to Goodyear residents. 16. Mutual Aid. Litchfield Park shall not enter into any Mutual Aid agreements without the written, prior approval of the Goodyear City Manager or designee. 17. Litchfield Park Not Holding Itself Out as Fire Service Provided. Nothing in this Agreement shall constitute a representation by Litchfield Park that it is holding itself out as a fire service provider in Litchfield Park. 18. Indemnification by Litchfield Park. To the fullest extent permitted by law, Litchfield Park shall indemnify, and hold harmless Goodyear, its agents, representatives, officers, officials and employees for, from and against all claims, damages, losses and expenses, including but not limited to attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from its willful misconduct, negligent acts, errors, omissions or mistakes resulting from this Agreement. Litchfield Park s duty to indemnify and hold harmless Goodyear, its agents, representatives, officers, officials and employees shall arise in connection with any claim, damage, loss or 6
expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by any willful misconduct, negligent acts, errors, omissions or mistakes, resulting from this Agreement. 19. Indemnification by Goodyear. To the fullest extent permitted by law, Goodyear shall indemnify, and hold harmless Litchfield Park, its agents, representatives, officers, officials and employees for, from and against all claims, damages, losses and expenses, including but not limited to attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from its willful misconduct, negligent acts, errors, omissions or mistakes resulting from this Agreement. Goodyear s duty to indemnify and hold harmless Litchfield Park, its agents, representatives, officers, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting therefrom, caused by any willful misconduct, negligent acts, errors, omissions or mistakes, resulting from this Agreement. 20. Entire Understanding. This Agreement constitutes the entire understanding of the parties and no representations or agreements, oral or written, made prior to its execution shall vary or modify the terms hereof. The parties understand and specifically agree that the terms of this Agreement may be amended from time to time only upon written agreement by both Parties. 21. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Arizona. 22. Mediation. If a dispute arises out of or related to this Agreement, or breach thereof, the Parties agree first to try to settle the dispute through mediation before resorting to litigation. In the event that the Parties cannot agree upon the selection of a mediator within seven (7) days, either Party may request a presiding judge of the Superior Court to assign a mediator from a list of mediators maintained by the Arizona Municipal Risk Retention Pool. The cost of any such mediation shall be divided equally between Litchfield Park and Goodyear. 23. Attorneys Fees. In the event that either party hereto brings any action or files any proceeding in connection with the enforcement of its respective rights under this Agreement as a consequence of any breach by the other party of its obligations under this Agreement, the prevailing party in such action or proceeding shall be entitled to have its reasonable attorneys fees and out-of-pocket expenditures paid by the losing party. All such fees shall be deemed to have accrued upon the commencement of such action. 24. Conflict of Interest. This Agreement may be cancelled pursuant to ARIZ. REV. STAT. 38-511. 25. Non-Appropriation. The parties acknowledge that this Agreement is subject to annual budget appropriations and failure by either party to appropriate funds to implement the terms of this Agreement shall terminate this Agreement. 7
26. Effective Date. This Agreement shall become effective ( Effective Date ) after it is (i) approved by the respective City Councils, (ii) executed by both Parties and (iii) recorded with the Maricopa County Recorder, and shall continue subject to the Term defined in Provision 28 of this Agreement. 27. Notices. All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to Litchfield Park: City of Litchfield Park Attn: City Manager 214 W. Wigwam Blvd. Litchfield Park, AZ 85340 If to Goodyear: City of Goodyear Attn: City Manager 190 N. Litchfield Road Goodyear, AZ 85338 28. Term. Unless this Agreement is otherwise terminated as provided herein the term of this Agreement shall be twenty-five (25) years from the Effective Date of this Agreement. This Agreement may be extended by mutual agreement of the Parties for up to two (2) ten (10) year extensions subject to the same terms and conditions of the original Agreement. 29. Termination. A). Goodyear Breach. Litchfield Park may terminate the Agreement with 365 days notice to Goodyear if Litchfield Park determines that Goodyear, in the performance of this Agreement, has (a) not managed the Fire and Emergency Medical Services in such a way that the services within the boundaries of Litchfield Park are similar to the services provided in Goodyear, (b) provided a significantly diminished level of service quality, (c) failed to provide records as specified by this Agreement, or (d) allowed service standards or conditions to persist at a level that creates imminent harm to the public health and safety. At Litchfield Park s option, in lieu of termination, Litchfield Park may pursue an action for specific performance of this Agreement. B). Litchfield Park Breach. Goodyear may terminate the Agreement with 365 days notice to Litchfield Park if Goodyear determines that Litchfield Park has failed to meet its primary responsibilities pursuant to this Agreement, including but not limited to, payment of Litchfield Park s share of the operating costs as set forth in this Agreement, 30. Ownership. Participation in this Agreement shall create no ownership interest for Litchfield Park relative to any equipment and/or real or personal property existing at the effective date of this Agreement or subsequently purchased through the vehicle depreciation funds or other funds collected pursuant to this Agreement. At the conclusion of this Agreement, Goodyear shall retain ownership of any and all equipment and/or real or personal property 8
utilized or funded from this Agreement and Litchfield Park shall not be eligible for any reimbursement relative to that property. 31. Audit of Records. Each Party, upon written request and at reasonable times, shall have the right to review, inspect, audit and copy all books, accounts, reports, files and any and all other records relating to the performance and/or costs associated with this Agreement. 32. Sudan/Iran. Parties, certify, to the extent applicable under A.R.S. 35-391 and 35-393 et seq. that neither has "scrutinized" business operations, as defined in the proceeding statutes in the countries of Sudan or Iran. 33. E-Verify. Parties warrant compliance with the e-verify program statute, A.R.S. 23-214(A). A breach of this warranty shall be deemed a material breach of this Agreement, and shall subject this Agreement to penalties up to and including termination of the Agreement. The Parties mutually retain the rights to inspect the papers and records of any of other Party s employees on the Agreement to ensure compliance with this requirement. SIGNATURES ON FOLLOWING PAGE 9
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first written above. Litchfield Park CITY OF LITCHFIELD PARK, an Arizona Municipal Corporation Goodyear CITY OF GOODYEAR, an Arizona Municipal Corporation Thomas L. Schoaf, Mayor James M. Cavanaugh, Mayor ATTEST: ATTEST: Mary Rose Evans, MMC, City Clerk Lynn Mulhall, City Clerk In accordance with the requirements of A.R.S. 11-952(D), the undersigned City 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. Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C., City Attorneys By: Susan D. Goodwin Roric Massey, City Attorney City of Goodyear 10
F:\1605\Contracts\IGA\Goodyear Fire Service SG 4-8-10.DOCX 11
EXHIBIT A
EXHIBIT B GOODYEAR FIRE DEPARTMENT FIRE PROTECTION / EMERGENCY MEDICAL SERVICES 2009 BASE YEAR COST SUMMARY Operating Items (Initial) CAD Equipment Maintenance $23,450 Operation Supplies $4,000 Cleaning Supplies $1,740 Vehicle Maintenance, Fuel & Lubricants $22,026 EMS Supplies $7,500 EMS Equipment Maintenance $3,000 Electricity $24,500 Natural Gas $4,500 Water & Sewer $3,600 City Solid Waste $900 Telephone $5,000 Landscaping Maintenance $6,400 Total Operating Items Cost Year 1 $106,616 Personnel Costs Salary Costs Constant Staffing Station 183 - Year 1 $1,022,006. Benefits Cost Benefit Costs Year 1 $146,156 Total Personnel Costs Year 1 $1,168,162