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Scottsdale County Island Fire District

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Scottsdale County Island Fire District Item 31 CITY COHNCIl REPORT I Meeting Date; August 30, 2016 General Plan Element: Public Services & Facilities General Plan Goal: Provide a safe environment for all citizens, visitors and private interests ACTION Adopt Resolution No. 10503 authorizing Agreement No. 2016-095-COS, Intergovernmental Agreement for the Provision of Fire Protecton Services to the Scottsdale County Island Fire District. BACKGROUND The Arizona State Legislature passed HB2780 during the 2007 legislative session, which addresses fire protection services in unincorporated county areas that exist within boundaries of an incorporated city or town. HB2780 places requirements on cities and towns with municipal fire departments to provide fire protection services to county islands within their boundaries, when no private alternative exists. The law went into effect September 19, 2007. The legislation affected inhabited county islands within the boundaries of the City of Scottsdale. They are located in the areas of Exeter and 64*^ St., Miller (Cattletrack) Road north of McDonald Road, and the area of Chaparral and 65'^ St., with a total of 39 residential parcels. A legal analysis of the law, conducted by our City Attorney’s Office, concluded that the City could be required to enter into a fire protection agreement, should the residents in one or all of the county islands form a fire district and request the service. The City has been providing fire protection services to this area since 2009. ANALYSIS & ASSESSMENT Staff was notified of the intent of the county islands to form a fire district in July of 2007. The district organizers successfully petitioned the Maricopa County Board of Supervisors on March of 2008 and officially became the Scottsdale County Island Fire District in July of 2008. Staff from the City Attorney’s Office, Risk Management, City Treasurer’s Office, and the Fire Department met with representatives from the District to develop an agreement for the City to provide fire protection services to the District that is based on the minimum requirements of the statute. The term of the Agreement is five years, the maximum term allowed in the statute. The city will receive $25,212 from the District for the provision of service for the remainder of this fiscal year. The amount for service will be adjusted annually, based on the cost of service formula that is shown in Exhibit B of the Contract. The Agreement and cost of service formula has been reviewed and approved by the Maricopa County Attorney's Office and has determined the Agreement is based on commercially reasonable assumptions, as required by the Statue. City staff participated in a valley­ wide committee to develop a uniform cost of service formula and uniform IGA template to expedite approval by the County Attorney’s Office. City Council Report | IGA - Provision of Fire Protection to Scottsdale County Island Fire District RESOURCE IMPACTS Staffing, Workload Impact No additional staff or resources are required to provide fire protection services to the District. Minimal staff time will be required to administer the contract. Future Budget Implications The City will be compensated annually, based on the cost of service formula, for the term of the Agreement. OPTIONS & STAFF RECOMMENDATION Recommended Approach Adopt Resolution No. 10503 authorizing Agreement No. 2016-095-COS, Intergovernmental Agreement for the Provision of Fire Protection Services to the Scottsdale County Island Fire District. Description of Option B Based on State Statute, if the City does not voluntarily enter into this Intergovernmental Agreement, the City would be forced to provide fire service to the District and a 3-person board would be formed to set the rate of compensation paid to the City. The 3-person board would consist of one person from the District, one person from the City, and those two persons would agree upon a third person (if no agreement on the third person is achieved, the County Board of Supervisors would appoint the third person). This option could take the compensation methodology out of the City’s control. RESPONSIBLE DEPARTMENT(S) Fire Department City Treasurer's Office STAFF CONTACT(S) Lee Guillory, Finance Director [email protected] Ryan Freeburg, Executive Assistant Fire Chief [email protected] APPROVED BY Tom Shannon, Fire Chief (480) 312-1821, [email protected] Jjbffery Mi^i^ CityAJ Treasurer s/,MIC. Date j(480) 312-2364, [email protected] Page 2 of 3 City Council Report | IGA - Provision of Fire Protection to Scottsdale County Island Fire District Brian K. Biesemeyer, Acting City Manager Date (480) 312-2800, [email protected] ATTACHMENTS 1. Resolution No. 10503 2. Contract No. 2016-095-COS Page 3 of 3 RESOLUTION NO. 10503 A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT NO. 2016-095-COS WITH THE SCOTTSDALE COUNTY ISLAND FIRE DISTRICT TO PROVIDE EMERGENCY FIRE SERVICES TO THE COUNTY ISLANDS WITHIN THE CITY OF SCOTTSDALE The State legislature has adopted legislation that authorizes cities to provide emergency fire protection services to county islands located within the cities’ planning areas; and The Maricopa County Board of Supervisors have approved the formation of a County Island Fire District within the City of Scottsdale; and The City of Scottsdale and the Scottsdale County Island Fire District have negotiated an intergovernmental agreement to provide fire services to the fire district for a period of five (5) years, for an annual cost to the District of $25,212; and In accordance with State law, the Maricopa County Attorney’s Office has determined that the Agreement is commercially reasonable and has approved the Agreement. BE IT RESOLVED by the Council of the City of Scottsdale as follows: Section 1. The Mayor is authorized and directed to sign Intergovernmental Agreement No. 2016-095-COS to provide emergency fire services to the Scottsdale County Island Fire District. PASSED AND ADOPTED by the Council of the City of Scottsdale this____day of . 2016. City of Scottsdale, an Arizona Municipal Corporation ATTEST: Carolyn dagger. City Clerk W. J. “Jim” Lane, Mayor APPROVED AS TO FORM: BruceWaghDurrTCi^Attorney C By: Clifford J. Frey Senior Assistant City Attorney 14646577V1 Attachment 1 Contract No. 2016-095-COS Resolution No. 10503 WHEN RECORDED RETURN TO: Ryan Freeburg Executive Assistant Fire Chief Scottsdale Fire Department 8401 E. Indian School Road Scottsdale, Arizona 85251 INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF FIRE PROTECTION SERVICES TO THE SCOTTSDALE COUNTY ISLAND FIRE DISTRICT BY THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA THIS AGREEMENT (“Agreement”) is entered into between the CITY OF SCOTTSDALE, an Arizona municipal corporation, (“City”) and the SCOTTSDALE COUNTY ISLAND FIRE DISTRICT, a political subdivision of the State of Arizona, (“Fire District”), collectively referred to in this Agreement as the “parties.” RECITALS The City Charter and A.R.S. §11-952, et. seq. authorize the City, and A.R.S. §48- 853(A)(8)(a) and §48-853(A)(10) authorize the Fire District to enter into intergovernmental agreements for the provision of joint action or services, including fire protection services; and A.R.S. §48-853 authorizes a city to provide fire protection services outside its corporate limits to non-contiguous county islands formed into a Fire District; and The Scottsdale County Island Fire District has been duly formed by the Maricopa County Board of Supervisors according to law; and The City is willing to provide fire protection services for property within the Fire District provided that the City is paid for the cost of providing these services, and that City fire fighting personnel are not put at greater risk of death or injury than they would be when responding to emergencies within the City because of infrastructure and hazardous materials storage concerns within the Fire District; and The parties desire to enter into this Agreement to provide fire protection services within the boundaries of the Fire District. 14809411v1 Attachment 2 Page 1 of 13 Contract No. 2016-095-COS Resolution No. 10503 AGREEMENT FOR AND IN CONSIDERATION of the mutual promises and obligations contained in this Agreement, and for other good and valuable consideration, it is agreed as follows: Article 1. Definitions. A. “Automatic Aid” means the fire and medical response system, operated by the Phoenix Regional Dispatch System covering the majority of Maricopa County and portions of Pinal County, using satellite and computerized dispatching, and common communications and operating procedures that provides a seamless fire and emergency medical services crossing jurisdictional lines. B. “Contract Administrator” for the Fire District means the Chairperson of the District Board. C. “Day” means a calendar day, without regard to whether it is a Saturday, Sunday or holiday. D. “Emergency” means an incident that poses an immediate threat to life, property, or public safety. E. “Emergency Medical Services” means emergency medical services performed by Fire Department Personnel as a first responder. It does not include vendors providing contracted ambulance services as regulated by Title 36 of the Arizona Revised Statutes. F. “Fire Protection Services” means such services as are regularly provided by a municipal fire department and includes, but is not limited to, fire prevention, emergency medical services, inspection of commercial or industrial property
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