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Scottsdale County Island Fire District (SCIFD)

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Scottsdale County Island Fire District (SCIFD) Item 17 CITY COUNCII REPORT Im Meeting Date; August 24, 2021 General Plan Element; Public Services & FacHities General Plan Goal; Provide a safe environment for ait citizens, visitors and private interests ACTION Adopt Resolution No. 12245 authorizing Contract No. 2021-133-COS, Intergovernmental Agreement for the renewal of Provision of Fire Protecton Services to the Scottsdale County Island Fire District (SCIFD). 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 at that time 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. 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 SCIFD in July of 2008. Staff from the City Attorney’s Office, Risk Management, Financial Services, and the Fire Department met with representatives from the District to develop an agreement for the City to provide fire protection services to the SCIFD that is based on the minimum requirements of the statute. The City has been providing fire protection services to this area since 2009, and this is a renewal from the 2016 approved contract. The term of this Agreement, Contract No. 2021-133-COS, is five years, the maximum term allowed in the statute. The city will receive $36,195.13 from the SCIFD for the provision of sen/ice 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 Agreement. The initial agreement and cost of service formula was reviewed and approved by the Maricopa County Attorney's Office who determined that such agreement was based on commercially reasonable assumptions, as required by the Statute. When the law initially went into effect. City staff participated in a valley-wide committee to develop a uniform cost of service formula and uniform IGA City Council Report | IGA - Provision of Fire Protection to Scottsdale County Island Fire District template to expedite approval by the County Attorney’s Office. The cost of service formula in this Agreement has been modified slightly from the 2016 version upon mutual agreement of the parties to reflect statew/ide property tax calculation changes that have taken place since the initial development of the cost of service formula. 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. 12245 authorizing Contract No. 2021-133-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 STAFF CONTACT(S) Ryan Freeburg, Assistant Fire Chief [email protected] APPROVED BY Tohi Sfiannon, Fife^hief Date (480) 312-1821, [email protected] 8 ■‘'•■5') Judy/Joyle/BU«get D/fect Date (480)^12-2603, Xdovl^scMtsdaleaz.qov Page 2 of 3 City Council Report | IGA - Provision of Fire Protection to Scottsdale County Island Fire District ^ Jim Thompson, UrtyTVianager Date (480) 312-2811. [email protected] ATTACHMENTS 1. Resolution No. 12245 2. Contract No. 2021-133-COS Page 3 of 3 RESOLUTION NO. 12245 A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO CONTRACT NO. 2021-133-COS, AN INTERGOVERNMENTAL AGREEMENT WITH THE SCOTTSDALE COUNTY ISLAND FIRE DISTRICT TO PROVIDE EMERGENCY FIRE PROTECTION SERVICES TO THE COUNTY ISLANDS WITHIN THE CITY OF SCOTTSDALE. WHEREAS, Arizona Revised Statutes Sections 11-951 et seq. provide that public agencies may enter Into intergovernmental agreements for the provision of services or joint or cooperative action; WHEREAS, Article 1, Section 3-1 of the City Charter of the City of Scottsdale (City) authorizes the City to enter into intergovernmental agreements with various public agencies including the Scottsdale County Island Fire District (Fire District): WHEREAS. Arizona Revised Statutes Section 9-500.23 authorizes a city to provide fire protection services outside its corporate limits to non-contiguous county islands formed into a fire district provided in Arizona Revised Statutes Section 48-853; WHEREAS, the Fire District has been duly formed by the Maricopa County Board of Supervisors according to law; WHEREAS, the City has been providing fire protection services to the Fire District pursuant to Contract No. 2016-095-COS, but that intergovernmental agreement expires on August 29, 2021; WHEREAS, the City and the Fire District wish to enter into a new Intergovernmental agreement. Contract No. 2021-133-COS, for the City to continue to provide fire protection services within the boundaries of the Fire District for a period of 5 years beginning on August 30, 2021, provided the Fire District pay the City an annual fee for fire protection service in accordance with the payment formula provided in the agreement (initial annual fee of $36,195.13); and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Scottsdale, Maricopa County, Arizona, as follows: Section 1. The City Council hereby authorizes, approves, and directs the Mayor to execute, on behalf of the City, Contract No. 2021-133-COS, Intergovernmental Agreement for the Provision of Fire Protection Services to the Scottsdale County Island Fire District by the City of Scottsdale, Maricopa County, Arizona. Attachment 1 1896l747v1 Resolution No. 12245 Page 1 of 2 PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County, Arizona this_____day of____________ , 2021. CITY OF SCOTTSDALE, an Arizona municipal corporation ATTEST: David D. Ortega, Mayor Ben Lane, City Clerk APPROVED AS TO FORM: y Sherry R. Scott, City Attorney By: Kimberly Campbell, Senior Assistant City Attorney 18961747V1 Resolution No. 12245 Page 2 of 2 Contract No. 2021-133-COS Resolution No. 12245 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 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") is entered into as of August 30, 2021, 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 A. The City Charter and A.R.S. §§ 11-952 et seq. authorize the City, and A.R.S. § 48-853(A)(9)(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. B. A.R.S. § 9-500.23 authorizes a city to provide fire protection services outside its corporate limits to non-contiguous county islands formed into a fire district as provided in A.R.S. § 48-853. C. The Fire District has been duly formed by the Maricopa County Board of Supervisors according to law. D. 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 firefighting 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 E. The parties desire to enter into this Agreement to provide fire protection services within the boundaries of the Fire District. 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.
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