Intergovernmental Agreement with Multiple Cities
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF GLENDALE FOR FIRE AND MEDICAL SERVICE STAFFING
This Intergovernmental Agreement (“Agreement”) is entered into this ____ day of _____________,
2024, by and between the City of Glendale, for and on behalf of the Glendale Fire Department (GFD).
This Intergovernmental Agreement (“Agreement”) is made and entered into by and between the
Cities, Towns, Fire Districts, and governmental jurisdictions (hereinafter collectively referred to either
as “Participants,” or “Agencies,” and sometimes referred to individually as “Participant” or “Agency”),
The initial Agencies are listed in Exhibit A of this Agreement, which shall be amended upon the
addition of new members as set forth herein.
RECITALS
A.
Glendale has jurisdictional authority over and public safety interests for fire and medical services
staffing which may be requested for Special Events (i.e. Stadium, Arena, Westgate, VAI Resort)
located within Glendale’s corporate limits; and
B.
These Special Events need qualified personnel to provide fire and medical services at their facilities;
and
C.
The Agencies desire to participate in providing fire and medical services to these Special Events by
making available listed Agencies’ members in accordance with the terms set forth herein.
D.
The Agencies desire to enter into this Agreement to cooperatively provide the necessary fire and
medical services while acknowledging Glendale’s primary responsibility for fire and medical services
for Special Events at facilities within the City of Glendale City Limits.
AGREEMENT
Therefore, in consideration of the foregoing recitals, the covenants, promises, terms and conditions set forth
herein, and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the Agencies hereby agree as follows:
1.
Purpose and Intent. The purpose of this Agreement is to provide the means through which the
Agencies intend to provide fire and medical services to the City of Glendale by maximizing
cooperation, by integrating the Agencies’ assets, and by addressing issues including, command,
control, personnel, planning, and training.
2.
Supervision and Staffing.
2.1
The Agencies acknowledge that command and control for all events worked for City of
Glendale pursuant to this Agreement (individually “Event” and collectively “Events”) shall
be the duty and responsibility of GFD.
2.2
In carrying out this responsibility, GFD will in good faith assign Fire personnel to work
events in accordance with the procedures adopted in consultation with the Chiefs of Fire for
all of the member agencies providing personnel to events.
2.3
Agencies agree and understand that entities other than Glendale and the GFD have input
into the decisions regarding whether, and to what extent, fire and medical will provide
service for events; however, Glendale will provide information regarding staffing decisions
to all Agencies as soon as it becomes available.
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3.
Assigned Personnel
3.1
Agencies shall have the discretion to determine which and how many of its personnel will
be allowed to apply for assignments at events (hereinafter referred to as “Assigned
Personnel”).
3.2
While working an event, the Assigned Fire Personnel must wear uniforms approved by their
Department, and the Assigned Fire Personnel may carry other equipment authorized by their
Department.
3.3
When working an event, GFD will make available to Assigned Fire Personnel forms and
other supplies that are necessary to work the event.
3.4
Upon termination of this Agreement and conclusion of any assignments, all personal
property, assets, equipment, and supplies used by the Agencies and Assigned Fire Personnel
in performance of their responsibilities shall remain with or be returned to the owner of
such property.
4.
Compensation, Insurance and Reporting
4.1
The Agencies agree that during events the Assigned Fire Personnel shall remain an employee
of their own “Agency” at all times and nothing in this Agreement is intended to contradict
or otherwise modify the provisions of A.R.S. § 23-1022 (D).
4.2
Each Assigned Fire Personnel who works an event will be paid their regular or overtime
rates directly by their own “Agency” and applied to the cost of providing worker’s
compensation insurance as set forth below.
a.
Assigned Fire Personnel’ compensation shall be subject to all applicable federal and
state taxes, which shall be deducted prior to payment, and which shall be evidenced
by a W-2 statement issued by their own “Agency”.
b.
Each “Agency” shall provide the workers’ compensation coverage and liability
coverage in such amounts and under the same terms and conditions as other sworn,
full-time employees of their own “Agency”.
c.
Assigned Fire Personnel are not entitled to any employee benefits or compensation
from Glendale.
4.3
Glendale shall make available to the “Agencies” information about the hours worked by
Assigned Fire Personnel not later than seven days following each event to enable each
“Agency” to properly monitor and regulate the hours worked by all of their Assigned Fire
Personnel.
4.4
“Agencies” will provide Glendale an actual cost detail every two weeks of any hours and
expenses paid to Assigned Fire Personnel. Glendale will reimburse the “Agencies” for actual
costs incurred.
4.5
The Agencies affirms that it has complied with the provisions of A.R.S. § 23-1022 (E) with
respect to activities addressed by the Agreement.
5.
Indemnification
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5.1
Glendale shall indemnify, defend, save and hold harmless the Agencies, its departments,
agencies, boards, commissions, Fire Personnel, officials, agents, and employees (hereinafter
referred to as “Indemnitee”) for, from and against any and all claims, actions, liabilities,
damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim
processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury
or personal injury (including death), or loss or damage to tangible or intangible property
caused, or alleged to be caused, in whole or in part, by the negligent acts or willful
misconduct of the Assigned Fire Personnel.
5.2
Glendale’s indemnity includes any claim or amount arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of such Indemnitee to conform to
any federal, state, or local law, statute, ordinance, rule, regulation, or court decree.
5.3
It is agreed that Glendale will be responsible for primary loss investigation, defense, and
judgment costs where this indemnification is applicable and in consideration of the
covenants and promises set forth in this Agreement, Glendale agrees to waive all rights of
subrogation against the Agencies, its Fire Personnel, officials, agents, and employees for
losses arising from the work performed by Agencies Assigned Fire Personnel under this
Agreement.
6.
Media Releases and Relations
6.1
Any release of information to the media, other than a public records release, regarding an
event or any activities carried out under this agreement will be coordinated by Glendale in
cooperation with Agencies but, except as provided below, no unilateral media releases will be
distributed by Agencies without the prior approval of Glendale.
6.2
A copy of all public record and media releases regarding an event or any activities carrying
out this agreement shall be forwarded to Glendale prior to release; provided however, if an
incident is primarily focused upon or concerned with the actions of Agency’s Assigned
Officer, Agency will be responsible for the release of information to the media relative to the
incident.
6.3
The Agencies will not reveal any investigative information or operational procedures except
as required by law.
7.
General Provisions
7.1
Entire Agreement. This Agreement embodies the entire understanding of the Agencies and
supersedes any other agreement or understanding between the Agencies relating to the
subject matter of this Agreement.
7.2
Term. This Agreement shall commence on the Effective Date referenced above and shall
continue in force for five (5) years.
7.3
Severability. The provisions of this Agreement are severable to the extent that any provision
or application held to be invalid by a court of competent jurisdiction shall not affect any
other provision or application of the Agreement which may remain in effect without the
invalid provision or application.
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7.4
Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Arizona.
7.5
Conflict of Interest. This Agreement may be canceled by any of the Agencies pursuant to
the provisions of A.R.S. § 38-511.
7.6
Termination. Agency may, at any time, terminate this Agreement by giving Glendale not
less than sixty (60) days prior written notice. Glendale may at any time terminate this
Agreement by giving Agency not less than sixty (60) days prior written notice.
7.7
Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising
from or relating to this Agreement or the breach thereof, the Agencies hereto shall use their
best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall
consult and negotiate with each other in good faith and, recognizing their mutual interests,
attempt to reach a just and equitable solution satisfactory to both Agencies. In the event the
Agencies cannot settle the dispute, the GFD Fire Chief shall have the final authority to
decide the dispute, claim, question, or disagreement.
7.8
Waiver. The waiver of any breach of this Agreement shall not be deemed to amend this
Agreement and shall not constitute a waiver of any other subsequent breach.
7.9
Headings. Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
7.10
Further Acts. Each Agency shall execute and deliver all such documents and perform all
such acts as reasonably necessary, from time to time, to carry out the matters contemplated
by this Agreement.
7.11
Nondiscrimination. No Agency shall illegally discriminate in either the provision of services,
or in employment, against any person because of sex, race, disability, national origin,
veteran’s status, sexual preference, or religion. Each agency agrees to comply with all
applicable federal and state laws, rules, regulations, and executive orders relating to non-
discrimination, affirmative action, and equal employment opportunity.
8.
E-Verify
8.1
The Agencies acknowledge that immigration laws require them to register and participate
with the E-Verify program (employment verification program administered by the United
States Department of Homeland Security and the Social Security Administration or any
successor program) as they both employ one or more employees in this state.
8.2
The Agencies warrant that they have registered with and participate with E-Verify.
8.3
If either agency later determines that the other non-compliant Agency has not complied with
E-Verify, it will notify the non-compliant Agency by certified mail of the determination and
of the right to appeal the determination. The Agencies retain the legal right to inspect the
papers of any employee who works pursuant to this agreement or any related subcontract to
ensure compliance with the warranty given above. Any agency listed may conduct a random
verification of the employment records of the other Agency to ensure compliance with this
warranty.
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8.4
Failure to comply shall be deemed a material breach of the Agreement that is subject to
penalties up to and including termination of the Agreement.
9.
Sudan and Iran
Pursuant to A.R.S. §§35-391.06 and 35-393.06, the Agencies hereby warrant, and represent that they
do not have, and their subcontractors do not have, and during the term hereof will not have a
scrutinized business operation in either Sudan or Iran.
[signatures appear on the following pages]
Page 6 of 11
CITY OF GLENDALE
___________________________________
Kevin R. Phelps, City Manager
ATTEST:
____________________________________
Julie K. Bower, City Clerk (SEAL)
CERTIFICATION BY LEGAL COUNSEL
The foregoing Intergovernmental Agreement between City of Glendale and the listed Agencies
is in proper form and is within the powers and authority of the City of Glendale granted under
the laws of the State of Arizona.
APPROVED AS TO FORM AND AUTHORITY:
____________________________________
Michael Bailey, City Attorney
lN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in
signing this Agreement, the signatories below affirm and attest that they are authorized
to execute this Agreement on behalf of their respective Agency.
CITY OF GOODYEAR, a municipal corporation
By
Reed,
ity Manager
ATTEST:
Darcie McCracken, City Clerk
APPROVED A
Attorney
ln accordance with A.R.S. 51 1-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
Date
4'lz arr31
CITY OF GOODYEAR
By ?ott <, ff\osst.
M
Date
4 ->q
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l):rgt 8 ol ll
City Attorney
CITY OF SURPRISE, a municipal
rporation
By:
ob Wingenroth,
Manager
ATTEST:
Kristi Passarelli, City Clerk
APPROVED AS TO FORM:
ngo, City Attomey
ln acmrdance with A.R.S. S11-952 (D), this Agreement has been reviewed by each of
the undersigned attorneys who have determined that, as to their respective clients only,
it is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
Date
CITY OF SURPR]SE
By
(,
-N
o, City Attorney
Date:
Pzge 10 of11
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EXHIBIT A
AGENCIES
The following agencies will be participating in this intergovernmental agreement:
City of Avondale, City of Goodyear, City of Peoria, and City of Surprise
AGENCY CONTACT INFORMATION
Avondale Fire and Medical
125 S. Avondale Blvd. Suite 100
Avondale, AZ 85323
Attn: Larry Rooney, Fire Chief
Phone: 623.333.6101
Fax: None
Goodyear Fire Department
14455 W Van Buren St. E-102 (P.O. Box
5100)
Goodyear, AZ 85338
Attn: Paul Luizzi, Fire Chief
Phone: 623.882.7109
Fax: None
Peoria Fire-Medical Department
8401 West Monroe Street
Peoria, AZ 85345
Attn: Gary Bernard, Fire Chief
Phone: 602.354.6420
Fax: 602.773.7294
Surprise Fire-Medical Department
14250 W. Statler Plaza Ste. 101
Surprise, AZ 85374
Attn: Brenden Espie, Fire Chief
Phone: 623.222.5027
Fax: 623.222.5001
.