IGA with City of Maricopa for Joint Firefighter Training

INTERGOVERNMENTAL AGREEMENT

This Intergovernmental Agreement ("IGA") is made and entered into this 1ST day of

APRIL . 2025, by and between the City of Chandler, an Arizona municipal

corporation ("Chandler") and the City of Maricopa, an Arizona Municipal Corporation
("Maricopa"), collectively referred to in this IGA as the "parties."

RECITALS:

WHEREAS, the City of Chandler and the City of Maricopa both operate fire departments
for their respective jurisdictions; and

WHEREAS, both the Chandler Fire Department (CFD) and the Maricopa Fire and
Medical Department (MFD) are obligated to train their personnel; and

WHEREAS, CFD and MFD personnel provide mutual assistance to one another with
respect to emergencies; and

WHEREAS, such mutual assistance will be more effective and efficient if the respective
Fire Departments’ personnel are jointly trained; and

WHEREAS, Chandler's Public Safety Training Center is large enough to accommodate
the training of fire department personnel from both CFD and MFD; and

WHEREAS, the cost of personnel training will be reduced for both the CFD and the
MFD if joint training is provided at the Chandler Public Safety Training Center; and

WHEREAS, Arizona Revised Statutes, Section 11-951, et. seq., provides that public
agencies may enter into intergovernmental agreements for the provision of services, or for joint
or cooperative action; and

WHEREAS, the MFD wishes to enter into this IGA to improve its capabilities thereby
directly advancing the City of Maricopa's interest in protecting the health, safety and welfare of
its citizens.

NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
in this IGA and other good and valuable consideration, the adequacy of which is hereby
acknowledged, the parties agree as follows:

1.0 Joint Training.

Ll Agreement to Jointly Train, CFD and MFD agree to jointly train their respective
fire department personnel in accordance with the terms and conditions of this IGA.

1.2. Schedule. CFD will use its best efforts to notify MFD of the time and date set for
its trainings, and the topic of each such training, no less than fourteen (14) calendar days before
the scheduled training event.

1.3 Training Topics. Training topics could include blood borne pathogens, electrical
safety, confined space entry, flashover training, hazardous materials response, technical rescue,
hose placement, ladder use and pharmacology. Other subjects will be included as necessary and
MED will be given the opportunity to suggest additional topics.

1.4 Training Location. Unless otherwise agreed to by the parties, all training pursuant
to the IGA will be conducted at the Chandler Public Safety Training Center located at 3550
South Dobson Road, Chandler, Arizona.

1.5 MED Personnel. MFD will send only MFD personnel to trainings scheduled
pursuant to this IGA. Upon the request of MFD, CFD shall identify the number of spaces
available to MFD personnel based on its estimate of the number of CFD personnel to be in
attendance, the availability of funds for consumable items and capacity limits associated with the
subject matter or topic of the training.

1.6 MED Instructors, Nothing in this IGA shall be deemed to preclude CFD and MFD
from agreeing to have MFD instructors cover some training topics. This provision, however, will
not impact any aspect of Paragraph 2.1.

1.7. Use of Facility, MFD agrees to abide by all rules and regulations for use of the
Chandler Public Safety Training Center, either written or oral, as provided by the appropriate
representatives of the CFD.

2.0 Financial Aspects of Joint Training.

2.1 The Maricopa Fire Department's Contribution. The MFD total contribution shall
be equal to Four Hundred Dollars ($400) per sworn firefighter employed by MFD as of the
Effective Date and each anniversary of that date for the term of this IGA but not to exceed ninety
(90) firefighters annually. Within thirty (30) calendar days of the Effective Date, and thirty (30)
calendar days prior to the Effective Date anniversary of each year in the Term of this IGA, MFD
shall submit written verification of the number of sworn firefighters to be employed by MFD on
October Ist of the particular calendar year. Once this written verification is received by the CFD
Training Division, MFD will be invoiced for the total contribution amount for the current fiscal
year. Payment for this IGA will be due thirty (30) calendar days after submission of invoice to
MFD.

3.0 General Provisions.

3.1 Term. Once both parties have executed this IGA, the term of the IGA will
commence on January 1, 2025, and, unless renewed, amended, or terminated early, expire on
December 31, 2025. If the parties renew this IGA in accordance with Subparagraph 3.1.1., the
use of the word "Term" in this IGA will include any renewal term periods as well as the original
one-year Term established in this Paragraph 3.1.

3.1.1 Automatic Renewal, This IGA will automatically renew for four
additional one (1) year terms unless one of the parties notifies the other, at least 90 calendar days
prior to end of the Term, of its intent to let the IGA expire.

3.1.2 Early Termination. Either party may terminate this IGA by providing
notice to the other at least ninety (90) calendar days prior to the date the terminating party
intends for the IGA is to be terminated. If Chandler terminates prior to the end of the Term, it
will refund the MFD's payment made in accordance with Paragraph 2 on a pro-rata basis based
on the number of calendar months remaining in the anniversary year of the Term in which the
termination is made. If the MFD terminates prior to the end of the Term, no refund of the
payment amount made in accordance with Paragraph 2 will be made. No refunds will be made if
MED reduces its number of personnel during any anniversary year of the Term after payment has
been made.

3.2 Meetings. Representatives from CFD and the MFD will meet no less than once
per year to discuss the mechanics of this IGA. The parties shall operate in good faith and will be
responsive to any reasonable request of the other to meet to discuss matters covered by this IGA
in addition to the minimum once per year meeting required.

3.3 IGA _Not Exclusive. Nothing in this IGA shall prevent either CFD or the MFD
from entering other agreements regarding the training, or joint training, of their respective fire
department personnel.

3.4 Notice and Opportunity to Cure. Unless a breach of, or default under, this IGA
will result in an imminent threat to public health, safety and welfare; the non-defaulting party
shall provide the defaulting party written notice of the alleged breach or default and a reasonable
opportunity to cure such breach or default prior to such breach or default becoming actionable.

3.5 Dispute Resolution. Prior to conducting any litigation relating to this IGA, CFD
and the MFD shall negotiate in good faith and attempt to resolve any dispute, controversy or
claim arising out of or relating to this IGA or the breach, termination, interpretation or validity -
hereof (a "Dispute").

3.6 IGA Indemnification. The MFD shall indemnify and hold harmless Chandler, its
officers, agents and employees from and against claims or expenses, including penalties and
assessments and attorney's fees to which they or any of them may be subjected by reason of
injury or death of any person, including the employees, agents and invitees of the MFD, or loss

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or damage to any property contributed to or caused by the active or passive negligence of the
MFD, its agents, servants, employees, contractors or subcontractors in the activities described in
this IGA or in connection therewith. In case any suit or other proceeding shall be brought on
account thereof, the MFD, at the request of Chandler, will assume the defense at the MFD's own
expense and will pay all judgments rendered therein. The provisions of this Subparagraph 3.6
shall survive termination of this IGA.

The CFD shall indemnify and hold harmless the City of Maricopa, its officers, agents and
employees from and against claims or expenses, including penalties and assessments and
attorney's fees to which they or any of them may be subjected by reason of injury or death of any
person, including the employees, agents and invitees of the CFD, or loss or damage to any
property contributed to or caused by the active or passive negligence of the CFD, its agents,
servants, employees, contractors or subcontractors in the activities described in this IGA or in
connection therewith. In case any suit or other proceeding shall be brought on account thereof,
the CFD, at the request of Maricopa, will assume the defense at the CFD's own expense and will
pay all judgments rendered therein. The provisions of this Subparagraph 3.6 shall survive
termination of this IGA.

3.7 Notices. Unless otherwise provided in this IGA, all notices, demands, requests,
consents, approvals and other communications (collectively, "Notices") required hereunder shall
be given by certified U.S. mail, postage prepaid or personally delivered, against receipted copy,
at the address set forth below or at such other address as either party shall, from time to time,
designate in writing to the other by notice given in the same manner specified in this paragraph.
Notices shall be deemed received upon receipt, which shall be evidenced by a receipted copy (in
the case of notices that are personally delivered), or as evidenced by the postal service receipt.

If to Chandler: Chandler Fire Department
Attn: Chief Tom Dwiggins
151 East Boston Street
Chandler, Arizona 85225

If to the Maricopa Fire Department: Maricopa Fire Department
Attn: Fire Chief Brad Pitassi
20340 N. Estrella Pkwy
Maricopa AZ, 85139

4.0 Miscellaneous.

4.1 Entire Agreement, This IGA 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 herein.

4.2 | Amendments. Any amendment to or variation from the terms of this IGA shall be
in writing and shall become effective only after approval of both parties.

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4.3 Counterparts. This IGA may be executed in two or more counterparts, each of
which shall be deemed an original but which, when taken together, shall constitute one and the
same instrument.

44 Cancellation. Each party acknowledges that this Agreement is subject to the
cancellation provisions of A.RS. Section 38-511.

4.5 Good Standing Authority. Each of the parties represents and warrants to the other
that it is duly formed and validly existing under the law of Arizona and that the signatory has the
authority to bind the party on whose behalf each such individual is signing.

4.6 Default and Remedies. In the event that a party is in default hereunder, the other
party shall have all remedies available to them at law or in equity (including expedited equitable
relief) whether under this IGA or otherwise. The duties and obligations imposed by this IGA and
the rights and remedies available hereunder shall be in addition to and not a waiver or limitation
of any duties, obligations, rights and remedies otherwise imposed or available at law or equity.

4.7 Waiver. No waiver by any party of a breach of any of the terms or conditions of
this IGA shall be construed or held to be a waiver of any succeeding or preceding breach of the
same or any other terms or condition contained herein.

4.8 Non-Agents. This IGA does not create a principal/agent relationship or
employer/employee relationship between the parties and neither party is hereby authorized to
incur costs, expenses or other obligations on behalf of the other party. The parties agree that their
respective employees are not under the jurisdiction or control of the other party for purposes of §
23-1022.

4.9 Successors and Assigns. This IGA shall be binding upon, inure to the benefit of
and be enforceable by and against the Parties to this IGA and their respective heirs, executors,
administrators, personal representatives, successors and assigns.

4.10 Interpretations and Definitions. The Parties agree that each Party and its counsel
have reviewed and revised this IGA and that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in the interpretation of
this IGA.

SIGNATURES ON FOLLOWING PAGE

IN WITNESS WHEREOF, the parties have executed this IGA by signing their names on

the day and date first written above.

City of Chandler, an Arizona Municipal
corporation

By:

Kevin Hartke
Mayor

ATTEST:

By:

City Clerk

IN ACCORDANCE WITH A.R.S. §§ 9-240
and 11-952, THIS IGA HAS BEEN
REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED IT
IS PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED
TO THE CITY OF CHANDLER UNDER
THE LAWS OF THE STATE OF ARIZONA

APPROVED AS TO FORM:

By:

City Attorney
DIMG

City of Maricopa, an Arizona
Municipal Corporation

By: / } Cnrir Sy Wa
Nanky Smithl “—7" ,
Mayor

ATTEST:

City Clerk

ATS

REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED IT
IS PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED
TO THE CITY OF MARICOPA UNDER
THE LAWS OF THE STATE OF ARIZONA

APPROVED AS TO FORM:

ity Attorney