golder ranch fire district governing board meeting …€¦ · 8/18/2020 · meeting online. if...
TRANSCRIPT
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GOLDER RANCH FIRE DISTRICT GOVERNING BOARD MEETING PUBLIC NOTICE AND AGENDA
REGULAR SESSION
Tuesday, August 18, 2020 9:00 a.m. 3885 East Golder Ranch Drive, Tucson, Arizona
DUE TO COVID-19 AND RELATED PRECAUTIONS IN-PERSON ATTENDANCE IS PROHIBITED
VIRTUAL MEETING- PLEASE SEE DETAILS BELOW Pursuant to ARS § 38-431.02, ARS § 38-431.03 and ARS § 38-431.05, the Golder Ranch Fire District Governing Board will meet in Regular Session that begins at approximately 9:00 a.m. on Tuesday, August 18, 2020. The meeting will originate at the Fire District Administration Board Room, which is located at 3885 East Golder Ranch Drive, Tucson, Arizona. The order of the Agenda may be altered or changed by direction of the Board. The Board may vote to go into Executive Session, which are not open to the public, on any agenda item pursuant to ARS § 38-431.03(A )(3) for discussion and consultation for legal advice with the Fire District Attorney on the matter(s) as set forth in the agenda item. The following topics and any reasonable variables related thereto will be subject to discussion and possible action.
1. CALL TO ORDER/ROLL CALL
2. SALUTE AND PLEDGE OF ALLEGIANCE
3. FIRE BOARD REPORTS
4. CALL TO THE PUBLIC This is the time for the public to comment. Members of the Board are not permitted to discuss or take action on any item raised in the Call to the Public, which are not on the agenda due to restrictions of the Open Meeting Law; however, individual members of the Board are permitted to respond to criticism directed to them. Otherwise, the Board may direct staff to review the matter or that the matter be placed on a future agenda. ** Please see revised instructions to speakers at the bottom of this agenda.
5. CONSENT AGENDA
The consent portion of the agenda is a means of expediting routine matters, such as minutes or previously discussed or budgeted items that must be acted upon by the Board. Any item may be moved to Regular Business for discussion and possible action by any member of the Board.
A. APPROVE MINUTES – JULY 21, 2020 REGULAR SESSION
B. APPROVE THE CANCELATION OF THE GENERAL ELECTION FOR THE UNCONTESTED GOVERNING BOARD RACE FOR THE GOLDER RANCH FIRE DISTRICT, SCHEDULED FOR NOVEMBER 3, 2020
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6. REPORTS AND CORRESPONDENCE
A. FIRE CHIEF'S REPORT - CHIEF KARRER
UPDATES ON THE FOLLOWING AREAS: o MEETINGS, TRAININGS, AND EVENTS ATTENDED o POLITICAL & PUBLIC SAFETY INTERACTIONS/UPDATES o DISTRICT ACTIVITIES o PERSONNEL o COMMENDATIONS/THANK YOU CARDS RECEIVED
BOARD SERVICES REPORT – MANAGER PAINTER
COMMUNITY RELATIONS REPORT – MANAGER BRASWELL
INFORMATION TECHNOLOGY REPORT – MANAGER RASCON
LEADERSHIP TEAM REPORT – PRESIDENT JONES
B. EMERGENCY/LIFE SAFETY SERVICES ASSISTANT CHIEF'S REPORT - CHIEF BRANDHUBER
UPDATES ON THE FOLLOWING AREAS: o ASSISTANT CHIEF’S ACTIVITIES FOR THE MONTH o EMS o FINANCE o FIRE AND LIFE SAFETY SERVICES o HEALTH AND SAFETY o HONOR GUARD/PIPES AND DRUMS o HUMAN RESOURCES o OPERATIONS o SPECIAL OPERATIONS o TRAINING o WILDLAND
C. LOGISTICS & SPECIAL PROJECTS ASSISTANT CHIEF'S REPORT - CHIEF ABEL
UPDATES ON THE FOLLOWING AREAS: o ASSISTANT CHIEF’S ACTIVITIES FOR THE MONTH o SPECIAL PROJECTS o LOGISTICS
7. REGULAR BUSINESS
A. DISCUSSION AND POSSIBLE ACTION APPROVING RESOLUTION NUMBER 2020-0008
AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE-PURCHASE AGREEMENT AND RELATED DOCUMENTS FOR THE LEASE PURCHASE OF CERTAIN ENERGY CONSERVATION EQUIPMENT; DELEGATING THE AUTHORITY TO THE FIRE CHIEF OF THE DISTRICT AND THE FINANCE MANAGER OF THE DISTRICT OR THEIR DESIGNEE TO DETERMINE CERTAIN MATTERS WITH RESPECT TO THE LEASE-PURCHASE AGREEMENT AND RATIFYING ALL ACTIONS TAKEN OR TO BE TAKEN TO FURTHER THIS RESOLUTION
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B. DISCUSSION AND POSSIBLE ACTION REGARDING THE GOLDER RANCH FIRE DISTRICT RECONCILIATION AND MONTHLY FINANCIAL REPORT
C. EXECUTIVE SESSION: THE BOARD MAY VOTE TO GO INTO EXECUTIVE SESSION PURSUANT TO A.R.S. §38-431.03.A(1) FOR THE PURPOSE OF DISCUSSION AND REVIEW OF THE FIRE CHIEF’S ANNUAL PERFORMANCE EVALUATION AND EMPLOYMENT CONTRACT
D. EXECUTIVE SESSION: THE BOARD MAY VOTE TO GO INTO EXECUTIVE SESSION
PURSUANT TO A.R.S. §38-431.03.A(3) FOR THE PURPOSE OF CONSULTATION OR LEGAL ADVICE REGARDING A CONFIDENTIAL PERSONNEL MATTER AND POSSIBLE LITIGATION
E. DISCUSSION AND POSSIBLE ACTION REGARDING THE FIRE CHIEF’S ANNUAL
PERFORMANCE EVALUATION AND EMPLOYMENT CONTRACT
8. FUTURE AGENDA ITEMS This provides an opportunity for the Board to direct staff to include items on future agendas for further consideration and decision at a later date or to further study the matter.
Regularly scheduled meeting – September 15, 2020
9. CALL TO THE PUBLIC This is the final opportunity, on this agenda, for a member of the public to address the Governing Board. Please refer to agenda item four (4) for additional clarification and direction.
10. ADJOURNMENT
In-person attendance by members of the public will be prohibited due to the current COVID-19 social distancing restrictions. Members of the public can watch public meetings online or join the meeting via a teleconference (details on how to watch or listen are listed below) and, where appropriate, participate by the following electronic means: if a member would like to submit a comment or question, also known as a speaker card, please email the Board Services Manager at [email protected] no later than 30 minutes to prior to the start of the public meeting. If the sender wants it to be read at the meeting (which may or may not occur, in part or in its entirety, as appropriate under the circumstances), comments shall be limited to no more than 500 words or three minutes as read aloud. Such emails shall also identify the name and address of speaker, and whether the sender wants the email read during the Call to the Public section or a specific agenda item. To view the meeting online please visit our website at grfdaz.gov/grfd-agenda-minutes, there is an agenda posted, with background information linked to each agenda item. There is also a link to view the meeting online. If you would like to call and listen to the meeting via telephone please dial (Toll Free) 1.888.788.0099 - Webinar ID: 923 8783 3513
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________________________ Wally Vette, Clerk of the Board Golder Ranch Fire District If any disabled person needs any type of accommodation, please notify the Golder Ranch Fire District Administration at (520) 825-9001 prior to the scheduled meeting. A copy of the agenda background material provided to Board members (with the exception of material relating to possible executive sessions) is available for public inspection at the administration office, 3885 E Golder Ranch Drive, Tucson, Arizona 85739.
Posted By: Brooke Painter 8/11/2020 at 3:00 p.m.
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board
FROM: Brooke Painter, Board Services Manager DATE: August 18, 2020 SUBJECT: Fire Board Reports ITEM #: 3 REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND This item allows for the Fire Board Members to report to the public and/or staff any events, meetings, conferences, etc. they may have attended and/or points of interest that took place throughout the month.
RECOMMENDED MOTION No motion is necessary for this agenda item.
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Randy Karrer, Fire Chief DATE: August 18, 2020 SUBJECT: Call to the Public ITEM #: 4 REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND This is the time for the public to comment. Members of the Board may not discuss items that are not on the agenda. The Board is not permitted to discuss or take action on any item raised in the Call to the Public, which are not on the agenda due to restrictions of the Open Meeting Law; however, individual members of the Board are permitted to respond to criticism directed to them. Otherwise, the Board may direct staff to review the matter or that the matter be placed on a future agenda. ** Please see revised instructions to speakers at the bottom of the agenda. RECOMMENDED MOTION No motion is necessary for this agenda item.
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Brooke Painter, Board Services Manager DATE: August 18, 2020 SUBJECT: APPROVE MINUTES – JULY 21, 2020 REGULAR SESSION ITEM #: 5A REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND In compliance with A.R.S. §38-431.01, approval of:
A. APPROVE MINUTES – JULY 21, 2020 REGULAR SESSION
RECOMMENDED MOTION Motion to approve the August 18, 2020 Consent Agenda.
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GOLDER RANCH FIRE DISTRICT GOVERNING BOARD MEETING REGULAR SESSION MINUTES
July 21, 2020 9:00 a.m. 3885 East Golder Ranch Drive, Tucson, Arizona
1. CALL TO ORDER/ROLL CALL
Fire Board Vice-Chairperson Hudgins called the meeting to order on Tuesday, July 21, 2020 at 9:03 a.m. Members Present: Board Vice-Chair Richard Hudgins, Clerk Wally Vette (via Zoom),
Board Member Steve Brady, Board Member Albert Pesqueira Excused Absence: Board Chairperson Vicki Cox Golder Staff Present: Fire Chief Randy Karrer, Assistant Chief Patrick Abel, Assistant
Chief Brandhuber, Community Relations Manager Anne-Marie Braswell (via Zoom), Finance Manager Dave Christian, IT Manager Herman Rascon (via Zoom), Board Services Manager Brooke Painter, and Legal Counsel Donna Aversa (via Zoom)
2. SALUTE AND PLEDGE OF ALLEGIANCE
All in attendance recited the Pledge of Allegiance.
3. FIRE BOARD REPORTS There were no reports made by any of the Governing Board Members.
4. CALL TO THE PUBLIC
There were no public issues presented.
5. CONSENT AGENDA
A. APPROVE MINUTES – JUNE 9, 2020 REGULAR SESSION
B. APPROVE MINUTES – JUNE 9, 2020 EXECUTIVE SESSION
C. APPROVAL OF AMENDMENT NUMBER 13 TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN GOLDER RANCH FIRE DISTRICT AND NORTHWEST FIRE DISTRICT FOR DISPATCH SERVICES
D. APPROVAL OF RESOLUTION #2020-0007 DECLARING AUGUST 2020 DROWNING IMPACT AWARENESS MONTH AT THE GOLDER RANCH FIRE DISTRICT
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MOTION by Board Member Pesqueira to approve the July 21, 2020 Consent Agenda MOTION SECONDED Board Member Brady MOTION CARRIED 4/0
6. REPORTS AND CORRESPONDENCE
A. FIRE CHIEF'S REPORT – Chief Karrer presented the fire chief’s report to the Governing Board. He highlighted that we are anticipating some flooding this monsoon due to the scarred area from the Bighorn Fire. We are working closely with our auto aid partners and the Town of Oro Valley to prepare as best as possible. Mr. Vette asked about the cleanup in the Canyon del Oro (CDO) wash; Chief Karrer responded that it was done by Pima County. There were no further questions or comments from the Governing Board.
BOARD SERVICES REPORT – Board Services Manager Painter stated that her report was included in the board packet. She updated the Board that the incumbents, Mr. Hudgins and Mr. Vette, filed their petitions with the required number of signatures. She continued that Mr. Brady will be considered a write-in candidate. August 19th is the final day for write-in candidates, at which time if there are no other write-ins, the board of supervisors will appoint our three incumbents and cancel the election in November. She answered questions from Board Member Pesqueira about the requirement of filing paperwork for a write-in candidate. There were no further questions or comments from the Governing Board.
COMMUNITY RELATIONS REPORT – Community Relations Manager Braswell stated that her report was included in the board packet. There were no further questions or comments from the Governing Board.
INFORMATION TECHNOLOGY REPORT – IT Manager Rascon stated that his report was included in the board packet. There were no further questions or comments from the Governing Board.
LEADERSHIP TEAM REPORT – President Jones was not present.
B. EMERGENCY/LIFE SAFETY SERVICES ASSISTANT CHIEF'S REPORT – Chief Brandhuber presented the Emergency/Life Safety Services Assistant Chief’s report to the Governing Board. There were no further questions or comments from the Governing Board.
C. LOGISTICS AND SPECIAL PROJECTS ASSISTANT CHIEF'S REPORT – Chief Abel presented the Logistics and Special Projects Assistant Chief’s report to the Governing Board. There were no further questions or comments from the Governing Board.
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7. REGULAR BUSINESS
A. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN GOLDER RANCH FIRE DISTRICT AND NORTHWEST FIRE DISTRICT FOR SHARED SERVICES Chief Brandhuber explained that this agreement formalizes the current practices of sharing apparatus, equipment, fire and medical personnel, and facility space. He continued that the workers’ compensation and liability insurances have been addressed. Chief Brandhuber answered questions from Vice-Chair Hudgins about what types of specific services are included. MOTION by Clerk Vette to approve the intergovernmental agreement between Golder Ranch Fire District and Northwest Fire District for shared services as presented MOTION SECONDED by Board Member Brady MOTION CARRIED 4/0
B. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN GOLDER RANCH FIRE DISTRICT AND THE CITY OF TUCSON FIRE DEPARTMENT FOR BACKUP AMBULANCE TRANSPORTATION Chief Brandhuber explained that this is the same agreement that we currently have with Northwest Fire District. It allows for seamless ambulance services between agencies. He continued that this is an additional component to the automatic aid agreement between Golder Ranch Fire District, Northwest Fire District and Tucson Fire Department. MOTION by Board Member Pesqueira to adopt the intergovernmental backup ambulance transportation agreement between Golder Ranch Fire District and the City of Tucson Fire Department as presented MOTION SECONDED by Clerk Vette MOTION CARRIED 4/0
C. DISCUSSION AND POSSIBLE ACTION REGARDING THE GOLDER RANCH FIRE DISTRICT RECONCILIATION AND MONTHLY FINANCIAL REPORT
Finance Manager Christian presented the monthly financials and reconciliation for Golder Ranch Fire District to the Governing Board. Board Member Pesqueira asked about the high percentage collection rate on the ambulance billing. Chief Brandhuber explained that the changes that were made to the billing practices some time ago affected those percentage numbers. There were no further questions or comments from the Governing Board. MOTION by Clerk Vette to approve and accept the Golder Ranch Fire District reconciliation and monthly financial reports as presented MOTION SECONDED by Board Member Pesqueira MOTION CARRIED 4/0
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8. FUTURE AGENDA ITEMS This provides an opportunity for the Board to direct staff to include items on future agendas for further consideration and decision at a later date, or to further study the matter.
Regularly Scheduled Meeting – August 18, 2020
9. CALL TO THE PUBLIC Chief Karrer stated that he had heard from Chairperson Cox Golder; he reported that she is doing well.
10. ADJOURNMENT MOTION by Board Member Brady to adjourn the meeting at 9:30 a.m. MOTION SECONDED by Board Member Pesqueira MOTION CARRIED 4/0 _______________________ Wally Vette, Clerk of the Board Golder Ranch Fire District b/p
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Brooke Painter, Board Services Manager DATE: August 18, 2020 SUBJECT: APPROVE THE CANCELATION OF THE GENERAL ELECTION FOR THE
UNCONTESTED GOVERNING BOARD RACE FOR THE GOLDER RANCH FIRE DISTRICT, SCHEDULED FOR NOVEMBER 3, 2020
ITEM #: 5B REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND Per A.R.S. §16-410 if the number of persons who file nomination petitions, plus the number of persons who file write-in affidavits is less than or equal to the number of positions to be filled for a fire district election, the Board of Supervisors may cancel the election and appoint the person or persons to fill the term of office for which the candidate was nominated. By canceling the election the District will not incur the expense of conducting an election, a cost savings of approximately $65,000. Richard Hudgins and Wally Vette successfully filed nomination petitions and Steve Brady successfully filed the write-in affidavit. The final date for filing the write-in affidavit is August 19, 2020. We will receive final notification from the elections department on August 20, 2020 verifying that the election may be canceled. The Pima County Board of Supervisors will meet on September 1, 2020, and officially cancel the election and appoint the three incumbents to the board; as such, they will have the same power and duties as if they were elected. RECOMMENDED MOTION Agenda item is included in the August 18, 2020 Consent Agenda.
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Randy Karrer, Fire Chief DATE: August 18, 2020 SUBJECT: REPORTS AND CORRESPONDENCE ITEM #: 6A – 6C REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND
A. Fire Chief’s Report – Chief Karrer Updates on the following areas:
o Meetings/Trainings and Events Attended o Political & Public Safety Interactions o District Activities o Personnel o Commendations/Thank You Cards Received
Board Services Report – Manager Painter Community Relations Report – Manager Braswell Information Technology Report – Manager Rascon Leadership Team Report – President Jones
B. Operations Assistant Chief’s Report – Chief Brandhuber Updates on the following areas:
o EMS o Finance o Fire and Life Safety Services o Health And Safety o Honor Guard/Pipes And Drums o Human Resources o Operations o Special Operations o Training o Wildland
C. Logistics & Special Projects Assistant Chief’s Report – Chief Abel Updates on the following areas:
o Logistics o Special Projects
RECOMMENDED MOTION No motion is necessary for this agenda item.
Fire Chief – Randy Karrer July 2020
Meetings, Trainings & Events Attended for the Month
I conducted command weekly staff briefings and direct reports meetings. I conducted the Fire Chief’s status meeting with all of the managers and division heads. We conducted the monthly governing board meeting. I participated in multiple meetings concerning the potential of flooding from the Bighorn Fire. These included meetings with the Type 1 team, Pima County Office of Emergency Management, and multiple regional public safety agencies. I was an integral part of getting the Pima County Office of Emergency Management to set a video meeting with regional partners and agencies in preparation for the upcoming monsoon season. I attended multiple meetings with local and state partners regarding the increase of COVID-19 cases and its effect on providers, the public, and hospitals. I attended a Zoom meeting with the Arizona Mutual Aid Committee and later attended the state mutual aid meeting along with Chief Abel regarding Cochise County. The communications problems we were working to fix at the first meeting were resolved. I attended and served as a board member on the Securis Workers’ Compensation Pool board Zoom meeting. I attended the Oro Valley Council meeting via Zoom. Manager Braswell virtually accepted the Drowning Prevention Proclamation. I attended the Oro Valley Executive Leadership video meeting. I provided updates on flooding that had occurred in the Oro Valley area. I attended the State Training Committee board meeting via Zoom. The annual State Fire School was canceled due to the COVID-19 pandemic. It was a very difficult decision but one that the Board felt was necessary to limit potential exposure.
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Chiefs Abel, Brandhuber and I attended the Pima County Fire Chiefs Association meeting via Zoom. Chuck Huckleberry provided a synopsis on the COVID-19 testing processes and projected impact the virus will have on the economy, as well as the impact on property values within the County. Chief Brandhuber and I attended an Arizona Ambulance Association (AzAA) bylaws committee meeting. Chief Brandhuber will be running for president of the association. I think his EMS transport experience is well suited for leading the organization.
Political & Public Safety Interactions & Updates Attached is the Arizona Fire Districts Association (AFDA) legislative update. Included is the regular memo addressing COVID-19 protection steps and a link to the video I did concerning the increase of COVID-19 cases: COVID-19 Update: Fire Chief Randy Karrer We have seen COVID-19 numbers decline in Pima County and in and around the rest of Arizona. According to the latest numbers, more testing has become available in Pima County and we have seen a steady decrease in critical patients. Hopefully that trend will continue. The Bighorn fire was fully contained. The concern was potential flooding from the fire area. We worked with our partners in Oro Valley to ensure we were prepared for the impending rain. Early in the morning of July 16th, we saw significant water flow in many washes and drainages from monsoon rains in the Catalina Mountains. The water was very black and dirty. Many crossings were closed by law enforcement in Pinal and Pima Counties. We were also busy that morning with our auto aid partners in storm-related incidents and rescues within the City of Tucson. There were no issues within Golder Ranch Fire District (GRFD) boundaries. We were prepared and staffed for the days following that rainfall in case of more heavy rain. We have seen great coordination so far with the Town of Oro Valley, Northwest Fire District (NWFD), and Pima and Pinal Counties, and we will continue to work hand and glove with these community partners to prepare for the possibility of flooding. Click on this link for a video of recent flooding and debris movement https://www.kold.com/2020/07/16/tfp-warning-public-bighorn-runoffs-during-monsoon/ GRFD responded with Oro Valley Police Department (OVPD) to a reported bee swarm at a residence. Four officers from OVPD arrived on scene first and found three patients, one of whom was in cardiac arrest floating face down in a pool. OVPD officers rapidly removed the elderly male patient from the pool, immediately began CPR, and continued until the arrival of
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GRFD personnel. This patient had been stung hundreds of times in the face, neck, torso and arms. Unfortunately, the patient did not survive the transport, despite our best efforts. The others were stable. Although this was a very tragic situation, our solid and collaborative relationship with OVPD continued to provide the best possible service to the residents of our community.
District Activities for the Month
Our new workers’ compensation pool, Securis Insurance Pool, went into effect July 1, 2020. The Human Resources (HR) team and Chief Grissom did an excellent job ensuring the switch from our previous carrier, Copper Point, to Securis Insurance Pool proceeded as seamlessly as possible. We added staff to our suppression units on July 4th to prepare for any potential incidents caused by public use of fireworks. I did a walk through, along with other command staff, to check the progress on the remodel at station 375. Excellent progress had been made with an on-time completion projection still in place. Chiefs Abel and Hilderbrand have done a great job managing this project. The station 374 project began to develop as well. We started the process of putting together a proposal to select a firm to design and construct the addition. We also worked on the station 378 project and have developed a basic outline of the proposed station on the lot outside of the SaddleBrooke Ranch community. We ran into some setbacks with the community developer, Robson, but we hope to be moving full speed ahead in the coming months. We continued to see stabilization of COVID-19 cases throughout the state and Tucson area. We have had three positive cases in GRFD, which likely originated from community spread. Overall, 48 members of personnel have been tested and we will continue to test as necessary. Our new tactical water tender has been under construction for the past nine months at Truck Works in Phoenix. It is nearing completion and will hopefully be delivered the first week of August. I authorized the construction of our latest 4 X 4 ambulance, as was approved by the Governing Board in the annual budget.
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Chiefs Abel, Hilderbrand and I met with Fleet Manager Barraza to discuss a long-term purchasing agreement with ambulance manufacturer, Medix, for ambulance purchases through the Houston-Galveston Area Council (H-GAC) Procurement contract. This will not only standardize the product, but will also reduce the cost of construction and maintenance. GPS tracking devices called “Geo Tabs” were installed on all GRFD vehicles. This instantaneously monitors and tracks location, excessive speed, hard braking, engine temperature, etc. Although we can monitor much of the information through computer-aided dispatch (CAD), this provides immediate information for correction. Chiefs Brandhuber, Hurguy, Robb, and I discussed changes to our Annual National Fire Protection Association (NPFA) 1582 physical program. We have been evaluating vendors and final products. Logistics and Training staff provided a tour of the old GRFD Fleet facility at Ave del Oro and Pinto Lane in Catalina. It was recently transformed by Training staff to simulate a residential structure for the captain’s testing process. With relatively little cost and innovative concepts, they were able to provide state-of-the-art training. We considered selling the property as we had some interest expressed by a potential buyer. However, after consideration of the recent transformation, we all agreed that the building was more valuable to our Training and Logistics staff and we would retain it. We will clean up the property and do some basic soil testing to ensure the safety of our personnel in the future. The investigation into the vehicle accident involving Engine 377 continued. Although we are still awaiting the final accident report from the Pima County Sheriff’s Office, our insurance company has been in contact with the involved party. We began facilitating repair on Engine 377. We purchased GRFD logoed masks for all personnel to wear in non-emergency or public situations. They will be distributed to employees and board members. Please follow this link to view the memo: Regular Memo 20-043 GRFD Logo Masks We added a new training component to our EMS continuing education through a partnership with the University of Arizona’s College of Medicine. Please see the attached regular memo.
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Personnel Updates Chief Robb formally presented the Board of Inquiry report to Chief Karrer regarding a firefighter injury that occurred this past spring. Multiple procedural adjustments were identified. The report will be published for public review in the coming weeks. I escorted our newest volunteer, Chief Scott Miller, around a few of our stations. He retired from the City of Casa Grande this past June as Fire Chief. To be very clear, Chief Miller has no desire to be compensated nor be considered for any paid chief officer position at GRFD. He merely wishes to serve the community in which he lives and serve the fire service in his upcoming role as president with the Western Fire Chiefs. He will serve in an administrative capacity with the title of Chief of Special Projects working directly with me on specialized initiatives for the District. We began the orientation process. Click on this link to view the announcement Regular Memo 20-040 Chief Scott Miller. I worked to catch up on direct report annual evaluations. Due to unforeseen circumstances, I was not able to complete them in the timely manner as has previously been done. All District personnel have been working hard, achieving great things, and continue to be ready for new challenges.
Commendations and Thank You Letters Received for the Month
• Thank you certificates from the Southwest Type 1 Incident Management Team #2 from the Bighorn Fire. It was an honor to work with a group with such professionalism.
• Thank you card for the most recent crews who have worked in SaddleBrooke: Captain Peter Kintner, Engineer Ignacio Gamez, Engineer Keith Burgle, Fire
Medic Ryan Sather, Firefighter Stefani Valenzuela. Captain Adam Lundeberg, Engineer Thomas Logan, Fire Medic James Cissell,
Probationary Firefighter Eric House, Firefighter John Miller, Fire Medic Candace Foster, Firefighter Camden Garcia.
Captain Antonio Benjamin, Engineer David Burriss, Fire Medic Chad Manuel, Firefighter Joseph Brown, Firefighter Jolyn Jameson.
Captain Andrew Hatfield, Engineer Joshua Wood, Fire Medic Ryan Sather, Probationary Firefighter Cory Wellman, Fire Medic Rajiv Morales-German, Firefighter Kevin Weber.
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Captain Nathan Mitchell, Engineer Andrew Baumann, Fire Medic George Boyd, Firefighter Mike Muirhead.
Engineer Matthew Gary, Engineer Francis Gerl, Paramedic Trevor Carlson, Probationary Firefighter Paxton Moran, Fire Medic Randy Scholey, Firefighter Ruben Figueroa.
• Thank you card for Firefighter Darrell Newburn and Firefighter Garrett Alexander.
• Thank you card for Engine 373: Captain Andrew Hatfield, Captain Adam Lundeberg,
Engineer Andrew Baumann, Fire Medic Walter Schmidt, Probationary Firefighter Cory Wellman, PM 370: Fire Medic Patrick Roemer, Firefighter Jake Bishop, and Engine 370: Captain Matt Peru, Engineer Sean Sicurello, Fire Medic David Deadman, and Probationary Firefighter Molly Kolt.
• Thank you letter for Battalion Chief Mike Price, Fire Medic Adin De Masi, Firefighter
David Selby, Captain Brandon Daily, Engineer Keith Burgle, Fire Medic Daniel Huber, Probationary Firefighter Daniel Brandon, Captain Rene Sanchez, Fire Medic Anthony Chavez, Firefighter Dominic Rhodes, Firefighter Jacob McAdams, Paramedic Michael Crain, Special Ops, Captain Matt Peru, Firefighter Shawn Foster and Firefighter Aaron Karrer.
• Thank you letter for Fire Medic Ryan Hoffman, Inspector Brenda Druke, Paramedic
Trevor Carlson, Engineer Matt Gary, Firefighter Ruben Figueroa, Engineer Gary Schobel, Fire Medic Jason Johns, Engineer Francis Gerl, Engineer Thomas Logan, Captain Mike Seegmiller, Firefighter Aniela Marquez, Captain Jeremy North, Fire Medic Justin Flynn, Firefighter Jimmy Labas, Engineer Chad Buda, Firefighter Thomas Mathews, Fire Medic Ryan Sather, Engineer Keith Burgle and Fire Medic Randy Scholey. The author also included a $1000 donation to GRFD.
• Thank you note for Fire Medic Walter Schmidt, Firefighter Austin Scarlett, Paramedic
Trevor Carlson, Engineer Matt Gary, Engineer Rudy Santacruz and Probationary Firefighter Paxton Moran.
• Thank you cards to GRFD for assisting with the Bighorn fire.
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Hernandez, MaggieFrom: John Flynn <[email protected]>Sent: Monday, July 27, 2020 6:08 AMTo: AFDA AdminSubject: AFDA Weekly Legislative & Political Report - 7/27/20Attachments: Sinema Cornyn Intro_Special Districts Provide Essential Services Act.pdf; 2020 Arizona Candidates Updated 5-8-20.pdf
Importance: High
Last Thursday S. 4308 – the Special Districts Provide Essential Services Act (Sinema‐Cornyn) was introduced and is anticipated to accompany the next COVID‐19 relief bill which is slated for introduction today in the Senate. The Senate’s COVID‐19 relief appropriation is anticipated to be around $1 trillion, which is intended to be a negotiation marker for the GOP as the relief measure works its’ way through the Senate. The initial plan from the Senate GOP includes unemployment benefits, back to work tax credits, K‐12 funding and liability protections. Anticipate state and local government relief will be added in as negotiations proceed. S. 4308, if enacted, would provide funding for Arizona’s fire districts in a yet TBD amount (appropriation bill dependent). A draft of the S. 4308 is attached.
Only 9 days remain before the August 4th Primary Election. Early voting and mail balloting began July 8th. As of last Thursday, 607,921 ballots have been returned out of 2,305,027 ballots requested (note: 80% of Arizona voters vote by mail). An August 4 Primary Election Guide for Arizona’s 30 legislative districts is attached (provided courtesy of the Clarus Companies).
54th Arizona Legislature – 2nd Regular Session: Fire Service Legislative Bill Monitoring The legislature adjourned sine die on May 26th, 2020. The general effective date for legislation passed during the session is August 25, 2020. Fire service priority bills and or select fire service bills of interest which were awaiting action at adjournment are listed below. S1160: FIREFIGHTERS; CANCERS; PRESUMPTION; WORKERS' COMPENSATION (Sen. Carter R‐15, Phoenix) DEAD.
S1307: FIRE DISTRICTS; AMENDMENTS (Sen. Borrelli R‐5, Lake Havasu) DEAD.
S1398: TAX OMNIBUS (Sen. Mesnard R‐17, Chandler) DEAD.
H2313: FIRE SPRINKLERS; EXISTING BUILDINGS; PROHIBITION (Rep. Grantham R‐12, Gilbert) DEAD.
H2440: DEATH BENEFIT; TRANSITIONAL HOUSING BENEFIT (Rep. Finchem, R‐11, Tucson) DEAD.
H2631: PSPRS; LOCAL BOARDS; DUTIES; CONSOLIDATION (Rep. Blackman, R‐ 6, Payson) DEAD.
Legislative & Political Calendar
August 4th – Primary Election (9 days)
October 7th – Mail ballots go out for Nov. 3 General Election
November 3rd – General Election (99 days)
Upcoming at AFDA August – no AFDA Board meeting in August
September 3, 2020 – AFDA Board Meeting – Thursday, September 3, 2020 at 10:00 a.m. NOTE: ZOOM
TELECONFERENCE ONLY (on site meetings cancelled until further notice)
Page | 1 Updated May 8, 2020
** INDICATES INCUMBENT WHO CURRENTLY HOLDS THE ELECTED OFFICE ±INDICATES A CHALLENGE TO THE CANDIDATE’S SIGNATURES OR PETITIONS
VOTER REGISTRATION NUMBERS ROUNDED TO NEAREST PERCENTAGE; DATA FROM ARIZONA SECRETARY OF STATE, UPDATED FEBRUARY 18, 2020
Legislative
District
Arizona Senate Arizona House of Representatives
District 1
Karen Fann** – R
Selena Bliss – R Judy Burges – R Ed Cocchiola – R Quang Nguyen – R Steven Sensmeier – R Judy Stahl – D
Republican 51% Democratic 19% Other 30%
District 2
Rosanna Gabaldón – D (currently serving in the House) Mark Workman – R
Andrea Dalessandro – D (currently serving in the Senate) Daniel Hernandez** – D Deborah McEwen – R Luis Parra – D William “Billy” Peard – D
Democratic 43% Other 33% Republican 24%
District 3
Sally Ann Gonzales** – D
Andres Cano** – D Alma Hernandez** – D
Javier Soto – D ±
Democratic 52% Other 31% Republican 17%
District 4
Travis Angry – R Lisa Otondo** – D
Charlene Fernandez** – D Joel John – R Geraldine “Gerae” Peten** – D
Democratic 40% Other 37% Republican 23%
Page | 2 Updated May 8, 2020
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VOTER REGISTRATION NUMBERS ROUNDED TO NEAREST PERCENTAGE; DATA FROM ARIZONA SECRETARY OF STATE, UPDATED FEBRUARY 18, 2020
Legislative
District
Arizona Senate Arizona House of Representatives
District 5
Sonny Borelli** – R Leo Biasiucci** – R Regina Cobb** – R
Republican 49% Other 34% Democratic 17%
District 6
Sylvia Tenney Allen** – R Felicia French – D Wendy Rogers – R
Art Babbott – Independent Brenda Barton – R Walter “Walt” Blackman** – R Coral Evans – D
Republican 38% Other 31% Democratic 30%
District 7
Jamescita Peshlakai** – D
Jim Parks – R David Peelman – R Arlando Teller** – D Myron Tsosie** – D
Democratic 51% Other 27% Republican 21%
District 8
T.J. Shope – R (currently serving in the House) Barbara McGuire – D
Neal Carter – R David Cook** – R
Sharon Girard – D Frank Pratt – R (currently serving in the Senate)
Other 36% Republican 34% Democratic 31%
District 9
Victoria Steele** – D Randall “Randy” Friese** – D Pamela Powers Hannley** – D Brendon Lyons – R
Democratic 42% Republican 29% Other 29%
Page | 3 Updated May 8, 2020
** INDICATES INCUMBENT WHO CURRENTLY HOLDS THE ELECTED OFFICE ±INDICATES A CHALLENGE TO THE CANDIDATE’S SIGNATURES OR PETITIONS
VOTER REGISTRATION NUMBERS ROUNDED TO NEAREST PERCENTAGE; DATA FROM ARIZONA SECRETARY OF STATE, UPDATED FEBRUARY 18, 2020
Legislative
District
Arizona Senate Arizona House of Representatives
District 10
Kirsten Engel – D (currently serving in the House) Justine Wadsack – R
Domingo DeGrazia** – D Mabelle Gummere – R Stephanie Stahl Hamilton – D Michael Hicks – R Paul Stapleton-Smith – D
Democratic 41% Republican 30% Other 29%
District 11 Vinden “Vince” Leach** – R JoAnna Mendoza – D Linda Patterson – D
Mark Finchem** – R Felipe R. Perez – D Bret Roberts** – R
Republican 39% Other 32% Democratic 29%
District 12
Warren Petersen – R (currently serving in the House) Lynsey Robinson – D
Mark Boesen – R Travis Grantham** – R Jake Hoffman – R
Republican 46% Other 32% Democratic 23%
District 13
Sine Kerr** – R
Timothy Dunn** – R Steve Montenegro – R Joanne Osborne** – R Mariana Sandoval – D
Republican 42% Other 34% Democratic 25%
Page | 4 Updated May 8, 2020
** INDICATES INCUMBENT WHO CURRENTLY HOLDS THE ELECTED OFFICE ±INDICATES A CHALLENGE TO THE CANDIDATE’S SIGNATURES OR PETITIONS
VOTER REGISTRATION NUMBERS ROUNDED TO NEAREST PERCENTAGE; DATA FROM ARIZONA SECRETARY OF STATE, UPDATED FEBRUARY 18, 2020
Legislative
District
Arizona Senate Arizona House of Representatives
District 14
David Gowan** – R Bob Karp – D
Kimberly “Kim” Beach-Moschetti – D Gail Griffin** – R Ronnie Maestas-Condos – D
Becky Nutt** – R
Republican 42% Other 32% Democratic 26%
District 15
Nancy Barto – R (currently serving in the House) Heather Carter** – R
Kristin Dybvig-Pawelko – D Jarret Hamstreet – R Steve Kaiser – R Justin Wilmeth – R
Republican 42% Other 33% Democratic 25%
District 16
Kelly Townsend – R (currently serving in the House)
John Fillmore** – R Lisa Godzich – R Forest J. Moriarty – R Jacqueline Parker – R
Republican 42% Other 35% Democratic 22%
District 17
J.D. Mesnard** – R Allan “A.J.” Kurdoglu – D
Liz Harris – R Jennifer Pawlik** – D Jeff Weninger** – R
Republican 37% Other 34% Democratic 29%
District 18
Sean Bowie** – D
Suzanne Sharer – R
Denise “Mitzi” Epstein** – D Jennifer Jermaine** – D Bob Robson – R
Democratic 35% Republican 33% Other 33%
Page | 5 Updated May 8, 2020
** INDICATES INCUMBENT WHO CURRENTLY HOLDS THE ELECTED OFFICE ±INDICATES A CHALLENGE TO THE CANDIDATE’S SIGNATURES OR PETITIONS
VOTER REGISTRATION NUMBERS ROUNDED TO NEAREST PERCENTAGE; DATA FROM ARIZONA SECRETARY OF STATE, UPDATED FEBRUARY 18, 2020
Legislative
District
Arizona Senate Arizona House of Representatives
District 19
Lupe Chavira Contreras** – D
Jose Diego Espinoza** – D Arturo Ramirez – D ± Lorenzo Sierra** – D Leezah Sun – D
Democratic 45% Other 39% Republican 17%
District 20
Paul Boyer** – R
Douglas Ervin – D
Shawnna Bolick** – R ±
Anthony Kern** – R Judy Schwiebert – D
Other 35% Republican 34% Democratic 30%
District 21
Rick Gray** – R Brian Whitman – D
Kathy Knecht – D Randy Miller – R Kevin Payne** – R Beverly Pingerelli – R
Republican 38% Other 34% Democratic 29%
District 22
Van DiCarlo – R David Livingston** – R Hop Nguyen – R Sarah Tyree – D
Frank Carroll** – R Wendy Garcia – D Mary “Kathleen” Honne – D Ben Toma** – R
Republican 47% Other 30% Democratic 23%
Page | 6 Updated May 8, 2020
** INDICATES INCUMBENT WHO CURRENTLY HOLDS THE ELECTED OFFICE ±INDICATES A CHALLENGE TO THE CANDIDATE’S SIGNATURES OR PETITIONS
VOTER REGISTRATION NUMBERS ROUNDED TO NEAREST PERCENTAGE; DATA FROM ARIZONA SECRETARY OF STATE, UPDATED FEBRUARY 18, 2020
Legislative
District
Arizona Senate
Arizona House of Representatives
District 23
Seth Blattman – D Alexander Kolodin – R Michelle Ugenti-Rita** – R
Joseph Chaplik – R John Kavanagh** – R
Eric Kurland – D Jay Lawrence** – R
Republican 44% Other 31% Democratic 24%
District 24 Lela Alston** – D Ryan Starzyk – D
Jennifer Longdon** – D Amish Shah** – D
Democratic 45% Other 34% Republican 21%
District 25
Tyler Pace** – R Paul Weigel – D
Russell W. Bowers** – R
Suzanne Hug – D Kathy Pearce – R Michelle Udall** – R
Republican 44% Other 32% Democratic 24%
District 26
Jae Chin – R Jana Lynn Granillo – D Juan Mendez** – D
Melody Hernandez – D Bill Loughrige – R Patrick Morales – D Debbie Nez-Manuel – D Athena Salman** – D Seth “Marcus” Sifuentes – R
Democratic 39% Other 39% Republican 22%
Page | 7 Updated May 8, 2020
** INDICATES INCUMBENT WHO CURRENTLY HOLDS THE ELECTED OFFICE ±INDICATES A CHALLENGE TO THE CANDIDATE’S SIGNATURES OR PETITIONS
VOTER REGISTRATION NUMBERS ROUNDED TO NEAREST PERCENTAGE; DATA FROM ARIZONA SECRETARY OF STATE, UPDATED FEBRUARY 18, 2020
Legislative
District
Arizona Senate Arizona House of Representatives
District 27
Rebecca Rios** – D Garland Shreves – R
Reginald Bolding** – D Catherine Miranda – D Tatiana Peña – R Diego Rodriguez** – D
Democratic 50% Other 36% Republican 14%
District 28
Kate Brophy McGee** – R Christine Porter Marsh – D
Kenneth R “Ken” Bowers, Jr. – R Kelli Butler** – D Jana Jackson – R Aaron Lieberman** – D
Republican 36% Democratic 33% Other 31%
District 29
Martín J. Quezada** – D John Wilson – R
Richard Andrade** – D Billy Bragg – R Teddy Castro – D Cesar Chavez** – D Helen Fokszanskyj-Conti – R Alysia “Ariesuptop” McMillan – R
Democratic 44% Other 39% Republican 17%
District 30
Otoniel “Tony” Navarrette** – D Robert Meza** – D
Raquel Terán** – D
Democratic 42% Other 39% Republican 19%
Golder Ranch Fire District
Regular Memo 20-037
Date: June 30, 2020 To: All GRFD Personnel From: Randy Karrer, Fire Chief Subject: COVID-19 Updates
We continue to see the increase in COVID-19 positive results throughout the region and expect
it to continue. Even as the number of positive results for COVID-19 has increased, the death rate
has decreased. The largest group increase of COVID-19 positive patients is the age group of 19-
45. Anecdotally this is being attributed to the lack of social distancing and mask wear by this age
group. This has become even more real as we see our own personnel affected and testing
positive.
I want to review the steps we are taking and to reassure everyone that our commitment is to
your safety and that of our residents. The process we have in place is based on the CDC’s
recommendations, state guidelines, our occupational healthcare provider’s recommendations,
and best practices throughout our region, which are being utilized by other agencies. That being
said, the COVID-19 response and understanding of the virus are dynamic and can, and will
change, as new information becomes available. So it is critically important that you stay informed.
The cases that have affected our personnel have all been attributed to community exposure and
not to providing patient care or contact with other employees. With the proper use and wearing
of the appropriate PPE, we have placed many structural protections in place for our employees
and have more control of variables in a work setting than outside of work. The chances of being
infected by the COVID-19 virus are much less at work than while off duty. As such, I strongly
encourage you to follow proper social distancing and mask wearing outside of work.
What the District has in place:
Contact is defined by the CDC as: an individual who has close contact, within 6 feet for
more than 15 minutes, of a person with symptoms of COVID-19 or testing positive for
COVID-19.
Golder Ranch Fire District
Regular Memo 20-037
A COVID-19 Exposure is defined as: any interaction with a person with symptoms of
COVID-19 or testing positive for COVID-19 without proper PPE.
Should a member of our District meet the definition a contact without proper use of PPE
or an exposure, Polymerase Chain Reaction (PCR) testing will be conducted at Evolve.
o Testing shall be no sooner than 48 hours from the contact or exposure unless the
employee is symptomatic.
o Testing is not recommended if a contact occurs with the proper use of PPE.
o Specific parameters on return to work and/or quarantine is determined with
careful consultation between our occupational health care provider and DCs’
Grissom and Cesarek
o Please note that each case is specifically looked at and due to HIPAA restrictions,
not all personal medical information is shared by the District with other
personnel.
o Work place zone(s) cleaning is determined on case by case situation with
consultation with current CDC guidelines and our occupational health care
provider.
Updated PPE requirements for both internal and external customers.
District facilities are closed to the public without a prescheduled appointment.
The dispatcher screens the caller for possible COVID-19 exposure by using the COVID-19
dispatch screening tool approved by Medical Direction and AZDHS for public assist
requests.
o Does the patient has a fever/chills AND cough/shortness of breath. If the answer
to BOTH is yes, they will add the comment:
****HIGH-RISK COVID-19****
o If the answer to BOTH is no, or they only have one of the symptoms above, they
will relay the information to the responders as critical information. In addition,
they will ask if anyone in the household has fever/chills and cough/shortness of
breath. If the answer is yes, the dispatcher will add the comment:
****HOUSEHOLD HIGH-RISK SYMPTOMS****
o We are working with City Communications to add another layer by asking the
calling party to wear a mask when interacting with the responding crew.
Golder Ranch Fire District
Regular Memo 20-037
All receiving facilities are reporting test findings to Chief Cesarek
o Oro Valley Hospital receives a daily report of transports to their hospital from
Chief Cesarek for follow up regarding test results.
o The NWMC pre-hospital manager provides follow-up on a daily basis.
o Follow-up includes cases where GRFD was part of a joint agency response (i.e.
Northwest Fire or AMR).
Chief Cesarek completes a review of the positive cases to ensure PPE meets the
recommendations for the interventions provided.
Determination is made if an exposure occurred or if the case was a contact as defined
by the CDC.
Communication is sent to the responding crew from the case, making them aware of the
test results.
All of our care and COVID-19 procedures are vetted through Dr. Keller and our occupational
healthcare provider.
What the District is doing with our external partners:
We are continuing to work with all receiving facilities to ensure that timely notifications
are made when patients that we have transported test positive for COVID-19.
What we are doing from a regional perspective:
Chief Brandhuber is the chair of a working subgroup, tasked by the Pima County Fire
Chiefs, to ensure that we are utilizing best practices and to identify issues of concern in
regards to COVID-19 throughout Pima County.
Members of this workgroup include medical directors, hospitals managers, hospital
administrators, communication center managers, and multiple fire department
representatives and private ambulance providers’ representation.
Items are discussed on best practices for personnel safety and testing procedures after
exposures. Hospital rotation plans for surge times. Consistent and timely notifications to
agency representatives if a patient that was transported is COVID-19 positive. Trends
that ERs are seeing in the patients and presentations.
Golder Ranch Fire District
Regular Memo 20-037
What the District needs from you:
Trust that the District is committed to your safety.
Stay informed by vetted sources.
Read and follow communications/policies/guidelines that are distributed.
Utilize personal protective equipment, as well as appropriate social distancing.
Continue to complete Target Solutions COVID-19 employee monitoring assignment and
the Golder Ranch Fire District Suppression Monitoring Form.
Suppression personnel to document appropriately on their EPCR so that when
necessary, patient interactions can be reviewed to ensure the proper use of PPE was
utilized.
Practice smart protective measures for you and your family when off duty.
In summary, these are very different and challenging times; however, please know that we have
a robust system that continues to monitor new and changing guidelines. In addition to
Polymerase Chain Reaction (PCR) testing and collaboration with our occupational healthcare
provider on return to work timeframes, we have even taken the extra steps of having stations
commercially cleaned, which supersedes any current guidance or local practices. We will
continue to take all steps necessary to protect our personnel. If you have questions or concerns,
please utilize your chain of command. I am in continuous communication with President Jones.
Our number one goal is safety, so help us keep you safe by following the protocols and guidance
provided. By working together, we will all get through these challenging times. Thank you for
your service and support to the GRFD Team!
One Team one Mission!
1
Hernandez, MaggieFrom: Karrer, RandySent: Tuesday, July 28, 2020 9:35 AMTo: Karrer, RandySubject: Engine 377 involved in an accident
Good morning Fire Board, Last Thursday morning in the midst of in climate weather, Engine 377 was involved in an vehicle accident at the intersection of Flowing Wells and Wetmore while responding to an automatic aid response. There were no injuries, however substantial damage was done to the vehicle involved and to Engine 377. The Engineer/Driver of Engine 377 was cited for failure to avoid an accident. We are conducting a complete and thorough investigation and this has been turned over to our insurance company. I will keep you informed of any further information. Please contact me directly with any questions you may have.
Randy Karrer, Fire Chief Golder Ranch Fire District 3885 East Golder Ranch Drive Tucson, Arizona 85739 (520) 825-9001 office ext. 2001 (520) 334-0658 cell www.grfdaz.gov
“Proudly serving the communities of Oro Valley, Marana, Catalina and Saddlebrooke”
Community first!
Golder Ranch Fire District
Regular Memo 20-042
Date: July 28, 2020 To: All GRFD Suppression Personnel From: EMS Division Subject: EMS Continuing Education with the University of Arizona College of Medicine
The EMS Division is pleased to announce that we are establishing a training agreement with the University of Arizona College of Medicine to provide additional monthly EMS continuing education. We remain under Oro Valley Hospital and Dr. Cary Keller for our base hospital and medical direction. Oro Valley Hospital is a critical partner for our organization, and we appreciate the relationship we have with both Oro Valley Hospital and Dr. Keller. These additional educational opportunities with the College of Medicine gives us the best of both worlds; regional best-practice education, while maintaining our strong partnerships with our base hospital, Oro Valley Hospital and our Medical Director Doctor Cary Keller. This additional continuing education program will provide us with a 24-month training cycle for all EMCT providers, EMT or CEP, to meet the recertification requirements for both ADHS and National Registry. We will initiate the program in August 2020. The majority of the training delivery will be completed on duty through video sessions and in-person with a member of the EMS division. The requirements for base hospital training, including airway and trauma labs, will remain, but schedules will be subject to change. The addition of this training, coupled with our base hospital training, will remove the need for refresher programs outside of the District, as all of the training you need to recertify will be provided through the District. As always, feel free to reach out through your chain of command if you have any questions while we navigate this new program together.
With sincere gratitude for
your support and service on
the Bighorn Wildfire
Tucson, Arizona
June 2020
John Pierson, Incident Commander
Chief Randy Karrer
With sincere gratitude for
your support and service on
the Bighorn Wildfire
Tucson, Arizona
June 2020
John Pierson, Incident Commander
Golder Ranch Fire District
Board Services Manager – Brooke Painter July 2020
Meetings, Trainings & Events Attended for the Month
Manager Painter attended the weekly direct reports staff meetings with Chief Karrer and his
direct reports, as well as, the Fire Chief’s status meeting with all of the managers.
Manager Painter, Administrative (Admin) Assistant Hernandez, Administrative (Admin)
Specialist Ramos and Records Specialist (RS) Ortiz attended the weekly Board Services
meetings. Admin Specialist Ramos also attended Facilities and Operative IQ (OPIQ) staff
meetings as she assists Logistics as well.
Manager Painter attended the Arizona Municipal Clerks Associations Board meeting via
teleconference.
Admin Assistant Hernandez, Admin Specialist Ramos and RS Ortiz, along with HR staff,
participated in training for digital fingerprinting. The north administration office will serve as
a location where the public can make an appointment to get their fingerprints digitally
processed, as well as new hires within GRFD.
RS Ortiz is working towards obtaining her Masters Municipal Clerk Certification. There are
several ways to obtain points for this certification. One way to do this is through Athenian
Dialogues. On July 22nd and July 23rd RS Ortiz attended an online Athenian Dialogue via
Zoom for the book, Option B. The author, Sheryl Sandberg, the Chief Operating Officer (COO)
of Facebook, discussed ways to address situations and life, in general, when your initial plan
‘Option A’ does not work out and how to work with ‘Option B.’
Page 2
Manager Painter attended a presentation on Eye Detect with other chiefs and managers across
the District. This was to evaluate the system, ask questions, and make recommendations on
how to proceed.
Manager Painter met with Chief Hilderbrand, Deputy Fire Marshal Akins and Facilities
Maintenance Specialist Butler to discuss ideas on securing the front lobby areas in both the
north and south administration buildings. After collaborating, the group came up with
recommendations to pass up the chain of command.
RS Ortiz and Manager Painter attended an online elections webinar. The topics included
election legislation, case law updates, statewide ballots, political signs, state elections
procedures manual, and processing campaign finance complaints. This class enabled them to
maintain her Arizona Municipal Clerks’ Association (AMCA) Elections Certification.
RS Ortiz has been completing Excel courses in Target Solutions. To date, she has completed
Excel: Power Functions, Excel: Introduction to PowerPivot, Excel: Creating Dashboards, and
Excel for Project Management.
Records
RS Ortiz responded to 16 records requests for the month of July.
The breakdown is as follows:
Environmental Reports 2
Outstanding Code Violations ‐
Fire Reports 2
Incident Reports 1
Medical Records 11
Billing Records ‐
Other ‐
Page 3
RS Ortiz worked with Division Chief Hurguy and Applications Specialist Epperson to
work out bugs in Fire RMS for GRFD’s National Fire Incident Reporting System (NFIRS)
data submission. The final 2019 NFIRS report was submitted.
RS Ortiz continued to assist in posting and distributing Regular Memos for chiefs,
conducting document searches, and sending out copies of thank you notes/cards to the
recipients and their supervisors.
Administrative Assistants’ Activities
Administrative Specialist Ramos continued with her daily duties by providing clerical
assistance to Board Services, IT and Facilities, and wherever else she was needed.
She assisted Chief Abel with a special project concerning the old Fleet building.
Admin Specialist Ramos has continued to do research and place orders for station kitchen
supplies such as, cookware and other kitchen items. She placed an order for a TV at station
374 as well as other supplies for other stations as requests come in through OPIQ. We are
now fully functional in OPIQ and met our goal of completely transitioning out of Manager
Plus.
She is involved with the station 375 remodel and the furniture replacement project for
stations 370, 373 and 377. She is coordinating with the architect, designer and vendor
regarding furnishing the captain and firefighter offices at station 375. She is working with
the vendor on furniture replacement for chairs at stations 370 and 377 for the bunk rooms,
dining rooms and firefighter offices. Admin Specialist Ramos is also working with a
vendor to order replacement recliners for station 373 which is part of the furniture
replacement project for 2020/2021 fiscal budget.
She is overseeing the window tinting project at Admin North and Fleet. The project should
be completed early August.
Admin Specialist Ramos began to facilitate the circulation of birthday cards on a monthly
basis. The cards will recognize the birthdays of administration staff individually and will
be presented along with a cake or cupcakes once a month for whose ever birthday falls in
Page 4
that month. This was put into place to recognize birthdays while still following COVID‐19
precautions.
Administrative Assistant Hernandez continued to answer the phone, collect and distribute
packages, and assist wherever needed. The volume of calls decreased significantly
surrounding the Bighorn Fire since it was 100% contained before the end of July. Flooding
was a concern following the fire, therefore, requests for sandbags were directed to Pima and
Pinal Counties.
She updated the Logistics vendor list with all utilities contacts for the District. Due to a
three‐hour water shut off during business hours, she was directed by Chief Abel to add
emergency contacts for the water, electric and gas companies that serve us.
She continued to enter purchase order amounts into the Administration budget
spreadsheets, along with the Facilities and IT budget spreadsheets, and file accordingly.
Admin Assistant Hernandez sent out thank you letters for all donations received for the
District.
She continued to disinfect the touchable surfaces in the front lobby daily and every few
days in the meeting rooms at Admin North. There were fewer in‐person meetings with
people outside the District due to COVID‐19, therefore, the meeting rooms did not need to
be disinfected as often.
There were 11 lockboxes sold at the front desk. Lockboxes will be sold by appointment
only until further notice.
Community Relations Manager – Anne Marie Braswell July 2020
Meetings, Trainings & Events Attended for the Month 7/1‐ CRM Braswell participated the final Bighorn Fire Regional PIO call.
7/2‐ CRM Braswell participated in Zoom meeting with Chief Cesarek for Splendido residents
to update them on district services as well as COVID ‐19 precautions that the district has taken
to ensure safety of staff and patients. This was broadcast to residents using the Splendido
network.
7/3‐ PIO Jarrold participated in an interview with Channel 4 about the COVID‐19 pandemic,
precautions that district is taking and the number of internal cases we have identified.
7/3‐ PIO Jarrold attended Bighorn Fire Facebook live update in person at the resort to provide
input if any questions come up specific to the fire district.
7/6‐ CRM Braswell attended fire chief direct reports meeting.
7/7‐ GRFD hosted another Red Cross blood drive with the BloodMobile at 1175 W. Magee.
7/13‐ CRM Braswell attended fire chief and direct reports meeting.
7/15‐ CRM Braswell and PIO Jarrold began working on “Hot Car Safety” PSA for use on
district social media. Captain Lundeberg allowed us to film him and his 2 sons so that we can
put together a video that shows the importance of never leaving your children or pets in a car.
7/15‐ CRM Braswell participated in virtual Board of Trustees meeting with the Oro Valley
Hospital Board.
7/15‐ CRM Braswell participated in Oro Valley Town Council meeting virtually to accept the
proclamation for Drowning Impact Awareness Month (August).
7/16‐7/26‐ PIO Jarrold was out of the office for a well‐deserved road trip with his wife and
daughters.
7/20‐ CRM Braswell attended the Fir Chief and direct reports meeting.
7/21‐ CRM Braswell attended the monthly fire district board meeting virtually.
7/22‐ CRM Braswell attended Oro Valley Chamber Executive Board meeting virtually.
7/22‐ CRM Braswell attended Oro Valley Chamber Board meeting virtually.
7/23‐8/3‐ CRM Braswell was out of office to prepare kids for return to school and enjoy family
time.
7/28‐ PIO Jarrold attended Eye Detect Presentation with other managers.
Page 2
GRFD in the News and on Social Networking
Below are some of the highlights from July 1, 2020‐ July 31, 2020 regarding media and social media
out reach. All links to media stories are on the GRFD Facebook and/or Twitter pages.
On July 4th, KVOA ran a story about the precautions that the fire district is taking in light of the
COVID‐19 pandemic.
On July 8th, we shared content from the Pinal County social media platforms regarding where
residents can pick up sand bags including the site at our Golder Ranch Fire Station 372.
On July 21st, we participated in a parade to honor an elderly veteran who was celebrating a
birthday. KVOA used the GRFD social media post on their platforms.
On July 23rd, we posted updates from partnering agencies related to the monsoon storm that
came through our jurisdiction.
On July 31st, we posted a photo and incident update on Twitter related to a semi‐truck fire that
caused lengthily road closures in Oro Valley.
*In light of the monsoon season and the potential for flooding, the ad that ran in the Explorer
Newspaper for July asked residents to sign up for the emergency alert systems in their
respective areas (Pima or Pinal County) to stay informed.
Golder Ranch Fire District Administration | 3885 E. Golder Ranch Drive, Tucson, AZ 85739 | grfdaz.gov
This summer, do your part to stay informed about emergencies in your area by signing up for an emergency alert system.
Pima County residents should sign up for the mass notification system, My Alerts;
Pinal County residents should sign up for the Pinal Emergency Notification System (PENS).
Visit the Pima and Pinal County websites to get more information on how to register for the appropriate emergency notification system and stay informed in order to stay safe.
Remember, never enter a flooded roadway.
STAY INFORMED AND SIGN UP FOR MASS NOTIFICATION
SYSTEM TODAY
IT Manager – Herman Rascon August 2020
IT Applications Group Activities/Projects
The GRFD IT Applications group has been working on the following projects:
Zoll software updates –
o We deployed the latest version of our billing software, which streamlined data retrieval from
insurance agencies and laid the foundation for the ePCR and FireRMS updates.
o The latest version of ePCR, which introduces the ability to scan driver’s licenses to
automatically acquire patient names, birth dates, and addresses. This upgrade also added the
ability to attach photos to patient care reports, streamlining the certain processes that required
crews to scan documents in to attach. Last, but not least, the upgrade added the ability to
automatically notify crews via email when patient care reports get sent back for correction,
allowing for faster completion and subsequent billing of patient care reports.
o The latest version of FireRMS, which fixed several bugs and opened up some options for our
Fire & Life Safety personnel to create more detail entries for their inspections via attachments
directly tied to said entries. This allows inspectors to quickly and easily identify what an entry
may be discussing if the subject is complex or hard to describe with words.
We have installed a new service to improve security called DNS Filter. This new service will protect
our entire organization from online security threats and undesirable content. With powerful artificial
intelligence and an industry‐leading global network. DNS Filter makes it easy to deploy
comprehensive and customizable URL (Website Links) and internet content filtering policies in mere
minutes. Simply tell DNS Filter what categories of websites you want to block – Adult Content, Illegal
Content, Streaming Media, Chat & Instant Messaging, Social Networking, etc. – and DNS Filter does
the rest. It’s proprietary algorithms intelligently categorizes sites so that we don’t have to constantly
maintain a list of domains (List of websites). So far we have deployed this product at three of our
stations and three other districts will be migrating the same system. It has proven to be very successful
on doing its job, at a very low cost.
We are continuing with the process of converting the CAD stream for Golder Ranch Fire District
(GRFD), Three Points Fire District (TPFD), Rinconʹs Valley Fire District (RVFD), and Avra Valleyʹs
Fire District (AVFD) to a direct SQL connection in lieu of the current TEXT to XML to SQL
implementation. This will increase the speed and reliability of the pipe used to receive CAD
information.
IT Systems Group Activities/Projects
The GRFD IT Systems group has been working on the following projects:
US Digital Designs (USDD) deployment continues. We currently have four station almost compete
(station 373 was completed last fiscal) and ready for cut over. USDD is our new station alerting
system that will replace our current system.
GRFD IT has identified the replacements for the servers that will continue to support our agency
and others. The servers that we will purchase will be faster, hold more storage, and will allow us to
manage them more efficiently for the next 5+ years. Below is a picture of the new server �
GRFD IT has also been working on purchasing new workstations for FLS, Training, and Fleet this
year. These new workstations have already been deployed around our Administrative building and
have proven themselves to be great machines.
Fingerprinting system – Working with Arizona Department of Public Safety (DPS), we now have
the ability to scan fingerprints digitally. This will give us the ability to send finger print to DPS
electronically for our agency and others.
Emergency/Life Safety Services – Tom Brandhuber July 2020
Extrication Drill using Board Member Steve Brady’s van
Assistant Chief’s Activities for the Month
Attended the following:
IMT, Incident Management Team, meeting with Pima County for flood responses
July Golder Ranch Fire District Board meeting
Pima County LEPC, Local Emergency Planning Committee, Meeting
Participated in the following:
Chief Karrer’s weekly direct report meeting
Arizona Ambulance Association meeting
Held the following:
Direct reports weekly meeting
Regional COVID‐19 weekly zoom meetings
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EMS
Community Integrated Healthcare Program
Patient census for the CIHP program is low, 4 patients currently
Normally see a census decline during the summer months
Justin assisted with the CAAS submission finalization during the month of July
Covid‐19 Response
The EMS Division continues to focus on the COVID‐19 response, starting to see a decline in
positive cases in the last week of the month
Daily communication with our hospitals regarding the patients who received care from Golder
Ranch Fire District and tested positive for COVID‐19 continues, all is good in this area
Chief Grissom and Chief Cesarek completed training sessions on our COVID‐19 response
process and use of PPE with all crew members district wide
We continue to secure personal protective equipment (PPE) from Pinal and Pima Counties
o Our current supply stock is very strong
We received communication from Life Assist that the next six months will be a challenge to
source PPE, so we have identified and ordered from other sources, including AGS Safety and
Supply locally
Shipments for all N95’s with Battelle are working very well, three to five day turn around for
the decontamination process
o Crewmembers are following the steps to properly secure the masks and ship them for the
process
Ambulance billing
Our billing team is grateful for the change in date for the board meetings, gives them a better
window of time to complete monthly totals
Reviewed the scope of work from Zoll for their A/R Consulting service
o Program focuses on maximizing the billing process and use of the Zoll software to increase
ambulance revenue
A/R Consulting service is scheduled for August 11‐13
Completed the end of the year data for Golder Ranch Fire District, Avra Valley Fire
Department and Rincon Valley Fire District, this will allow for the completion of the
Ambulance Revenue and Cost Report for the affected CON’s
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Other Items of Interest
Several members of the EMS Division took some well‐deserved PTO with their families
Received a new pediatric high fidelity mannequin to add to our training equipment
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Training
Courses
Battalion Chief Certification Program
began June 1, 2020 and concluded July
24, 2020
o Course ended with a trip to the VICC
(Virtual Incidnet Comand Center) in
Mesa, Arizona
Working to develop an Aerial
Operator/Driver operator course for later
this year
Captains Certification course is being
developed for later this year
Miscellaneous
Target Solutions assignment for
Quarterly Blue Card was assigned
Assigned the annual Swift Water
Refresher to all suppression staff
through Target Solutions
Ran monthly Office of Inspector General report on all Golder Ranch Fire District employees
and volunteers
Working on reviewing and updating all Task books
Probationary Modules
Module III has been assigned via Target Solutions
Module III test has been updated
Module III books are due August 12‐14, 2020
Module III testing will take place August 24‐26, 2020
Training staff looking at Module IV updates
Car Seat Program
2 car seat installs were done in the month of July
o 1 car seat install was done over the phone and the other was done in person
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Health and Safety/Crew Scheduler
Health and Safety
Assisting the peer support team in various issues
Reviewing NFORS data for district call trends
Updating PPE policies
Completed Golder Ranch Fire District Exposure Control Plan. Currently in the review process
Planning for Suppression Physical Agility Test in the Fall
Partnered with EMS for district with EMS/Health and Safety training
Crew Scheduler
Assisting Health and Safety with various issues
Putting together Telestaff training for entire district
Crew Scheduler entries
Assisting Wildland with multiple entries
Wildland
REMS Assignments
Polle Fire
o Location‐ Payson,
Arizona
o Date‐ 7/5/2020
o Resource assigned‐
2036 F‐250, 1931 trailer,
1932 Polaris Ranger
o Crew‐ Engineboss
Michael Waldorf,
Paramedic Peter
Paddock, Paramedic
Tobin Johnson, Paramedic Adin DeMasi
Jackson Fire
o Location‐ Klondike, Arizona
o Date‐ 7/13/2020
o Crew‐ Engine Boss Michael Waldorf, Engine Boss Trainee Michael Crain, Fire Medic Jaclyn
Frazier, Fire Medic Samuel Garcia
o Resource assigned‐ 2036 F‐250, 1931 trailer, 1932 Polaris Ranger
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Wildland Assignment
2020 CNF Support
o Location‐ Corona, California (Cleveland National Forest)
o Date‐ 7/28/2020
o Crew‐ Engine Boss James Bell, Engine Boss Trainee Ronnie Petersen, Engineer Kurt Strieter,
Fire Medic Daniel Huber
o Resource assigned‐ 1634 Type 3
South Ops PREPO
o Location‐ High Sierra Ranger District Prather, California
o Date‐ 7/29/2020
o Crew‐ Engine Boss Robert Russo, Engine Boss Trainee Dean Stevens, Fire Medic Ryan
Hoffman, Fire Fighter Jimmy Labas
o Resource assigned‐ 033 Type 3
Initial Attack
Boulders Initial Attack
o Date‐ 6/30‐7/1/2020
o Crew‐ Engine Boss Albert Ortiz, Engine Boss James Bell, Captain Matt Peru, Fire Medic JR
Colby, Firefighter Armondo Fernandez
o Resource assigned‐ 1935 Type 6
Picacho 2 Initial Attack
o Date‐ 7/1/2020
o Crew‐ Engine Boss Colin Port, Engine Boss Karl Rhein, Firefighter Darrel Newburn
o Resource assigned‐ 1231 Type 6
4th of July
o Staffed two Type 6 engines
o No firework shows, but in preparation for individuals with fireworks
Navarro Fire Initial Attack
o Date‐ 7/12/2020
o Crew‐ Engine Boss Colin Port, Engine Boss James Bell, Engine Boss Trainee Ronnie
Petersen, Battalion Chief Steve Lunde, Fire Medic Daniel Huber, Firefighter Jimmy Labas,
Fore Fighter Aaron Karrer
Page 7
Honor Guard/Pipes and Drums
Expenditures
Honor Guard
o No expenses in the month of July
Pipes and Drums
o No expenses in the month of July
Events
No meetings/events in the month of July
Special Operations
Special Operations
Responded with automatic aid partners on several swift water calls
Assigned a Swift Water Refresher through Target Solutions
Finance
Fiscal 2020 Audit
In the last week of August, the auditors from Beach Fleishman will move into the Boardroom
for some of the week to perform the fieldwork for the fiscal year 2020 audit. They will conduct
tests of controls, sample invoices/payments verify cash, payroll and the existence of fixed
assets.
This being the second year that Beach Fleischman will work on the Golder Ranch Fire District
audit, they will be able to reduce the amount of fieldwork required to render an opinion on
our yearend financials. I have asked that our audit partner, Eric Maneval to present the results
of the audit findings to the Fire Board at the November Board meeting.
Over the course of the month of September, the Finance Department will be working diligently
to compile the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June
30, 2020. The hope is that the completed CAFR along with the auditor’s opinion letter will be
presented to the Board no later than November 2020 for official adoption.
Page 8
Human Resources
Benefits
July 1, 2020 marked the beginning of service with Securis Worker’s Compensation Fire
Department Risk Pool
o The Human Resources Team completed training with Ashton Tiffany and Securis on their
processes
o We are excited about this new venture and believe we have valuable experience and
insight to share with them from the unique fire service perspective
On July 14, 2020 representatives from AFLAC (Seth Knowlton and Kim Rodriquez) were
onsite at the north and south Golder Ranch Fire District administrative offices for the first
claims assistance day of the new plan year
o We are excited to have this new vendor on board and appreciate their commitment to
being onsite the 2nd Tuesday of each month from 0800‐1000 to serve our members
Policies and Procedures
The Human Resources Team has developed and presented a draft policy and procedure for
compliance with the Americans with Disabilities Act (ADA)
o These have been submitted through our chain of command for review
Human Resources Team has reviewed and updated a number of existing policies and have
submitted them through our chain of command for review
On July 30, 2020 we implemented a digital fingerprinting system in partnership with Arizona
Department of Public Safety and their assigned vendor, Gemalto
o The vendor provided the equipment and training at no cost to the District
o Members of the Board Services and Human Resources Teams underwent joint training on
the system and submittal process
o Utilization of this system streamlines the fingerprinting process
o Additionally, we are able to provide valuable fingerprinting service to the community
o We view this as a positive extension of the great customer service Golder Ranch Fire
District is known to provide to our community members
On July 28, 2020 Human Resources coordinated a presentation from a vendor called Eye
Detect, to present their service to members of the management team
o “Eye Detect is the first nonintrusive lie detection technology that accurately detects
deception in 15‐30 minutes by analyzing eye and other behaviors.”
o The goal would be to implement this service following the first screening of applicants
prior to beginning interviews
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o The purpose would be to further screen applicants and in turn, the District would garner a
better pool of candidates
o Human Resources has gathered the feedback from the participants of the presentation, and
will be presenting it to the Fire Chief and Assistant Chiefs for review and consideration on
August 11, 2020
Another tool to enhance our recruiting process is to incorporate psychological evaluations
o Human Resources has been researching options to provide psychological evaluations
o For legal reasons, psychological evaluations must only happen following an offer of
employment
o There is evidence to support the use of this as an evaluation tool in choosing a successful
new hire(s)
o Human Resources anticipates presenting this research to the Fire Chief and Assistant
Chief’s for review and consideration the week of August 10, 2020
Employee Relations
Human Resources continues to provide support and guidance on current employee relations
issues
Health and Safety
Human Resources Team was excited to design and order washable Golder Ranch Fire District
masks (by Chico Bags) utilizing funds provided by BCBS Wellness
o The masks were distributed to Golder Ranch Fire District employees and board members
through Battalion Chief’s and Human Resource staff.
o Our members have been very excited to wear these and show their “Golder” pride
Page 10
Employee Recognition
We would like to recognize the following individuals who are celebrating a Golder Ranch Fire
District employment anniversary this month. We appreciate their work and dedication to the
district for the benefit of the public that we serve.
GRFD Employee Years of Service Recognition - August
Last Name First Name Date of Hire Years Of Service
Schmidt Walter 08/26/1992 28
Muscarella Lee 08/22/1994 26
Watts Randall 08/05/2002 18
Mitchell Nathan 08/28/2006 14
Rinder Brian 08/28/2006 14
Roberts Tyler 08/28/2006 14
Shultz Andrew 08/28/2006 14
Stevens Dean 08/28/2006 14
Van Deren Shane 08/28/2006 14
Page 11
Fire and Life Safety Services
Page 12
Commercial Projects Summary
Assigned Inspector: Horbarenko=Red Hurley=Pink
B. White=Blue Grotkier=Green Druke=Black
Page 13
Education/Training Activities
Deputy Fire Marshal Akins, Inspector White, Druke, Hurley and Grotkier attended an IAAI
online fire investigation class on CFI 2021 NFPA 921 Fire Cause
Deputy Fire Marshal Akins attended three online SFPE classes
o The classes included fire protection analysis, analysis sources, and fire dynamics
Fire Investigations
On July 11, 2020, a brush fire was reported in
the area of E. Eagle Mountain Drive and S.
Eagle Crest Ranch, Tucson Arizona, 85739
o The origin of the fire was on the
southwest side of the playground
structure on the surface of the slide where
it transitions to horizontal and terminates
at the rubber mat.
o A competent source of ignition was used
to initiate the fire but was not discovered
on scene, and is an unknown type of
device
o This fire is classified Undetermined
On July 11, 2020, a fire was reported at 3396 E. Mainsail Blvd., Tucson Arizona, 85739
o The origin of the fire was on a mattress in the yard that transitioned into some trees
o This fire is classified Incendiary
On July 12, 2020, a fire was reported at 7245 W. Falcon View Pass in Marana, Arizona
o This is the first fire where Golder Ranch Fire District responded automatic aid with
Northwest Fire District fire investigators
o The cause of this fire was a lightning strike
o This fire is classified NATURAL
On July 17, 2020, a fire was reported at the Ridgeline
Apartments at 3980 W. Linda Vista Blvd. in Tucson,
Arizona (Northwest Fire District)
o The area of origin was behind the door of the
master bedroom of apartment 2207
o An electrical panel was found in this location
and could not be ruled out as an ignition
source
o This fire is classified undetermined
Page 14
Can you spot the violations? Answer to last Month:
Answer: Popcorn machine shall not block fire alarm
pull station.
2018 IFC Section 509.2 Equipment access: Approved
access shall be provided
and maintained for all fire protection equipment to
permit immediate safe operation and maintenance of
such equipment. Storage, trash and other materials or
objects shall not be placed or kept in such a manner
that would prevent such equipment from being
readily accessible.
Golder Ranch Fire District Call Load Breakdown
CALL TYPE 370 372 373 374 375 376 377 378 379 380 TOTALAircraftBrush / Vegetation 2 1 1 1 5Building Electrical / MotorFires - All Other 2 1 3Gas LeakHazmatTrash / Rubbish 1 1Unauthorized Burning 1 1 2Vehicle 1 1 1 3
Total Fire 6 2 2 1 1 2 14
Animal Problem 1 1Animal RescueAssist -Other 12 10 47 7 14 11 5 18 6 1 131Battery Change 8 2 12 5 2 6 1 7 1 44Bee Swarm 1 1Defective ApplianceInvalid Assist 1 2 14 7 13 5 4 1 4 5 56Snake 25 4 16 20 25 30 16 6 25 40 207Lockout 2 2Fire Now Out
Total Service Calls 48 18 89 40 54 52 26 33 35 47 442
Alarms (Fire, Smoke. CO) 3 7 6 5 2 3 3 3 32Cancelled / Negative 4 5 6 11 6 6 2 6 3 49Smoke / Odor Invest. 1 1 1 1 2 1 7
Total Good Intent 7 13 13 17 9 11 5 6 7 88
Motor Vehicle Accident 2 1 3 2 3 2 9 22Rescue-high, trench, waterInterfacility Transport 1 3 4All Other EMS Incidents 69 6 116 72 60 54 89 14 101 148 729
Total EMS Type 88 6 117 72 66 56 96 14 103 157 775
TOTAL ALL 149 24 219 125 139 117 135 53 145 213 1319
Percentage of Call Load 11% 2% 17% 9% 11% 9% 10% 4% 11% 16% 100%Average Calls Per Day 4.81 0.77 7.06 4.03 4.48 3.77 4.35 1.71 4.68 6.87 42.55
Patients Transported 507 Last 12 Month Call Load 16523 Last July Call Load 1371
Golder Ranch Fire District Call Load BreakdownJuly 2020
Logistics & Special Projects – Patrick Abel July 2020
Assistant Chief’s Activities for the Month
Meetings attended & general information
• I attended the Fire Chief’s direct reports meetings on Mondays.
• I attended the monthly Chief’s Status meeting with all the managers and division heads.
• I conducted weekly Logistics meetings with direct reports.
• I continued to work on statewide mutual aid and participate in training meetings virtually.
• I attended and participated remotely in Arizona Fire Chiefs Association (AFCA) meetings as a
regional representative for Pima County.
• I continued to work closely with the Arizona State Local Assistance State Team (LAST) and
attend state and national webinars via Zoom.
• Operative IQ (OPIQ) entry, inventory and tracking continued to move forward.
• Chiefs Karrer, Brandhuber and I attended the Pima County Fire Chiefs Association meeting
via Zoom. Key presenter, Chuck Huckleberry, discussed the COVID-19 testing processes in
Pima County and potential impacts to the economy and property values.
• Logistics and Training staff discussed the value and possible uses of the old Fleet maintenance
facility. Chief Karrer visited the site as well. We had considered selling the property, but
ultimately decided the building and property would still be valuable for training and storage
at this time. We will revisit this in the future and reassess the District’s needs and value.
• I attended a National Clean Public Safety Building Assembly virtually to learn about
progressive industry trends. Presenters included Special Projects Director, Janet Wilmoth,
with Firehouse Magazine, Assistant Tucson Fire Chief Joe Gulotta, Range Master Leroy
Fuentes, Collin College Public Safety Training Center and other presenters from across the
country. The topics included Pandemic Prevention Technology, Hot Zone Design, Shared Use
Facilities, Alerting Systems, Shooting Range Standards, Clean Station Design, and Building
Renovations.
Page 2
• I continued to work with the architect on the future station 378 construction project in
SaddleBrooke Ranch. We have been working to secure land to build the new station. A
meeting with the stakeholders will be arranged to discuss a myriad of topics including the
location of the fire station, a secondary emergency exit, an emergency evacuation plan and
other related topics.
• I have been working with the Town of Oro Valley (TOV) on renewing the fleet agreement for
maintenance on TOV police vehicles. That will be completed soon.
• The north Administration building windows were tinted which should provide some relief to
our employees as well as reduce the cost of the monthly electric bill.
• Front lobby projects to secure and protect our employees and work areas of North
Administration (Golder Ranch Drive) and Fire/Life Safety/Operations (Magee Road) continued
to move forward.
• Board Member Wally Vette and I visited station 375 and drove by station 374. These visits
provided a good opportunity to discuss and give a better understanding of the scope of our
current and future capital projects.
• I participated in our weekly construction meetings with Lloyd Construction, WSM architect
Paul Mickelberg, and others responsible for the remodel and expansion of station 375.
• Station 375 – The foundations were poured for the kitchen area, bunkrooms, and
decontamination and turnout room areas. Walls have been erected and prepped for the
trusses to be set when they arrive on the August 10th. Framers continued to work on the
interior and new construction areas of the project. The station remodel is moving forward as
scheduled.
Page 3
Logistics
• The apparatus committee decided to move forward with the purchase of a new engine.
Operations, Supply and Fleet will collaborate on this project.
• The Enterprise rental program has been refined and proposals are being created. Data was
collected and compared by Enterprise and the GRFD vehicle replacement guidelines.
• Logistics was asked by Operative IQ (OPIQ) to participate in a webinar presentation with
approximately 400 attendees. We were asked to present GRFD’s experience with OPIQ and
how we have modified the software to meet the District’s needs. Deputy Chief Hilderbrand
will be featured along with one other presenter.
• Service Desk (within OPIQ) was used for 155 service requests in July:
o Fleet: 63 requests
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o Facilities: 56 requests
o Supply: 36 requests
Fleet Monthly vehicle parts costs
• Administration - $1,322.00 • EMS - $1,099.00 • Fire – $23,012.00 • Wildland - $0.00 • OVPD Hours- 84 hrs. $5,752.00
Facilities Maintenance
• North Administration (170) – Irrigation repair done for flower pots at front door, new trash
cans for conference room and kitchen purchased
• Station 373 – Six new recliners purchased for day room
• Station 374 – New TV and mount, new portable evaporative cooler, and new dishwasher
purchased
• Station 377- Summer season flowers put in
• Station 380 – New utility cart purchased
• Fire & Life Safety – New refrigerator purchased
• Fleet – Vacuum service performed, liquids and solids (sand/oil pit) removal done
Daily repairs are ongoing.
Procurement/Communications Specialist
• Nothing to report this month
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Dave Christian, Finance Manager DATE: August 18, 2020 SUBJECT: DISCUSSION AND POSSIBLE ACTION APPROVING RESOLUTION #2020-0008
AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE-PURCHASE AGREEMENT AND RELATED DOCUMENTS OF THE LEASE PURCHASE OF CERTAIN ENERGY CONSERVATION EQUIPMENT; DELEGATING THE AUTHORITY TO THE FIRE CHIEF OF THE DISTRICT AND THE FINANCE MANAGER OF THE DISTRICT OR THEIR DESIGNEE TO DETERMINE CERTAIN MATTERS WITH RESPECT TO THE LEASE-PURCHASE AGREEMENT AND RATIFYING ALL ACTIONS TAKEN OR TO BE TAKEN TO FURTHER THIS RESOLUTION
ITEM #: 7A REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND To finance the installation of solar panels by Solon Corp. at various locations in the District pursuant to the previously approved construction agreement.
RECOMMENDED MOTION Motion to approve Resolution #2020-0008 to authorize the District to enter into a lease agreement in a principal amount not to exceed $1,100,000 and an interest rate not to exceed 4% APR, for a period of time not to exceed 15 years.
GOLDERRANCHFIREDISTRICTFire ~ Rescue ~ Ambulance 3885 E. Golder Ranch Drive
Tucson, Arizona 85739
Chief Randy Karrer
RESOLUTION NO. 2020-0008 Page 1 of 5
RESOLUTIONNO.2020‐0008
ARESOLUTIONTOAPPROVETHEFORMANDAUTHORIZINGTHEEXECUTIONANDDELIVERYOFANEQUIPMENTLEASE‐PURCHASEAGREEMENTANDRELATEDDOCUMENTSFORTHELEASEPURCHASEOFCERTAINENERGYCONSERVATIONEQUIPMENT;DELEGATINGTHEAUTHORITYTOTHEFIRECHIEFOFTHEDISTRICTANDTHEFINANCEMANAGEROFTHEDISTRICTORTHEIRDESIGNEETODETERMINECERTAINMATTERSWITHRESPECTTOTHELEASE‐PURCHASEAGREEMENTANDRATIFYINGALLACTIONSTAKENORTO
BETAKENTOFURTHERTHISRESOLUTION The Golder Ranch Fire District Governing Board hereby adopts and sets forth the following Resolution: WHEREAS, the Golder Ranch Fire District is a fire district and political subdivision of the State of Arizona, and is duly organized and existing pursuant to the constitution and laws of the State; and WHEREAS, the District Board (this “Board”) of Golder Ranch Fire District of Pima and Pinal Counties, Arizona (the “District”), will enter into an Engineering, Procurement and Construction Agreement with Solon Corporation (the “Contractor”) pursuant to relevant provisions of Arizona law pursuant to which the Contractor will design, procure and construct energy conservation equipment to reduce the District’s energy cost as described therein (the “Project”); and WHEREAS, this Board will receive a proposal from Stifel, Nicolaus & Company, Incorporated, serving in the capacity of and designated as the placement agent (the “Placement Agent”) and not acting as a municipal advisor as defined in the “Registration of Municipal Advisors” rule promulgated by the United States Securities and Exchange Commission, and has determined that the hereinafter described Lease-Purchase Agreement should be placed through negotiation by the Placement Agent pursuant to the Strategic Alliance of Volume Expenditures (SAVE) Cooperative Response Proposal #C-005-1718; and WHEREAS, this Board will, pursuant to the efforts of the Placement Agent. receive a proposal from a financial institution to serve as lessor (the “Lessor”) in a lease-purchase agreement (the “Lease-Purchase Agreement”) between the District and the Lessor to finance the Project; and
GOLDERRANCHFIREDISTRICTFire ~ Rescue ~ Ambulance 3885 E. Golder Ranch Drive
Tucson, Arizona 85739
Chief Randy Karrer
RESOLUTION NO. 2020-0008 Page 2 of 5
WHEREAS, within and by the parameters set forth in this Resolution, this Board shall authorize the execution and delivery of the Lease-Purchase Agreement; and WHEREAS, this Board finds and determines that the financing of the Project through the Lease-Purchase Agreement is in furtherance of the purposes of the District and is in the public interest; NOW,THEREFORE,ITISRESOLVEDBYTHEDISTRICTBOARDOFGOLDERRANCHFIREDISTRICTOFPIMAANDPINALCOUNTIES,ARIZONA,ASFOLLOWS: Section1.The District shall enter into the Lease-Purchase Agreement with the Lessor. The Fire Chief of the District and the Finance Manager of the District or their designee (collectively, the “Authorized Representatives”) are each authorized to determine, on behalf of the District, the date the Lease-Purchase Agreement is to be dated; the total aggregate amount of the Lease-Purchase Agreement (but not to exceed $1,100,000 plus an amount equal to capitalized interest on such amount at the interest rate determined as provided herein for one year); the dates on which the Lease-Purchase Agreement is to be payable and the interest rate per annum the Lease-Purchase Agreement is to bear (but not to exceed in the ordinary course a tax-exempt rate of 4.25 percent); the date the Lease-Purchase Agreement is to mature (but not more than 15 years), the principal amount to mature on such date and the provisions for prepayment thereof in advance of such date and the terms upon which the Lease-Purchase Agreement is to be sold (including determinations of price and original issue discount and premium). Section2.Payments pursuant to the Lease-Purchase Agreement will not constitute a general obligation or debt of the District, the State of Arizona or any political subdivision thereof for which the District, the State of Arizona or any political subdivision thereof will be obligated to levy or pledge any form of ad valorem property taxation; nor does the obligation to make lease payments under the Lease-Purchase Agreement constitute a general obligation or debt of the District, the State of Arizona or any political subdivision thereof within the meaning of the Constitution of the State of Arizona, statutes thereof or otherwise. The Lease-Purchase Agreement and the obligation to make lease payments are subject to the annual approval and appropriation by this Board but may be payable from other available funds or sources of the District as determined by this Board.
GOLDERRANCHFIREDISTRICTFire ~ Rescue ~ Ambulance 3885 E. Golder Ranch Drive
Tucson, Arizona 85739
Chief Randy Karrer
RESOLUTION NO. 2020-0008 Page 3 of 5
Section3. The Authorized Representatives are hereby authorized to accept a proposal of the Placement Agent for the placement of the Lease-Purchase Agreement, in accordance with the terms of a placement agent agreement with the Placement Agent presented to this Board (the “Placement Agent Agreement”) and in accordance with the Strategic Alliance of Volume Expenditures (SAVE) Cooperative Response Proposal #C-005-1718. Section4. The forms of the Lease-Purchase Agreement and the Placement Agent Agreement as presented to this Board at the meeting at which this Resolution was adopted are hereby approved, and the Chairperson, and any other member of this Board, the Fire Chief of the District or the Finance Manager of the District are hereby authorized to execute and deliver the Lease-Purchase Agreement and the Placement Agent Agreement, for and on behalf of the District, in substantially the forms submitted to this Board at the meeting at which this Resolution was adopted and in a final form satisfactory to the Chairperson, such other member of this Board, the Fire Chief of the District or the Finance Manager of the District, and such execution and delivery by the Chairperson, such member of this Board, the Fire Chief of the District or the Finance Manager of the District shall indicate the approval thereof on behalf of the District by the Fire Chief of the District or the Finance Manager of the District. The forms of the Lease-Purchase Agreement and the Placement Agent Agreement may be modified to meet the requirements and conditions of the Lessor, as approved by the Authorized Representatives. The Authorized Representatives are authorized to complete the Lease-Purchase Agreement and the Placement Agreement, including any attachments thereto. The execution and delivery of the Lease-Purchase Agreement and the Placement Agent Agreement shall be conclusive evidence of such modification and completion of the Lease-Purchase Agreement and the Placement Agent Agreement. Section5. All actions of the officers and agents of the District which conform to the purposes and intent of this resolution and which further the actions contemplated by this resolution whether heretofore or hereafter taken are hereby ratified, confirmed and approved. The proper officers and agents of the District are hereby authorized and directed to do all such acts and things and to execute and deliver all such documents on behalf of the District as may be necessary to carry out the terms and intent of this resolution.
GOLDERRANCHFIREDISTRICTFire ~ Rescue ~ Ambulance 3885 E. Golder Ranch Drive
Tucson, Arizona 85739
Chief Randy Karrer
RESOLUTION NO. 2020-0008 Page 4 of 5
Section6. If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal, invalid or unenforceable, such decision shall not affect the validity of the remaining portions of this resolution. The Board hereby declares that it would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the execution and delivery of the Lease-Purchase Agreement pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable.
[Remainder of Page Intentionally Left Blank.]
GOLDERRANCHFIREDISTRICTFire ~ Rescue ~ Ambulance 3885 E. Golder Ranch Drive
Tucson, Arizona 85739
Chief Randy Karrer
RESOLUTION NO. 2020-0008 Page 5 of 5
PASSED,ADOPTEDANDAPPROVEDby the Governing Body of the Golder Ranch Fire District of Pima and Pinal Counties, Arizona on this 18th day of August 2020, at a duly noticed public meeting of the Golder Ranch Fire District Governing Board. ___________________________________ Richard Hudgins Vice-Chairperson of the Governing Board of the Golder Ranch Fire District ATTEST: __________________________________ ________________________ Wally Vette Date Clerk of the Governing Board of the Golder Ranch Fire District
51879406
DRAFT 08/10/20
EQUIPMENT LEASE/PURCHASE AGREEMENT
This Equipment Lease/Purchase Agreement, dated __________, 2020, and entered into between __________, a ____________ (with any assignee or transferee of rights, titles and interests in and to this Agreement, “Lessor”), and Golder Ranch Fire District of Pima and Pinal Counties,
Arizona, a body corporate and politic existing under the laws of the State of Arizona (“Lessee”).
WITNESSETH:
WHEREAS, Lessee has entered into an Engineering, Procurement and Construction Agreement with Solon Corporation for the engineering, procurement and construction of the Equipment (as such term and all other undefined term used in these Recitals are defined herein) to be owned and operated by Lessee ;
WHEREAS, Lessee desires to lease and acquire from Lessor the Equipment subject to the terms and conditions hereof , and Lessor has paid the Acquisition Price to Lessee to accomplish such purpose;
WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement; and
NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows:
ARTICLE I
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
“Acceptance Certificate” means acceptance certificated attached hereto as Exhibit C.
“Acquisition Amount” means __________. The Acquisition Amount is the amount represented by Lessee to be sufficient, together with proceeds from Lessee if any, to acquire the Equipment and to pay Delivery Costs.
“Acquisition Period” means the period ending __________, 2020.
“Agreement” means this Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.04 hereof.
“Code” means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations
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proposed or in effect thereunder.
“Commencement Date” means the date when Lessee’s obligation to pay rent commences hereunder, which shall be the date on which the Acquisition Amount is paid to Lessee.
“Contract Rate” means the rate identified as such in the Lease Payment Schedule.
“Delivery Costs” means the costs incurred in connection with the execution and delivery of this Agreement, including placement agent fees, Lessor’s origination fee, counsel fees, fees and similar costs, fees and expenses.
“Determination of Taxability” has the meaning provided in Section 4.06 hereof.
“Equipment” means the property listed in the Equipment Schedule and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article V hereof. Whenever reference is made in this Agreement to Equipment, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment.
“Equipment Costs” means the total cost of the Equipment, including capitalized interest during the Acquisition Period and other related costs such as freight, installation and taxes, and capitalizable costs.
“Equipment Schedule” means the equipment schedule attached hereto as Exhibit A and made a part hereof.
“Event of Default” means an Event of Default described in Section 12.01 hereof.
“Event of Taxability” has the meaning provided in Section 4.06 hereof.
“Lease Payment Schedule” means the Lease Payment Schedule attached hereto as Exhibit B and made a part hereof.
“Lease Term” means the Original Term and all Renewal Terms, with a final Renewal Term ending on June 30, 20__.
“Material Adverse Change” means any change in Lessee’s creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee, or (ii) Lessee’s ability to perform its obligations under this Agreement.
“Net Proceeds” means the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys’ fees, incurred in the collection thereof
“Original Term” means the period from the Commencement Date until the end of the fiscal year of Lessee in effect at such Commencement Date.
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“Prepayment Option Commencement Date” means the date specified (if any) in the Lease Payment Schedule.
“Prepayment Price” means the amount provided in the Lease Payment Schedule.
“Renewal Terms” means the renewal terms of this Agreement, each having a duration of one year and a term coextensive with Lessee’s fiscal year.
“Rental Payments” means the basic rental payments payable by Lessee hereunder pursuant to Section 4.01 hereof, consisting of a principal component and an interest component.
“State” means the State of Arizona.
“Taxable Rate” means, for each day that the interest component of Rental Payments is taxable for federal income tax purposes as provided in Section 4.06 hereof, an interest rate equal to the Contract Rate plus a rate sufficient such that the total interest to be paid on any Rental Payment Date would, after such interest was reduced by the amount of any federal, state or local income tax (including any interest, penalties or additions to tax) actually imposed thereon, equal the amount of interest otherwise due to Lessor as provided in Section 4.06 hereo.
“Vendor” means the manufacturer, installer or supplier of the Equipment or any other person as well as the agents or dealers of the manufacturer, installer or supplier with whom Lessor arranged Lessee’s acquisition, installation, maintenance and/or servicing of the Equipment.
“Vendor Agreement” means any contract entered into by Lessee and any Vendor for the acquisition, installation, maintenance and/or servicing of the Equipment, including the _____.
ARTICLE II
Section 2.01. Representations and Warranties of Lessee. The undersigned, on behalf of Lessee, but not individually, represents and warrants for the benefit of Lessor on the date hereof as follows:
(a) Lessee is a fire district and political subdivision of the State within the meaning of section 103(c) of the Code, duly organized and validly existing under the constitution and laws of the State, with full power and authority to enter into this Agreement and the transactions contemplated hereby and thereby and to perform all of its obligations hereunder.
(b) Lessee has duly authorized the execution and delivery of this Agreement by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement.
(c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof.
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(d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic.
(e) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment. Lessee has also complied with all applicable open public meeting and notice laws and requirements with respect to the meeting at which the Lessee’s execution of this Lease was authorized.
(f) During the Lease Term, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee’s authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid hereunder.
(g) Lessee has kept, and throughout the Lease Term shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor __________________________________________________.
(h) Lessee has an immediate need for the Equipment and expects to make immediate use of the Equipment. Lessee’s need for the Equipment is not temporary, and Lessee does not expect the need for any item of the Equipment to diminish during the Lease Term.
(i) The payment of the Rental Payments or any portion thereof is not directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. Lessee shall not permit the federal government to guarantee any Rental Payments. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Acquisition Amount will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment.
(j) There is no pending litigation, tax claim, proceeding, dispute, agreement or instrument to which the Lessee is a party or by which the Lessee is bound, including without limitation, any agreement or instrument pertaining to any bond, note, lease, certificate of participation, debt instrument, or any other obligation of the Lessee, that may adversely affect Lessee’s financial condition or impairs its ability to perform its obligations under this Agreement. Lessee will, at its expense, maintain its legal existence in good standing and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor’s first priority security interest in the Equipment and Lessor’s rights and benefits under this Agreement.
(k) Lessee is the fee owner of the real estate where the Equipment is and will be located and has good and marketable title thereto, and there exists no mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever on or with respect to
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such real estate.
(l) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years.
(m) The Lessee has filed all reports necessary pursuant to Section 35-501, Arizona Revised Statutes.
Section 2.02 Representations and Covenants of Lessor. The undersigned, on behalf of Lessor, but not individually, represents and warrants for the benefit of Lessee on the date hereof as follows:
(a) Lessor is authorized to transact business in the State.
(b) Lessor possesses all requisite authority, power, licenses, permits and franchises to conduct all business contemplated in this Agreement and to observe and perform its covenants, agreements and obligations pursuant to this Agreement.
(c) To the extent applicable, pursuant to the provisions of the Section 41-4401, Arizona Revised Statutes, Lessor is in material compliance with all federal immigration laws and regulations that relate to its employees and it is in material compliance with the E-verify requirements in accordance with Section 23-214(A), Arizona Revised Statutes. Lessee retains the legal right to randomly inspect the papers and records of Lessor related to Lessor’s personnel to ensure that Lessor is complying with the above-mentioned certification and warranty. Lessor covenants to keep its papers and records open for random inspection by Lessee during normal business hours. Lessor shall cooperate with Lessee’s random inspections including granting Lessee entry rights onto its property to perform the random inspections and waiving its rights to keep such papers and records confidential.
(d) Pursuant to Section 35-393 et seq., Arizona Revised Statutes, the Lessor is not currently engaged in, and for the duration of this Agreement shall not engage in, a boycott of Israel. The term “boycott” has the meaning set forth in Section 35-393, Arizona Revised Statutes. If Lessee determines that Lessor’s certification above is false or that it has breached such agreement, Lessee may impose remedies as provided by law.
ARTICLE III
Section 3.01. Lease of Equipment. Lessor hereby demises, leases, transfers and lets to Lessee, and Lessee hereby acquires, rents and leases from Lessor, the Equipment. The Lease Term may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term as set forth in the Lease Payment Schedule. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue this Agreement for the next Renewal Term unless Lessee
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shall have terminated this Agreement pursuant to Section 3.03 or Section 10.01 hereof. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the Lease Payment Schedule.
Section 3.02. Continuation of Lease Term. Lessee shall do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due hereunder, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law, to have such portion of the budget or appropriation request approved and to exhaust all available reviews and appeals in the event such portion of the budget or appropriation request is not approved. Lessee intends, subject to Section 3.03 hereof, to continue the Lease Term through the Original Term and all Renewal Terms. Lessee affirms that sufficient funds are available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term can be obtained from legally available funds of Lessee.
Section 3.03. Nonappropriation. Lessee is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during Lessee’s then current fiscal year. Lessee’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative decision of Lessee concerning budgeted purposes and appropriation of funds. Should Lessee elect not to appropriate and budget funds to pay its obligations under this Agreement, this Agreement shall be deemed terminated at the end of the then current fiscal year term for which such funds were appropriated and budgeted for such purpose and Lessee shall be relieved of any subsequent obligation under this Agreement. Lessee has no obligation or duty of good faith to budget or appropriate the payment of Lessee’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. Lessee shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. Lessee shall keep the Lessor informed as to the availability of funds to make payments under this Agreement. The obligation of Lessee to make any payment pursuant to this Agreement is not a general obligation or indebtedness of Lessee. The Lessor hereby waives any and all rights to bring any claim against Lessee from or relating in any way to Lessee’s termination of this Agreement pursuant to this Section 3.03 hereof; provided, however, that the Lessor does not waive any rights to bring any claim against the Lessee in connection with a failure by the Lessee to comply with Section 6.01 or Section 7.02 hereof following the termination of this Agreement pursuant to this Section 3.03 hereof.
ARTICLE IV
Section 4.01. Rental Payments. Subject to Section 3.03 hereof, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the dates and in such amounts as provided in the Lease Payment Schedule. Interest on the Acquisition
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Amount shall begin to accrue as of the Commencement Date. Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at a rate equal to the Contract Rate.
Section 4.02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of, principal as more fully detailed on the Lease Payment Schedule.
Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or moneys of Lessee.
Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03 hereof, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in this Agreement shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances, disputes with the Vendor of any Equipment or the Lessor, or failure of any Vendor to deliver any Equipment or otherwise perform any of its obligations.
Section 4.05. Tax Covenants. Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes. In connection with the foregoing, Lessee hereby agrees that (a) so long as any Rental Payments remain unpaid, proceeds of this Agreement shall not be used in a manner that will cause this Agreement to be classified as an “arbitrage bond” within the meaning of section 148(a) of the Code; and (b) Lessee shall rebate, from funds legally available for the purpose, an amount equal to excess earnings on the proceeds of this Agreement to the federal government if required by, and in accordance with, section 148(f) of the Code, and make the determinations and maintain the records required by the Code.
Section 4.06. Event of Taxability. Upon the occurrence of an Event of Taxability and receipt of a Determination of Taxability, the interest component of Rental Payments and any charge on Rental Payments or other amounts payable based on the Contract Rate shall have accrued and be payable at the Taxable Rate retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for federal income tax purposes (which retroactive date shall be the earliest date as of which the interest component of any Rental Payment is deemed includible in the gross income of the owner or owners thereof for federal income tax purposes, which may be
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earlier than the date of delivery of such determination by the Internal Revenue Service), and Lessee will, subject to Section 3.03 hereof, pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate. (For purposes of this Section, “Event of Taxability” means the circumstance of the interest component of any Rental Payment paid or payable pursuant to this Agreement being or becoming includible for federal income tax purposes in an owner’s gross income as a consequence of any act or omission by Lessee, including, but not limited to any breach by Lessee of any representation, warranty or covenant with respect to this Agreement or the related tax agreement and certificates. A “Determination of Taxability” shall consist of (a) the receipt by Lessor or Lessee of an original or a copy of an Internal Revenue Service Technical Advice Memorandum or Statutory Notice of Deficiency or other written correspondence which legally holds that the interest component of any Rental Payment is includable in the gross income of the owner thereof; (b) the issuance of any public or private ruling of the Internal Revenue Service that the interest component of any Rental Payment is includable in the gross income of the owner thereof; or (c) receipt by Lessor or Lessee of a written opinion of a nationally recognized firm of attorneys experienced in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, selected by Lessor and acceptable to Lessee, to the effect that the interest component of any Rental Payment has become includable in the gross income of the owner thereof for federal income tax purposes. For all purposes of this definition, an Event of Taxability shall be deemed to occur on the date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner thereof for federal income tax purposes.)
Section 4.07. Mandatory Prepayment. Any funds not applied to Equipment Costs on the date on which Lessee executes the Acceptance Certificate, shall be applied by Lessee on any Rental Payment date to all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months and any remaining amounts shall be applied by Lessee as prepayment to the remaining principal balance owing hereunder at a prepayment price equal to the principal balance being prepaid plus accrued interest to the date of prepayment.
ARTICLE V
Section 5.01. Delivery, Installation and Acceptance of Equipment. Lessee shall order the Equipment, cause the Equipment to be delivered, installed and inspected at the location specified in the Equipment Schedule and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. Lessee shall conduct such inspection and/or testing of the Equipment as it deems necessary and appropriate in order to determine the Equipment's capability and functionality in order to accept such Equipment. When the Equipment has been delivered, installed, inspected and is operating in a manner consistent with the manufacturer's intended use, Lessee shall promptly and finally accept for all purposes such Equipment and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate.
Section 5.02. Quiet Enjoyment of Equipment. So long as Lessee is not in default nor has non-appropriated pursuant to Section 3.03 hereof, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee’s quiet use and enjoyment of the Equipment during the Lease Term.
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Section 5.03. Location; Inspection. Once installed, no item of the Equipment will be moved or relocated from the location specified for it in the Equipment Schedule without Lessor’s prior written consent, which consent shall not be unreasonably withheld; provided, however, that no such consent is required in order for the Lessee to replace, repair or otherwise maintain the Equipment in accordance with Section 5.04 hereof. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property where the Equipment is located for the purpose of inspecting the Equipment; provided, that, so long as no Event of Default or Event of Non-Appropriation has occurred or is continuing, Lessor shall first arrange with Lessee as to the times during regular business hours that Lessor may inspect the Equipment.
Section 5.04. Use and Maintenance of the Equipment.
(a) Lessee shall not install, use, operate or maintain the Equipment (or cause the Equipment to be installed, used, operated or maintained) improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated hereby. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative, or judicial body; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest (including the reversionary interest) of Lessor in and to the Equipment or its interest or rights hereunder.
(b) Lessee will maintain, preserve, and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee shall pay any costs necessary for the manufacturer to re-certify the Equipment as eligible for manufacturer’s maintenance upon the return of the Equipment to Lessor as provided for herein.
(c) Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, improvements, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the security interest of Lessor.
ARTICLE VI
Section 6.01. Title to the Equipment. During the Lease Term, and so long as Lessee is not in default under Article XII hereof, all right, title and interest in and to each item of the Equipment shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions hereof. Lessee shall at all times protect and defend, at its own cost and expense, its title in and to the Equipment from and against all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default or upon termination of this Agreement pursuant to Section 3.03 hereof, full and unencumbered legal title to the Equipment shall, at Lessor’s option, pass to Lessor, and Lessee shall have no further interest therein. In addition, upon the occurrence of such an Event of Default or such termination, Lessee
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shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of such legal title to Lessor and the termination of Lessee’s interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 12.02 hereof. Upon payment of all amounts due and owing under this Agreement in accordance with Section 10.01 hereof (including upon payment of all Rental Payments and other amounts payable under this Agreement), Lessor’s security interest or other interest in the Equipment shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may request to evidence the termination of Lessor’s security interest in the Equipment. During the Lease Term, Lessor will not claim ownership of the Equipment for the purposes of any tax credits, benefits or deductions with respect to the Equipment.
Section 6.02. Security Interest. As additional security for the payment and performance of all of Lessee’s obligations hereunder, Lessee hereby grants to Lessor a first priority security interest constituting a first lien on the Equipment, any and all proceeds of the Equipment. Lessee authorizes Lessor to file (and Lessee agrees to execute, if applicable) such notices of assignment, chattel mortgages, financing statements and other documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain Lessor’s security interest in the Equipment and the proceeds thereof, including, without limitation, such financing statements with respect to personal property and fixtures, to the extent it may legally agree to do so, under Article 9 of the Uniform Commercial Code of the State.
Section 6.03. Personal Property, No Encumbrances. The Equipment is deemed to be and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment is or will be located or enter into any agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment acceptable to Lessor or its assigns in its discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld.
ARTICLE VII
Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all levies, liens, and encumbrances except those created by this Agreement. The Equipment will be used for a governmental or proprietary purpose of Lessee and will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the
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Lease Term subject to Lessee's Prepayment Option, in which case, all such installments after such Prepayment Option is exercised.
Section 7.02. Insurance. Lessee maintains casualty insurance, liability insurance, and worker’s compensation coverage in the coverage amounts specified in the Insurance Certificate attached hereto as Exhibit D. Such insurance coverage shall contain an endorsement naming Lessor, its affiliates, successors and assigns, as their interests may appear, as an additional insured and loss payee, in so far as the Equipment is concerned. Lessee shall not cancel or modify such insurance or in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least thirty (30) days in advance of such cancellation or modification provided, however, that any such cancellation or modification shall be subject to the approval of the Lessor, which approval shall not be unreasonably withheld.
Section 7.03. Risk of Loss. Whether or not covered by insurance or self-insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under this Agreement. Whether or not covered by insurance or self-insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into of this Agreement or any of the transactions contemplated hereby, (b) the ordering, acquisition, ownership use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item of the Equipment, (c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person, and/or (d) the breach of any covenant of Lessee under or in connection with this Agreement or any material misrepresentation provided by Lessee under or in connection with this Agreement. The provisions of this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason.
Section 7.04. Surety Bonds; Lessee to Pursue Remedies Against Contractors and Sub-Contractors and Their Sureties.
(a) Lessee shall secure from each Vendor directly employed by Lessee in connection with the acquisition, construction, installation, improvement or equipping of the Equipment, a payment and performance bond (“Surety Bond”) executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of “A-” or better, and otherwise satisfactory to Lessor and naming Lessor as a co-obligee in a sum equal to the entire amount to become payable under each Vendor Agreement. Each bond shall be conditioned on the completion of the work in accordance with the plans and specifications for the Equipment and upon payment of all claims of subcontractors and suppliers. Lessee shall cause the surety company to add Lessor as a co-obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to Lessor promptly upon receipt thereof by Lessee. Any
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proceeds from a Surety Bond shall be applied first to amounts due Lessor under this Agreement, and any remaining amounts shall be payable to Lessee.
(b) In the event of a material default of any Vendor under any Vendor Agreement in connection with the acquisition, construction, maintenance and/or servicing of the Equipment or in the event of a material breach of warranty with respect to any material workmanship or performance guaranty with respect to the Equipment, Lessee will promptly proceed to exhaust its remedies against the Vendor in default. Lessee shall advise Lessor of the steps it intends to take in connection with any such default. Any amounts received by Lessee in respect of damages, refunds and adjustments or otherwise in connection with the foregoing shall be paid to Lessor and applied against Lessee’s obligations hereunder.
Section 7.05. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order or to maintain insurance as required under this Agreement, Lessor may, but shall be under no obligation to, maintain and repair the Equipment and pay the cost thereof or to obtain and maintain insurance for purposes of this Agreement. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate.
ARTICLE VIII
Section 8.01. Damage, Destruction and Condemnation.
(a) If, prior to the termination of the Lease Term, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, (i) Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment and any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee or (ii) Lessee shall exercise its option to prepay the obligations hereunder in accordance with Section 10.01(b) hereof.
(b) If Lessee elects to replace any item of the Equipment (the “Replaced Equipment”) pursuant to this Section, the replacement equipment (the “Replacement Equipment”) shall be new or of a quality, type, utility and condition at least as good as the Replaced Equipment, shall be of equal or greater value than the Replaced Equipment and shall provide at least the same level of energy and/or operational savings expected in the aggregate from the Replaced Equipment prior to such casualty, destruction or condemnation. Lessee shall grant to Lessor a first priority security interest in any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, security interests and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor’s security interest
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in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute “Equipment” for purposes of this Agreement. Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment date after the occurrence of a casualty event, or be required to exercise its option to prepay the obligations hereunder with respect to equipment in accordance with Section 10.01(b) hereof.
Section 8.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01 hereof, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Prepayment Price for the Equipment, and, upon such payment, the Lease Term shall terminate and Lessor’s security interest in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after paying the applicable Prepayment Price for such Equipment shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV.
ARTICLE IX
Section 9.01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee’s acquisition of the Equipment shall be on an “as is” basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Vendor Agreement, the Equipment or the existence, furnishing, functioning or Lessee’s use of any item, product or service provided for in this Agreement.
Section 9.02 Vendor’s Agreements; Warranties. Lessee shall not in any material respect amend, modify, rescind or alter any Vendor Agreement without the prior written consent of Lessor. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee shall not be in default under this Agreement, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against Vendor. Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the applicable Vendor of the Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor hereunder, including the right to receive full and timely Rental Payments. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to the Equipment.
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ARTICLE X
Section 10.01. Prepayment Option. In addition to the prepayment provided by Section 4.07 hereof, Lessee shall have the option to prepay or satisfy all its obligations hereunder, at the following times and upon the following terms:
(a) From and after the date specified (if any) in the Lease Payment Schedule (the Prepayment Option Commencement Date), on the Rental Payment dates specified in the Lease Payment Schedule, upon not less than 30 days prior written notice, and upon payment in full of the Rental Payments then due and all other amounts then owing hereunder plus the then applicable Prepayment Price, which may include a prepayment premium on the unpaid balance as set forth in the Lease Payment Schedule; or
(b) In the event of substantial damage to or destruction or condemnation of any of the Equipment, on the day specified in Lessee’s notice to Lessor of its exercise of the prepayment option (which shall be the earlier of the next Rental Payment date or 90 days after the casualty event) upon payment in full to Lessor of the Rental Payment then due plus the then applicable Prepayment Price (or, in the event such prepayment occurs on a date other than a Rental Payment date, the sum of (i) the Prepayment Price relating to the Rental Payment immediately prior to the date of such prepayment plus (ii) accrued interest on the Outstanding Balance relating to the Rental Payment immediately prior to the date of such prepayment, plus all other amounts then owing hereunder); or
(c) Upon the expiration of the Lease Term, upon payment in full of all Rental Payments then due and all other amounts then owing hereunder to Lessor.
After payment of the applicable Prepayment Price and all other amounts owing hereunder, Lessor’s security interests in and to such Equipment will be terminated and Lessee will own the Equipment free and clear of Lessor’s security interest in the Equipment.
ARTICLE XI
Section 11.01. Assignment by Lessor.
(a) Lessor’s right, title and interest in and to this Agreement, the Rental Payments and any other amounts payable by Lessee hereunder, its security interest in the Equipment and all proceeds therefrom may be assigned and reassigned in whole or in part to an assignee by Lessor or any subsequent assignee, without the necessity of obtaining the consent of Lessee.
(b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section shall be effective until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or the Vendor.
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(c) If Lessor notifies Lessee of its intent to assign this Agreement, Lessee shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment substantially in the form of Exhibit E attached hereto within five (5) business days after its receipt of such request.
Section 11.02. Assignment and Subleasing by Lessee. None of Lessee’s right, title, and interest in, to and under this Agreement or any portion of the Equipment may be assigned, encumbered or subleased by Lessee for any reason, and any purported assignment, encumbrance or sublease without Lessor’s prior written consent shall be null and void.
ARTICLE XII
Section 12.01. Events of Default Defined. Any of the following events shall constitute an “Event of Default” under this Agreement:
(a) Failure by Lessee to (i) pay any Rental Payment or other payment required to be paid under this Agreement within 10 days after the date when due as specified herein or (ii) maintain insurance as required herein;
(b) Failure by Lessee to observe and perform any covenant, condition or agreement contained in this Agreement on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected;
(c) Any statement, representation or warranty made by Lessee in or pursuant to this Agreement or its execution, delivery or performance shall prove to have been false, incorrect, misleading, or breached in any material respect on the date when made;
(d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor, if such default (i) arises under any other agreement for borrowing money, lease financing of property or provision of credit provided by Lessor or any affiliate of Lessor, or (ii) arises under any obligation under which there is outstanding, owing or committed an aggregated amount in excess of $100,000.00 and such default results in acceleration of any amounts payable thereunder;
(e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization, moratorium or insolvency proceeding; or
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(f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator for Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days.
Section 12.02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term to be due;
(b) With or without terminating the Lease Term, Lessor may enter the premises where the Equipment is located and retake possession of such Equipment or require Lessee at Lessee’s expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable, but solely from legally available funds, for the difference between (i) the Rental Payments payable by Lessee and other amounts hereunder or the Equipment that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies hereunder, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer’s and attorney’s fees), subject, however, to the provisions of Section 3.03 hereof. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities hereunder or the Equipment. Any proceeds from the disposition of the Equipment in excess of amounts required to pay (i) the unpaid principal component of Rental Payments, (ii) any other amounts then due under this Agreement, and (iii) the Lessor’s costs and expenses associated with the disposition of the Equipment (including attorneys’ fees and costs) shall be paid to the Lessee or such other creditor of the Lessee as may be entitled thereto; and
(c) Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under this Agreement or as a secured party in any or all of the Equipment.
Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other than such notice as may be required in this Article.
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ARTICLE XIII
Section 13.01. Notices. All notices, certificates or other communications under this Agreement shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee.
Section 13.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.
Section 13.03. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 13.04. Amendments, Changes and Modifications. This Agreement may only be amended by Lessor and Lessee in writing.
Section 13.05. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
Section 13.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State.
Section 13.07. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement.
Section 13.08. Transactional Conflicts of Interest. As required by the provisions of the Section 38-511, Arizona Revised Statutes, notice is hereby given that Lessee may, within three (3) years of the execution hereof, cancel this Agreement without penalty or further obligations, if any person significantly involved in initiating, negotiation, securing, drafting or creating this Agreement on behalf of the Lessee is, at any time while this Agreement or any extension of this Agreement is in effect, an employee or agent of the Lessor or a consultant to the Lessor with respect to the subject matter of this Agreement. The cancellation shall be effective when written notice from the Lessee is received by the Lessor unless the notice specifies a later time. As of the date of this Agreement, Lessee represents that no person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of Lessee is an employee, agent or consultant to Lessor.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written.
LESSOR: _____ _____ _____ Attention: ____________ By: …………………………………
Printed Name: …………………………
Title: ………………………………….
LESSEE: Golder Ranch Fire District of Pima and Pinal Counties, Arizona 3885 East Golder Ranch Drive Tucson, Arizona 85739 Attention: _______ By:…………………………………
Printed Name:…………………………
Title: ………………………………….
Attest:
By: ………………………………………….... Name: ………………………………………… Title: …………………………………………...
List of Exhibits
List of Exhibits
Exhibit A -- Equipment Schedule Exhibit B -- Lease Payment Schedule Exhibit C -- Form of Acceptance Certificate Exhibit D -- Insurance Certificate Exhibit E -- Form of Notice and Acknowledgement of Assignment
A-1
EXHIBIT A EQUIPMENT SCHEDULE
[To be Inserted]
B-1
EXHIBIT B LEASE PAYMENT SCHEDULE
Contract Rate. The Contract Rate is ___% per annum.
Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Purchase Option Commencement Date begins __________, 2020 at the applicable Prepayment Price.
LESSOR: _____ _____ _____ By: …………………………………
Printed Name: …………………………
Title: ………………………………….
LESSEE: Golder Ranch Fire District of Pima and Pinal Counties, Arizona By:…………………………………….
Printed Name:…………………………
Title: ………………………………….
C-1
EXHIBIT C
ACCEPTANCE CERTIFICATE
__________ Attn: …………………….
Re: Equipment Lease/Purchase Agreement, dated __________, 2020, between __________, as Lessor, and Golder Ranch Fire District of Pima and Pinal Counties, Arizona, as Lessee
Ladies and Gentlemen:
In accordance with the Equipment Lease/Purchase Agreement (the “Agreement”), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows:
1. All of the Equipment (as such term is defined in the Agreement) has been delivered, installed, is operating in a manner consistent with the manufacturer's intended use and finally accepted for all purposes on the date hereof.
2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate in order to determine the Equipment's capability and functionality in order to accept such Equipment and hereby acknowledges that it accepts the Equipment for all purposes.
3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement.
4. Lessee hereby reaffirms that the representations, warranties and covenants contained in the Agreement are true and correct as of the date hereof.
5. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof.
Date: …………………….
LESSEE: Golder Ranch Fire District of Pima and Pinal Counties, Arizona
By:………………………………………… Printed Name:…………………………….. Title: ………………………………………
D-1
EXHIBIT D
INSURANCE CERTIFICATE
(TO BE ATTACHED)
E-1
EXHIBIT E
FORM OF NOTICE AND ACKNOWLEDGMENT OF ASSIGNMENT
Dated: ………………….
………………………………………… (“Assignor”) hereby gives notice that it has assigned and sold to ………………………………………… (“Assignee”) all of Assignor’s right, title and interest in, to and under the Equipment Lease/Purchase Agreement, dated __________, 2020 (the “Agreement”), between Assignor and the Golder Ranch Fire District of Pima and Pinal Counties, Arizona (“Lessee”), together with all exhibits, schedules, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith, the Rental Payments and other amounts due under the Agreement, all of Assignor’s right, title and interest in the Equipment (as defined in the Agreement) (collectively, the “Assigned Property”).
1. In accordance with the terms of the Agreement, Lessee hereby acknowledges the effect of the assignment of the Assigned Property and absolutely and unconditionally agrees to deliver to Assignee all Rental Payments and other amounts coming due under the Agreement in accordance with the terms thereof on and after the date of this Acknowledgement.
2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Agreement and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the Equipment in accordance with the terms of the Agreement, to declare a default and to exercise all remedies thereunder; and (ii) except as provided in Section 3.03 of the Agreement, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in the Agreement shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense.
3. Lessee agrees that, as of the date of this Notice and Acknowledgement of Assignment (this “Acknowledgement”), the following information about the Agreement is true, accurate and complete: Number of Rental Payments Remaining Amount of Each Rental Payment See Lease Payment Schedule Total Amount of Rents Remaining $ Frequency of Rental Payments Next Rental Payment Due
4. The Agreement remains in full force and effect, has not been amended and no non-appropriation or Event of Default described therein (or event which with the passage of time or the giving of notice or both would constitute a default) has occurred.
5. Any inquiries of Lessee related to the Agreement and all Rental Payments and other amounts coming due pursuant to the Agreement on and after the date of this
E-2
Acknowledgement should be remitted to Assignee at the following address (or such other address as provided to Lessee in writing from time to time by Assignee):
………………………………………… ………………………………………… ………………………………………… Attn: ………………………………….. Title: ………………………………..…
ACKNOWLEDGED AND AGREED:
LESSEE: GOLDER RANCH FIRE DISTRICT OF PIMA
AND PINAL COUNTIES, ARIZONA
By: …………………………………… Printed Name: …………………..…… Title: ……………………………….…
ASSIGNOR: …………………………………………
By: …………………………………… Printed Name: …..…………………… Title:..…………………………………
51877247.1
DRAFT 08/__/20
EQUIPMENT LEASE-PLACEMENT AGENT AGREEMENT
__________, 2020 District Board Golder Ranch Fire District of Pima and Pinal Counties, Arizona 3885 East Golder Ranch Drive Tucson, Arizona 85739
Re: Equipment Lease-Purchase Agreement for Golder Ranch Fire District of Pima and Pinal Counties, Arizona, as lessee
Upon the terms and conditions and based upon the representations, warranties and covenants set forth herein, Stifel, Nicolaus & Company, Incorporated (the “ Lease Placement Agent”) offers to enter into this Equipment Lease-Placement Agent Agreement (this “Agreement”) with Golder Ranch Fire District of Pima and Pinal Counties, Arizona (the “Lessee”), which, upon acceptance of this offer, shall be binding upon the Lessee and the Lease Placement Agent. This offer is made subject to acceptance of this Agreement by the Lessee before or on __________, 2020, and, if not so accepted, will be subject to withdrawal by the Lease Placement Agent upon notice delivered to your office at any time prior to acceptance hereof. If the obligations of the Lease Placement Agent shall be terminated for any reason permitted hereby, neither the Lease Placement Agent nor the Lessee shall, except as otherwise permitted hereunder, be under further obligation hereunder.
The above-captioned Equipment Lease-Purchase Agreement (the “Lease”) is to be executed and delivered pursuant to a Resolution of the District Board of the Lessee adopted on August 18, 2020 (the “Resolution”). Capitalized terms used but not otherwise defined herein shall have the meaning provided in the Lease.
1. Negotiation, Execution and Delivery of Lease. On the basis of the representations and agreements contained herein, but subject to the terms and conditions herein set forth, the Lease Placement Agent agrees, on a best efforts basis, to locate a counter-party for the Lease (the “Lessor”) at a lease price equal to the principal amount thereof (the “Lease Price”) and on terms consistent with the Resolution. The maturity, base rental payment schedule and other terms and conditions of the Lease shall be as set forth in the Lease.
For its services hereunder, and upon payment of the Acquisition Amount by the Lessor to the Lessee (the date of such payment herein, the “Closing Date”), the Lease Placement
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Agent shall receive compensation, payable by the Lessee, equal to _____% of the principal amount of the Lease (the “Fee”). On the Closing Date, the Lessee shall pay or cause to be paid the Fee to the Lease Placement Agent by wire transfer or in immediately available funds. The Fee does not include any services the Lease Placement Agent may render in the future to the Lessee with respect to any offering or placement of municipal securities.
2. Representations, Warranties, and Covenants of the Lessee. The undersigned, on behalf of the Lessee, but not individually, hereby represents and warrants to the Lease Placement Agent (and it shall be a condition of the obligation of the Lease Placement Agent to perform under this Agreement that it shall be represented and warranted on the Closing Date) that:
(a) The Lessee is duly organized and validly existing under the laws of the State of Arizona (the “State”) with the power to adopt the Resolution, perform the agreements on its part contained therein and in the agreements approved thereby and cause the execution and delivery of the Lease.
(b) The Lessee has complied materially and, in all respects on the Closing Date will be in material compliance, with all of the provisions of applicable law of the State relating to the execution, delivery and performance by the Lessee with respect to the Lease.
(c) The Lessee has duly adopted the Resolution, and the Lessee has duly authorized and approved the execution and delivery of this Agreement and the Lease (collectively, the “Documents”), as well as the performance of its obligations contained in the Lease, and the consummation by it of all other transactions contemplated hereby.
(d) The Lessee is not in material breach of or material default under any applicable law or administrative regulation of the State or any department, division, agency or instrumentality thereof, or of the United States, or any applicable judgment or decree or any loan agreement, note, resolution, certificate, agreement or other instrument to which the Lessee is a party or is otherwise subject, which breach or default would materially and adversely affect the Lessee or its ability to perform its duties and obligations under the Documents, and the execution and delivery of the Documents and the adoption of the Resolution and compliance with the provisions of each will not conflict materially with or constitute a material breach of or default under any applicable law or administrative regulation of the State or under any certificate, agreement or other instrument to which the Lessee is a party or is otherwise subject, which breach or default would materially and adversely affect the Lessee or its ability to perform its duties and obligations under the Documents.
(e) No action, suit, proceeding or investigation at law or in equity
before or by any court of governmental agency or body is pending or overtly threatened in any way affecting the existence of the Lessee or the title of the members of the District Board of the Lessee to their respective offices or seeking to restrain or to enjoin the execution and delivery of the Lease, or the payment of amounts due pursuant to the
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Lease, or in any way contesting or affecting the validity or enforceability of the Resolution or the Documents, or contesting the powers of the Lessee or the members of the District Board of the Lessee with respect to the Lease.
(f) No CUSIP identification number or similar designation will be assigned to the Lease and the financing contemplated by the Lease will not be closed through The Depository Trust Company or otherwise registered in book-entry form.
(g) The Lessee has furnished the Lease Placement Agent with certain information and materials concerning the Lessee and the Lease that the Lease Placement Agent requested (the “Information Package”). The following documents and information comprise the Information Package:
[???]
(1) District audited financial statements for fiscal years ended June 30, 2014 through and including June 30, 2018;
(2) District unaudited financial statements for fiscal year ended June 30, 2019;
(3) District adopted budgets for fiscal years ended June 30, 2019 and June 30, 2020; and
(4) The information specifically sourced to, and provided by, the District in the attachment to the term sheet distributed in connection with the Lease titled “__________.”
The Lessee represents and warrants that all information contained in the Information Package is, and will at all times during the period of the engagement of the Lease Placement Agent hereunder be, true and correct in all material respects and will not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein not misleading in light of the circumstances under which such statements are made.
3. Conditions to Closing. The obligations of the Lease Placement Agent under this Agreement shall be subject, at the option of the Lease Placement Agent, to the accuracy in all material respects of the representations, warranties and covenants on the part of the Lessee contained herein as of the date hereof and as of the Closing Date and to the performance by the Lessee of its obligations to be performed hereunder and under the Documents at or prior to the Closing Date and to the following additional conditions:
(a) At the Closing Date, the Documents shall have been duly authorized, executed and delivered by the respective parties thereto, in substantially the forms heretofore submitted to the Lease Placement Agent with only such changes as shall have been agreed to by the Lease Placement Agent, and the Documents shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Lease Placement Agent, and there shall have been taken in connection therewith, with the execution and delivery of the Lease and with the transactions
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described therein and in this Agreement, all such action as the Lease Placement Agent and hereinafter defined Special Counsel shall deem to be necessary and appropriate;
(b) At or prior to the Closing Date, the Lease Placement Agent shall have received the following documents, in each case satisfactory in form and substance to the Lease Placement Agent:
(1) The Documents (or certified copies thereof) duly executed and delivered by the respective parties thereto, with such amendments, modifications or supplements as may have been agreed to by the Lease Placement Agent;
(2) The opinion of Greenberg Traurig, LLP, Special Counsel, dated the Closing Date, relating to the validity of the Lease and the tax-exempt status of the interest income with respect thereto;
(3) A certificate of the Lessee, dated the Closing Date, in form and substance satisfactory to the Lease Placement Agent, to the effect that:
(i) the Lessee has complied with and satisfied all the conditions on its part to be performed or satisfied under the Documents at or prior to the Closing Date; and
(ii) the representations, warranties and covenants of the Lessee contained in this Agreement are true and correct as if made on the Closing Date.
(4) A Purchaser Letter, in the form attached to this Agreement as the Exhibit and in form and substance acceptable to the Lease Placement Agent, executed by the purchaser of the Lease and addressed to the Lease Placement Agent; and
(5) Such additional legal opinions, certificates, proceedings, instruments and other documents as the Lease Placement Agent or its counsel, if any, and Special Counsel may reasonably request to evidence compliance by the Lessee with legal requirements, the truth and accuracy, as of the Closing Date, of the representations of the Lessee, and the due performance or satisfaction by the Lessee at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the Lessee.
4. Termination. This Agreement may be terminated by either party upon ten (10) business days’ prior written notice; provided, however, that, to the extent the Lessee may agree to do so pursuant to applicable law, the Fee shall be immediately due and payable by the Lessee if the Lessee terminates this Agreement and executes the Lease with a bank identified by the Lease Placement Agent to the Lessee prior to such termination and such execution occurs within six (6) months after termination of this Agreement.
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5. Expenses. In addition to the Fee as provided in Section 1, hereof, there shall be paid solely from the proceeds of the sale of the Lease, upon or promptly after the Closing Date: (a) the cost, if any, of the preparation and printing of the Lease; and (b) the fees and disbursements of Special Counsel and of any other counsel or consultants retained by the Lessee. The Lease Placement Agent shall be under no obligation to pay any expenses incident to this Agreement.
6. Regulatory Disclosure: The Lessee acknowledges that, in connection with the execution of the Lease and the discussions and negotiations relating to the terms of the Lease pursuant to and as set forth in this Agreement that (a) the Lease Placement Agent has acted at “arm’s length”, is acting solely for its own account and is not agent of or advisor (including, without limitation, a Municipal Advisor (as such term is defined in Section 975(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act)) and owes no fiduciary duty to, the Lessee or any other person, (b) the Lease Placement Agent’s duties and obligations to the Lessee shall be limited to those contractual duties and obligations set forth in this Agreement, (c) the Lease Placement Agent may have interests that differ from those of the Lessee, and (d) the Lessee has consulted its legal and financial advisors to the extent it deemed appropriate in connection with the negotiation and execution of the Lease. The Lessee further acknowledges and agrees that it is responsible for making its judgment with respect to the negotiation and execution of the Lease and the process leading thereto. The Lessee agrees that it will not claim that the Lease Placement Agent acted as a Municipal Advisor to the Lessee or rendered advisory services of any nature or respect, or owes a fiduciary or similar duty to the Lessee, in connection with the negotiation or execution of the Lease.
7. Survival of Certain Representations and Obligations. The respective agreements, covenants, representations, warranties and other statements of the Lessee and its officers set forth in or made pursuant to this Agreement shall survive execution of the Lease and shall remain in full force and effect, regardless of any investigation, or statements as to the results thereof, made by or on behalf of the Lease Placement Agent.
8. Notices. Any notice or other communication to be given to the Lessee under this Agreement may be given by delivering the same in writing to the Lessee at its address set forth above. Any notice or other communication to be given to the Lease Placement Agent under this Agreement may be given by delivering the same in writing to Stifel, Nicolaus & Company, Incorporated, 2801 East Camelback Road, Suite 300, Phoenix, Arizona 85016, Attention: B. Mark Reader, Managing Director.
9. No Assignment. This Agreement has been made by the Lessee and the Lease Placement Agent, and no person other than the foregoing shall acquire or have any right under or by virtue of this Agreement.
10. Applicable Law.
(a) This Agreement shall be interpreted, governed and enforced in accordance with the laws of the State.
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(b) This Agreement as required by the provisions of Section 38-511, Arizona Revised Statutes, notice is hereby given that the State, its political subdivisions (including the Lessee) or any department or agency of either may, within three (3) years after its execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. The cancellation shall be effective when written notice from the Governor or the chief executive officer or governing body of the political subdivision is received by all other parties to the contract unless the notice specifies a later time. The State, its political subdivisions or any department or agency of either may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any department or agency of either from any other party to the contract arising as the result of the contract. This Section is not intended to expand or enlarge the rights of the Lessee hereunder except as required by such Section. Each of the parties hereto hereby certifies that it is not presently aware of any violation of such Section which would adversely affect the enforceability of this Agreement and covenants that it shall take no action which would result in a violation of such Section.
11. Effectiveness. This Agreement shall become effective upon its execution by duly authorized officials of all parties hereto and shall be valid and enforceable from and after the time of such execution.
12. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
[Signature page follows.]
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13. Counterparts. This Agreement may be executed in several counterparts (including counterparts exchanged by email in PDF format), each of which shall be an original and all of which shall constitute but one and the same instrument.
Respectfully submitted,
STIFEL, NICOLAUS & COMPANY, INCORPORATED ........................................................................ B. Mark Reader Managing Director ACCEPTED this ......... day of __________, 2020. GOLDER RANCH FIRE DISTRICT OF PIMA AND PINAL COUNTIES, ARIZONA By ................................................................... Chairperson, District Board
Page 1 of Exhibit
EXHIBIT
FORM OF PURCHASER LETTER Golder Ranch Fire District of Pima and Pinal Counties, Arizona
Stifel, Nicolaus & Company, Incorporated Phoenix, Arizona
Re: Equipment Lease-Purchase Agreement, dated as of .................. 1, 2020, by and between ...................................., as lessor, and Golder Ranch Fire District of Pima and Pinal Counties, Arizona, as lessee (the “Lease”)
Ladies and Gentlemen: The undersigned (the “Purchaser”), being the purchaser of the Lease, does hereby certify, represent and warrant for the benefit of the Golder Ranch Fire District of Pima and Pinal Counties, Arizona (the “District”) and Stifel, Nicolaus & Company, Incorporated (the “Lease Placement Agent”) that:
A. The Purchaser has been duly organized and is validly existing as a banking corporation under the laws of the State of .............. with full corporate power to enter into and undertake its duties and obligations under the Lease.
B. The execution and delivery of this Purchaser Letter has been duly authorized by all necessary corporate actions on the part of the Purchaser and no further approvals or consents are required.
C. The Purchaser is (a) a “qualified institutional buyer” as that term is defined in Rule 144A under the Securities Act of 1933, as amended (the “Securities Act”), or (b) an “accredited investor” as that term is defined in Rule 501(a)(1), (2), (3), or (7) under the Securities Act.
D. The Purchaser has sufficient knowledge and experience in financial and business matters, including purchase and ownership of municipal leases, lease-purchase arrangements, and other obligations of a nature similar to the Lease and is able to evaluate the risks and merits of the investment represented by entering into or assuming the Lease.
E. The Purchaser has made its own inquiry and analysis with respect to the Lease and the security therefor, and other material factors affecting the security and payment of the Rental Payments.
F. The Purchaser is aware that the finances and operations of the District involve certain economic variables and risks that could adversely affect the security for the Lease and the Purchaser is able and willing to bear such risks.
Page 2 of Exhibit
G. The Purchaser is entering into or assuming the Lease for its own account and not with a view to, or for sale in connection with, any assignment or distribution of the Lease, or any part thereof. The Purchaser has not offered to sell, solicited offers to buy, or agreed to sell, assign or transfer any interest in the Lease or any part thereof, and has no present intention of reselling, assigning or transferring or otherwise disposing of the Lease. The Purchaser represents that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Lease, other than normal costs of conducting business and costs of professional services such as attorneys.
H. The Purchaser has been provided an opportunity to ask questions of the District, and the Purchaser has received answers from representatives of the District regarding the terms and conditions of the Lease. The Purchaser has obtained all information requested by it in connection with the execution and delivery of the Lease as it regards necessary to evaluate all merits and risks of its investment with respect to the Lease.
I. The Purchaser has been informed that the Lease (i) has not been and will not be registered or otherwise qualified under the “Blue Sky” laws and regulations of any jurisdiction, (ii) will not be listed on any stock or other securities exchange, and (iii) will not carry a CUSIP number or rating from any rating service and will not be made eligible for registration with The Depository Trust Company. The Purchaser acknowledges that the Lease has not been registered with any federal or state securities agency or commission.
J. The Purchaser acknowledges that it has the right to sell and transfer the Lease, subject to compliance with the transfer restrictions set forth in the Lease, including the requirement for the delivery to the District of a purchaser's letter in the same form as this Purchaser's Letter, including this paragraph. Failure to deliver such purchaser's letter shall cause the purported transfer to be null and void.
K. The Purchaser acknowledges that the Lease Placement Agent:
i. Will have no continuing interest in the Lease after closing of the placement; and
ii. Has not offered or agreed to maintain a market in the Lease or interests or participations therein and will not repurchase the Lease.
L. The Purchaser agrees to indemnify and hold harmless the District and the Lease Placement Agent with respect to any claim asserted against the District and/or the Lease Placement Agent that arises with respect to any assignment, transfer or other disposition of the Lease, or any part thereof, by the Purchaser or any transferee thereof in violation of the provisions of the Lease.
M. The Purchaser acknowledges that the execution and delivery of the Lease to the Purchaser is made in reliance upon the certifications, representations and warranties herein.
Page 3 of Exhibit
Capitalized terms used herein and not otherwise defined have the meanings given such terms in the Lease.
Date: .................., 2020
Very truly yours,
Purchaser: .....................................................
By:…………………………………………
Printed Name:……………………………..
Title: ………………………………………
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Dave Christian, Finance Manager DATE: August 18, 2020 SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE GOLDER RANCH FIRE
DISTRICT RECONCILIATION AND MONTHLY FINANCIAL REPORT ITEM #: 7B REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND Presented are the monthly financial reports and cash reconciliation.
RECOMMENDED MOTION Motion to approve and accept the Golder Ranch Fire District reconciliation and monthly financial report as presented.
Golder Ranch Fire DistrictSummary Budget Comparison - SUMMARY BUDGET TO ACTUAL **BOARD PACKET**
From 7/1/2020 Through 7/31/2020
CodeAccount
Account Title BudgetCurrent Period
ActualCurrent Period
YTD Budget YTD Actual
5000 Labor/Benefits/Employee Development
3,437,166.97 3,112,710.74 3,437,166.97 3,112,710.74
6000 Supplies/Consumables 131,997.42 79,732.97 131,997.42 79,732.97 6500 Vehicle / Equipment Expense 57,978.67 31,916.60 57,978.67 31,916.60 6750 Utilities / Communications 39,213.27 39,639.33 39,213.27 39,639.33 7000 Professional Services 100,433.36 37,310.77 100,433.36 37,310.77 7500 Dues/Subscriptions/Maint. Fees 17,819.60 50,272.02 17,819.60 50,272.02 7750 Insurance 22,439.33 30,132.00 22,439.33 30,132.00 8000 Repairs / Maintenance 31,073.50 35,423.74 31,073.50 35,423.74 9000 Debt Service 2,250.16 2,898.11 2,250.16 2,898.11 9500 Capital Outlay 39,208.33 47,858.12 39,208.33 47,858.12
Report Difference
(3,879,580.61) (3,467,894.40) (3,879,580.61) (3,467,894.40)
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Randy Karrer, Fire Chief DATE: August 18, 2020 SUBJECT: EXECUTIVE SESSION: THE BOARD MAY VOTE TO GO INTO EXECUTIVE SESSION
PURSUANT TO A.R.S. §38-431.03.A(1) FOR THE PURPOSE OF DISCUSSION AND REVIEW OF THE FIRE CHIEF’S ANNUAL PERFORMANCE EVALUATION AND EMPLOYMENT CONTRACT
ITEM #: 7C REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND This item allows the Golder Ranch Fire District Governing Board to adjourn into executive session to discuss and review Fire Chief Randy Karrer’s annual performance evaluation and employment contract.
RECOMMENDED MOTION Motion to enter into Executive Session pursuant to A.R.S. §38-431.03.A(1) for the purpose of discussion and review of the fire chief’s annual performance review and employment contract
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Randy Karrer, Fire Chief DATE: August 18, 2020 SUBJECT: EXECUTIVE SESSION: THE BOARD MAY VOTE TO GO INTO EXECUTIVE SESSION
PURSUANT TO A.R.S. §38-431.03.A(3) FOR THE PURPOSE OF CONSULTATION OR LEGAL ADVICE REGARDING A CONFIDENTIAL PERSONNEL MATTER AND POSSIBLE LITIGATION
ITEM #: 7D REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review This item allows the Golder Ranch Fire District Governing board to obtain legal advice regarding a confidential personnel matter and possible litigation.
RECOMMENDED MOTION Motion to enter into Executive Session pursuant to A.R.S. §38-431.03.A(3) for the purpose of legal advice with the attorney.
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Randy Karrer, Fire Chief DATE: August 18, 2020 SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING THE FIRE CHIEF’S ANNUAL
PERFORMANCE EVALUATION AND EMPLOYMENT CONTRACT ITEM #: 7E REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND This item is to allow the Golder Ranch Fire District Governing Board to discuss in open session Fire Chief Randy Karrer’s annual performance evaluation and employment contract if deemed appropriate.
RECOMMENDED MOTION Motion to be determined at the meeting, if necessary.
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Brooke Painter, Board Services Manager DATE: August 18, 2020 SUBJECT: FUTURE AGENDA ITEMS ITEM #: 8 REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND This agenda item allows an individual Governing Board Member to recommend item(s) to go on future agendas. Pursuant to A.R.S. §38-431.2(H), the Board will not discuss the items(s) at this time because it would be a violation of the Open Meeting Laws and no voting action will be taken on the recommended item. RECOMMENDED MOTION No motion is necessary for this agenda item.
GOLDER RANCH FIRE DISTRICT BOARD COMMUNICATION MEMORANDUM
TO: Governing Board FROM: Randy Karrer, Fire Chief DATE: August 18, 2020 SUBJECT: Call to the Public ITEM #: 9 REQUIRED ACTION: Discussion Only Formal Motion Resolution RECOMMENDED ACTION: Approve Conditional Approval Deny SUPPORTED BY: Staff Fire Chief Legal Review BACKGROUND This is the time for the public to comment. Members of the Board may not discuss items that are not on the agenda. The Board is not permitted to discuss or take action on any item raised in the Call to the Public, which are not on the agenda due to restrictions of the Open Meeting Law; however, individual members of the Board are permitted to respond to criticism directed to them. Otherwise, the Board may direct staff to review the matter or that the matter be placed on a future agenda. ** Please see revised instructions to speakers at the bottom of the agenda. RECOMMENDED MOTION No motion is necessary for this agenda item.