HAZARD MITIGATION SERVICE AGREEMENT.DOCX
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ARIZONA STATE UNIVERSITY
SERVICES AGREEMENT
This Services Agreement (“Agreement”), effective as of the date of last signature below (“Effective Date”), is
between Maricopa County, a political subdivision of the State of Arizona (“Maricopa” or “Maricopa County”,
for and on behalf of Maricopa County Department of Emergency Management (“Client”), having its principal
place of business at 1325 N. Fiesta Blvd. Gilbert, AZ 85233 (“Client”) and the Arizona Board of Regents for and
on behalf of Arizona State University (“ASU”) and its Watts College Center for Emergency Management and
Homeland Security (“Center”).
A.
Client desires to engage ASU’s Center to perform certain services and provide certain
deliverables as Client may require from time to time (collectively, “Services”) and described in each scope of
work (each, an “SOW”) agreed to by the parties pursuant to this Agreement. The initial SOW is attached hereto
as Exhibit A.
B.
The performance of the Services is consistent, compatible, and beneficial to the role and
mission of ASU to provide educational experiences for students and to encourage and support research and
related educational activities.
C.
Client’s engagement of Center constitutes Client’s agreement to the terms and conditions of
this entire Agreement.
1.
Scope of Work. Center will use reasonable efforts to provide the Services set forth in each SOW in
Exhibit A. The Services will be provided under the direction and supervision of a Center employee, but the
parties agree that Center shall have discretion to involve its students in the conduct and performance of the
Services. To the extent there are any conflicts between the provisions of any SOW and this Agreement, the
terms of this Agreement will control. ASU’s performance of the Services and its obligations under this
Agreement are subject to and governed by the regulations and policies of the Arizona Board of Regents
(“ABOR”).
2.
Scheduling Services. The scheduling of the Services will be arranged to avoid conflict with ASU’s
educational and research programs. Center will control the scheduling of such Services but will try to meet
reasonable timelines established by Client.
3.
Term and Termination.
3.1
The term of this Agreement will begin on the Effective Date and will terminate as provided
herein.
3.2
Either party may terminate this Agreement at any time, with or without cause, by giving the
other party not less than thirty (30) days prior written notice. If Client terminates this Agreement, Client will
remain responsible for payment to Center for all Services performed through the date of termination and for
reimbursement to Center of all non-cancelable commitments incurred in the performance of the Services.
Subject to the immediately preceding sentence, upon termination, Client will be entitled to receive the
deliverables, if any, produced as a result of the Services performed through the date of termination but will
have no rights to any intellectual property therein. Any equipment purchased in furtherance of this Agreement
will remain the property of the purchasing party, unless expressly specified otherwise.
4.
Compensation and Invoicing.
4.1
Client will pay Center for the Services performed under this Agreement in accordance with
Center’s rate schedule set forth in Exhibit B. All amounts due under this Agreement will be made payable in
U.S. Dollars and will be paid upon receipt of invoices from Center issued monthly for the duration of the period
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of performance of the Services. Invoices are due and payable within 30 days. Questions regarding invoices
should be directed to the Center at the contact address indicated on the Center’s website. ASU will mail
invoices to the Client contact identified in the SOW. Client will send checks or paper remittance advices to:
Watts College Center for Emergency Management and Homeland Security
Arizona State University
Mailcode: 3520
411 N. Central Ave, Suite 717
Phoenix, AZ 85004-0685
4.2
Center reserves the right to subject invoices not paid within 30 days of the invoice date to a
four percent (4%) per month late fee on the unpaid balance for any amounts not in dispute. Center reserves
the right to discontinue the Services if Client fails to make payments when due. In the event of non-payment,
Center may terminate all further work on the Services and seek full payment from Client for all work performed
and all expenses incurred including allocable costs, pursuant to the termination clause of this Agreement
including the collection of payment. Client will be responsible for any costs of collection incurred by ASU to
enforce the payment terms hereunder, including reasonable attorneys’ fees and court costs.
4.3
Client will pay any additional costs incurred by the Center as a result of any changes or
alterations that are directly requested by or result from any changes or alterations requested by Client to any
aspect of the Services provided under this Agreement. Such changes or alterations will be subject to the prior
approval of the Center and will be set forth in writing and signed by an authorized representative of each party.
5.
Confidential Information.
5.1
Client and Center may choose, from time to time, to disclose confidential information to each
other (“Confidential Information”) in connection with the Services rendered to Client by Center. All such
disclosures must be in writing and marked as Confidential Information; if orally or visually disclosed,
Confidential Information must be reduced to writing within 30 days following the date of disclosure and marked
confidential. Each party will use reasonable efforts to prevent the disclosure to unauthorized third parties of
any Confidential Information of the other party. Each party will use Confidential Information of the other party
for the sole purpose of performing under this Agreement or an SOW. The disclosure of Confidential
Information by one party to the other hereunder will not constitute or be deemed to result in the grant of any
right or license by the disclosing party to the receiving party. Each party retains the right to refuse acceptance
of any Confidential Information that is not required for purposes of performing the Services.
5.2
The obligations of this Section related to Confidential Information will not apply with respect
to: (i) information that was or becomes published, known publicly, or otherwise in the public domain without
breach of this Agreement or any other obligation of confidentiality; (ii) information that is independently
developed by the receiving party without referring to the Confidential Information of the disclosing party and
as evidenced by the receiving party’s written records; (iii) information that was lawfully known to or in the
possession of the receiving party prior to the time of the disclosing party’s disclosure, as reflected in the
receiving party’s written records; or (iv) information that is disclosed lawfully to the receiving party by a third
party having the right to disclose it without an obligation of confidentiality. A receiving party is permitted to
disclose Confidential Information if the receiving party is compelled to do so by law or court order, provided
that the receiving party gives the disclosing party prompt notice prior to making such compelled disclosure so
that the disclosing party may seek a protective order or other appropriate remedy and further provided that
the receiving party discloses only that portion of the Confidential Information that is legally required to be
disclosed.
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5.3
ASU, as a public institution, and Client, as a governmental entity, are subject to Arizona
Revised Statutes (“A.R.S.”) §§ 39-121 to 39-127 regarding public records. Any provision regarding
confidentiality is limited to the extent necessary to comply with Arizona law.
5.4
The obligations in this Section will survive for a period of three (3) years after expiration or
termination of this Agreement.
5.5
The receiving party will not disclose the disclosing party’s Confidential Information in any
Artificial Intelligence, generative Artificial Intelligence or large language model or tool without first obtaining
the express written consent of the disclosing party and ensuring any Confidential Information disclosed is
protected as required by this Section. As used herein, “Artificial Intelligence” means technologies, including
but not limited to machine learning, deep learning and neural networks, that are capable of performing tasks
that typically require human intelligence, such as content generation, visual perception, speech recognition,
decision-making and language translation.
6.
No Warranty. Due to the nature of research and the unpredictable and experimental nature of
research outcomes, the Services provided by ASU hereunder are provided on an “AS IS” and “WITH ALL
FAULTS” basis. ASU neither makes nor will be deemed to have made any representation or warranty
whatsoever (express or implied), including without limitation, merchantability, non-infringement, validity of
patent rights claims (issued or pending), absence of latent or other defects (whether or not discoverable), or
fitness for a particular purpose, regarding any outcome obtained or deliverable delivered hereunder including
any outcome desired by Client or concerning intellectual property rights or rights granted. ASU has no
obligation to repair any damage to, or defect in the Services, or replace the same, or otherwise remedy any
matter affecting the condition of the Services. Any decision regarding safety, applicability, marketability,
effectiveness for any purpose, or other use or disposition of said outcome will be the sole responsibility of
Client and/or its permitted assigns and licensees.
7.
No University Endorsements. In no event will Client (or its successors, employees, agents and
contractors) state or imply in any publication, advertisement or other medium that ASU has approved,
endorsed or tested any product or service. In no event will Center’s performance of the Services be considered
a test of the effectiveness or the basis for any endorsement of a product or service.
8.
Use of Names or Logos.
8.1
Neither party will use any names, service marks, trademarks, trade names, logos or other
identifying names, domain names or identifying marks of the other party (“Marks”), or the name of any
representative or employee of the other party in any sales promotion work or advertising, press release or any
form of publicity, without the prior written permission of an authorized representative of the party that owns
the Marks in each instance. A party may withhold such consent in that party’s absolute discretion. Any
permitted use of a party’s Marks must comply with the owning party’s requirements, including but not limited
to using the “®” indication of a registered trademark.
8.2
With regard to the use of ASU’s Marks, all requests for approval pursuant to this Section must
be submitted to ASU Enterprise Brand Strategy and Management at the following email address at least 10
business days prior to the date on which a response is needed: asubrand@asu.edu.
8.3
With regard to any sales promotion work or advertising, press release or any form of publicity,
all requests for approval pursuant to this Section must be submitted to ASU Media Relations at the following
email address at least 10 business days prior to the date on which a response is needed:
mediarelations@asu.edu.
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8.4
Each party acknowledges and agrees that violation of this Section is a material breach of
contract. In the event of any breach or threatened breach of this Section, the parties agree that the non-
breaching party will suffer irreparable harm for which there is no adequate remedy at law and will be entitled
to seek immediate injunctive relief, in addition to any other remedies available under this Agreement, at law
or in equity. If the non-breaching party is successful in obtaining an injunction, the breaching party will pay all
costs, including all reasonable attorneys’ fees and costs and court costs, incurred by the non-breaching party
in prosecuting such injunction, together with all costs necessary to cure the breach, which was the subject of
the proceeding, to the reasonable satisfaction of the non-breaching party and as ordered by the court.
9.
Similar Research. Nothing in this Agreement will be construed to limit the freedom of ASU or of its
researchers from engaging in similar services made under other grants, contracts or agreements with parties
other than Client.
10.
Export Controls. Client will notify Center in writing if any technological information or data provided
to Center under this Agreement is subject to export controls under U.S. law or if technological information or
data that Client is requesting Center to produce during the course of performance under this Agreement is
expected to be subject to such controls. Client will notify Center of the applicable export controls (for example,
Commerce Control List designations, reasons for control, countries for which an export license is required).
Center shall have the right to decline export-controlled information or tasks requiring production of such
information. Client will comply with all applicable export control laws and regulations.
11.
Intellectual Property. ASU will retain ownership of its pre-existing intellectual property, including any
that may be incorporated into the Services. The parties understand and agree that ASU owns any and all right,
title and interest in and to any and all intellectual property developed, created or invented solely by ASU in its
performance under this Agreement, including the Services, and that ASU will have the exclusive right to patent,
copyright, publish, distribute, disclose, use or disseminate in whole or in part any such intellectual property. In
no event is any ASU intellectual property considered a “work for hire” and, except as provided in this Section,
in no way does the provision of Services under this Agreement confer any license, right, title or interest in any
ASU intellectual property to Client. Solely to the extent to allow Client to make use of any deliverables for their
intended purpose as contemplated by this Agreement, ASU hereby grants to Client a fully paid up, perpetual,
irrevocable, royalty-free, worldwide right and license to ASU’s pre-existing intellectual property incorporated
into the deliverables, if any.
12.
Independent Contractor. Each party is an independent contractor and is independent of the other
party. Under no circumstances will any employees of one party be deemed the employees of the other party
for any purpose. This Agreement does not create a partnership, joint venture or agency relationship between
the parties of any kind or nature. Neither party will have any right, power, or authority under this Agreement
to act as a legal representative of the other party. Neither party will have any power to obligate or bind the
other or to make any representations, express or implied, on behalf of or in the name of the other in any
manner or for any purpose whatsoever contrary to the provisions of this Agreement. Each party acknowledges
that the relationship of the parties hereunder is non-exclusive.
13.
Notices. All notices, requests, demands and other communications under this Agreement will be given
in writing to the recipient’s address set forth in the applicable SOW and will be: (a) personally delivered; (b)
sent via email or other electronic means; or (c) sent by commercial overnight courier service. If personally
delivered, such communication will be deemed delivered upon actual receipt; if sent by electronic
transmission, such communication will be deemed delivered the next business day after transmission, and
sender will bear the burden of proof of delivery; and if sent by overnight courier, such communication will be
deemed delivered upon receipt as evidenced in writing. Either party may change its address for notice by
giving notice thereof in accordance with this Section.
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14.
Force Majeure.
14.1
With the exception of a party’s payment obligations hereunder, neither party will be liable
for failure to perform any obligation under this Agreement if such failure is directly caused by a Force Majeure
Event. A “Force Majeure Event” means an event or circumstance that is beyond the reasonable control and
without the fault or negligence of the party impacted, and that could not have been prevented by the
reasonable diligence of the party. Without in any way limiting the foregoing, a Force Majeure Event may
include, but is not restricted to, acts of God, fire, flood, substantial snowstorm or other weather condition, or
of a public enemy, acts of the Government in either its sovereign or contractual capacity, war, terrorism,
embargo, any United States or foreign government regulation, direction or request, accident, disease,
pandemic or epidemic, mass health issues, quarantine restrictions, strike or other labor difficulties, dispute or
labor trouble, civil unrest, freight embargoes, natural disasters, or any failure, disruption or delay of any
transportation, utilities, power, equipment or communications system, critical electronic systems, acts of
terrorism, mass shootings, other emergencies that disrupt a party’s operations, or any other or similar cause
beyond that party’s reasonable control.
14.2
The party which is so prevented from performing will give prompt notice to the other party of
the occurrence of such Force Majeure Event, the expected duration of such condition and the steps which it is
taking to correct such condition. This Agreement may be terminated by either party by written notice upon
the occurrence of such Force Majeure Event which results in a delay of performance hereunder exceeding 30
days.
15.
Applicable Law. Any dispute regarding or arising under this Agreement, or the interpretation of this
Agreement, will be subject to and resolved in accordance with the laws of the State of Arizona, without regard
to its conflicts of laws principles.
16.
Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or
relating to this Agreement or the breach, termination or validity thereof, the parties will first attempt to resolve
the matter over a period of at least 30 days before resorting to formal dispute resolution, except that equitable
remedies may be sought immediately. To this effect, the parties will consult and negotiate with each other in
good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory
to both parties. The parties agree to arbitrate disputes filed in Arizona Superior Court that are subject to
mandatory arbitration pursuant to A.R.S. § 12 133. A.R.S. § 12 1518 requires this provision in all ASU contracts.
17.
Assignment. Neither party will assign or transfer any interest in this Agreement without the prior
written approval of the other party. Any attempted assignment in violation of this Section will be null and void.
Subject to the foregoing, this Agreement will be binding upon the permitted successors and permitted assigns
or other permitted transferees of the parties.
18.
Severability. If any provision of this Agreement shall for any reason be found invalid, illegal,
unenforceable, or in conflict with any valid controlling law: (a) such provision will be separated from this
Agreement; (b) such invalidity, illegality, unenforceability, or conflict will not affect any other provision hereof;
and (c) this Agreement will be interpreted and construed as if such provision, to the extent the same shall have
been held invalid, illegal, unenforceable, or in conflict, had never been contained herein.
19.
Waiver; Amendment. The waiver of a breach hereunder may be effected only by a writing signed by
the waiving party and will not constitute, or be held to be, a waiver of any other or subsequent breach or to
affect in any way the effectiveness or enforceability of the provision in question. Any modification or
amendment of this Agreement or any SOW hereunder will be effective only if made in writing and signed by
both parties.
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20.
No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or will be
construed to confer upon any person or entity, other than the parties and their respective successors and
assigns permitted by this Agreement, any right, remedy or claim under or by reason of this Agreement.
21.
Merger and Integration; Recitals and Exhibits. This Agreement contains the entire understanding
between the parties concerning the subject matter of this Agreement and supersedes any and all prior
understandings, agreements, representations, and warranties, express or implied, written or oral, between the
parties concerning the subject matter of this Agreement. All recitals herein, and all exhibits attached hereto
(including all SOWs hereunder) and referred to herein, are integral and material parts of this Agreement.
22.
University and State Required Provisions.
22.1
Nondiscrimination. The parties will comply with all applicable laws, rules, regulations, and
executive orders governing equal employment opportunity, immigration, and nondiscrimination including the
Americans with Disabilities Act. If applicable, the parties will abide by the requirements of 41 CFR §§
60−1.4(a), 60−300.5(a) and 60−741.5(a). These regulations prohibit discrimination against qualified
individuals based on their status as protected veterans or individuals with disabilities, and prohibit
discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover,
these regulations require that covered prime contractors and subcontractors take affirmative action to
employ and advance in employment individuals without regard to race, color, religion, sex, national origin,
protected veteran status or disability.
22.2
Conflict of Interest. If within 3 years after the execution of this Agreement, either party hires
as an employee or agent or any representative of the other party who was significantly involved in negotiating,
securing, drafting, or creating this Agreement, then that party may cancel this Agreement as provided in A.R.S.
§ 38-511.
22.3
Failure of Legislature to Appropriate. In accordance with A.R.S. § 35-154, if ASU’s performance
under this Agreement depends on the appropriation of funds by the Arizona Legislature, and if the
Legislature fails to appropriate the funds necessary for performance, then ASU may provide written
notice of this to Client and cancel this Agreement without further obligation of ASU. Appropriation is a
legislative act beyond the control of ASU.
This Agreement may be terminated by Maricopa County at the end of any fiscal year due to
nonappropriation of funds without any penalty or liability to Maricopa County. Maricopa County’s fiscal
year ends June 30th and State and Federal fiscal years end September 30th. ASU and/or any of its
employees, agents, officers, directors, members, successors or assigns hereby waives any and all rights
to bring any claim against Maricopa County or its employees, agents, officers, directors, members,
successors or assigns from or relating in any way to Maricopa County’s termination of this Agreement.
22.4
Responsibility. Each party is responsible for the negligent or willful acts or omissions of its
employees and agents when acting under such party’s direction and supervision. ASU and Client recognize an
obligation to pay attorneys’ fees or costs only when assessed by a court of competent jurisdiction.
Notwithstanding the terms of this Agreement or any other document: (i) other than for employees and agents
acting under ASU’s direction and supervision, ASU is not responsible for any actions of any third parties,
including its students; and (ii) no person may bind ASU unless they are an authorized signatory in PUR 107,
which is located at the following link: https://www.asu.edu/aad/manuals/pur/pur107.html.
22.5
Title IX Obligation. Title IX protects individuals from discrimination based on sex, including
sexual harassment. ASU fosters a learning and working environment built on respect and free of sexual
harassment. ASU’s Title IX Guidance is available online at An Environment of Respect. Client will: (i) comply
with ASU’s Title IX Guidance; (ii) provide ASU’s Title IX Guidance to any Client personnel reasonably expected
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to interact with ASU students or employees, in person or online; and (iii) ensure that all Client personnel comply
with ASU’s Title IX Guidance.
22.6
No Boycott of Israel. To the extent required by A.R.S. § 35-393.01, Client certifies it is not
currently engaged in a boycott of Israel and will not engage in a boycott of Israel during the term of this
Agreement.
22.7
Federal Disclosure Requirements. Client acknowledges and agrees that: (1) federal agencies
that provide funding for research may require disclosure of contracts pursuant to Section 223 of the National
Defense Authorization Act (NDAA), Section 117 of the Higher Education Act of 1965, as amended (HEA), and
National Security Presidential Memorandum 33 (NSPM-33) (collectively, “Federal Disclosure Requirements”);
and (2) nothing in this Agreement shall prevent ASU from disclosing the Agreement to federal agencies
pursuant to the Federal Disclosure Requirements.
22.8
Records. To the extent required by A.R.S. § 35-214, Client will retain all records relating to this
Agreement and make those records available at all reasonable times for inspection and audit by ASU or the
Auditor General of the State of Arizona during the term of this Agreement and for a period of five years after
the completion of this Agreement. The records will be provided at Arizona State University, Tempe, Arizona,
or another location designated by ASU on reasonable notice to Client.
23.
Scope of Section 23. This Agreement does not contemplate that the Client or its personnel will be
present on an ASU campus or use ASU equipment. However, the parties agree that in the event that Client or
its personnel are present on an ASU campus and/or use ASU or Center’s space and/or equipment, all provisions
of this Section will apply, as well as any related provisions in exhibits hereto.
23.1
Liability. Client will conduct its activities in a careful and safe manner. As a material
part of the consideration to ASU, Client assumes all risk of damage to and loss or theft of Client’s
property while at ASU, damage to ASU space, and injury or death to persons related to Client’s
use of property, use or occupancy of the space in, upon, or about the space from any cause, and
Client waives all claims against ASU. Client further agrees to indemnify and hold harmless ASU,
ABOR, the State of Arizona and their officers, regents, agents and employees, against all claims,
suits, liabilities, costs, damages and expenses (including reasonable attorneys’ fees) arising out of
or in connection with: (i) Client’s use of property, use or occupancy of the space, or any activity or
thing done, performed or suffered by Client, its agents, its employees, licensees, invitees or
persons attending or participating in Client’s activities and use of property and in or about the
space; or (ii) any loss, injury, death or damage to persons, property, or the space on or about the
space by reason of any act, omission or negligence of Client, or any of its agents, contractors,
employees, licensees, or invitees; or (iii) any breach or default in the performance of any obligation
on Client’s part to be performed under the terms of this Agreement. Client’s indemnity obligations
will not extend to any liability to the extent caused by the negligence or misconduct of ASU or its
agents or employees. Client’s obligations and liabilities under this Section will survive the
expiration or early termination of this Agreement.
23.2
Insurance, Indemnity. Client, at its expense, will procure and maintain during the
term of this Agreement a policy of commercial general liability insurance in an amount of not less
than One Million Dollars ($1,000,000), single limit, Two Million Dollars ($2,000,000), general
aggregate, against claims for bodily injury, death and property damage occurring in connection
with Client’s use of property and space at ASU. All insurance required pursuant to this Section
must name ABOR, ASU, and the State of Arizona as additional insureds and must contain a waiver
of subrogation against ABOR, ASU, and the State of Arizona. Client will procure and maintain
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Workers’ Compensation insurance with statutory limits, unless Client is exempt under A.R.S. § 23-
901 and executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.
23.3
Weapons, Explosive Devices and Fireworks; Tobacco. ASU’s Weapons, Explosives
and Fireworks policy prohibits the use, possession, display or storage of any weapon, explosive
device or fireworks on all land and buildings owned, leased, or under the control of ASU or its
affiliated entities, in all ASU residential facilities (whether managed by ASU or another entity), in
all ASU vehicles, and at all ASU or ASU affiliate sponsored events and activities, except as provided
in A.R.S. §12-781 or unless written permission is given by ASU’s Police Chief or a designated
representative. Client will notify all persons or entities who are employees, officers,
subcontractors, consultants, agents, guests, invitees, or licensees of Client of this policy, and Client
will enforce this policy against all such persons and entities. ASU’s Weapons, Explosives, and
Fireworks Policy is located at the following link: http://www.asu.edu/aad/manuals/pdp/pdp201-
05.html. ASU is tobacco-free. For details visit https://eoss.asu.edu/tobaccofree.
23.4
Training. Client understands that Center regulations require certification prior to use
of Center equipment and that Client employees must be certified to use Center equipment.
Center reserves the right to determine if such use or presence is appropriate and Center reserves
the right to charge an additional fee for any training services. Before access to the Center’s labs
may be given, Client employees must complete fire safety and prevention, laboratory safety, and
hazardous waste management training followed by yearly refresher trainings and/or any other
applicable training courses required by Center or ASU’s Environmental Health and Safety
department.
24.
Counterparts. This Agreement may be executed in one or more counterparts, each of which will be
deemed an original, but all of which taken together will constitute one and the same instrument, and
photocopy, facsimile, electronic and other copies will have the same effect for all purposes as an ink-signed
original.
[SIGNATURES ON NEXT PAGE.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized
representatives on the respective dates entered below.
THE ARIZONA BOARD OF REGENTS
FOR AND ON BEHALF OF
ARIZONA STATE UNIVERSITY
MARICOPA COUNTY
By:
By:
Name: Robert Weidenbau,
Name: Kate Brophy McGee
Title: Director, Contracts – KE Research Operations
Title:
Chair, Board of Supervisors
Date:
Date:
ATTEST:
_________________________________________
Clerk of the Board Date
Approved as to Form
_________________________________________
Deputy County Attorney
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EXHIBIT A
Scope of Work
This Scope of Work, dated July 1, , 2026, is issued pursuant to, made part of, and governed by the Services
Agreement, Effective Date (“Agreement”), by and between Maricopa County, a political subdivision of the state
of Arizona (“Maricopa” or “Maricopa County”), for and on behalf of Maricopa County Department of
Emergency Management (“MCDEM”), and The Arizona Board of Regents for and on behalf of Arizona State
University (“ASU”) and its Watts College Center for Emergency Management and Homeland Security
(“Center”).
1. Contact Details.
Point of Contact for ASU:
Point of Contact for Client:
Attention: Brian Gerber, Co-Director
Attention: Richard Peel, Deputy Director
Arizona State University
1325 N. Fiesta Blvd.
411 N. Central Avenue
Gilbert, AZ 85233
Phoenix, AZ 85004
[Address]
Email: brian.gerber@asu.edu
Email: Richard.Peel@Maricopa.Gov
2. Scope of Work.
Project Overview:
Maricopa County and all participating jurisdictions are required to review and update their Hazard Mitigation
Plan every five years. This project will be an update to the 2021 Maricopa County Multi-Jurisdictional Hazard
Mitigation Plan (MCMJHMP). The planning area consists of all at-risk cities and unincorporated areas of
Maricopa County that surround public lands.
Requirements:
The MCMJHMP must be developed in compliant with Section 322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988 (Stafford Act), 42 U.S.C. 5165, as amended by Section 104 of the Disaster
Mitigation Act of 2000 (DMA 2000) Public Law 106-390 enacted October 30, 2000. The regulations governing
the mitigation planning requirements for local mitigation plans are published under the Code of Federal
Regulations (CFR) Title 44, Section 201.6 (44 CFR §201.6). Minimum requirements for tribal mitigation plans
are published under CFR Title 44, Section 201.7 (44 CFR §201.7). Plan requirements outlined in the Federal
Emergency Management Agency’s (FEMA) Local Mitigation Planning Policy Guide, 2025, must be met.
General:
Maricopa County and participating jurisdictions are required to review and revise its plan to reflect
changes in development, progress in local mitigation efforts and changes in priorities and resubmit it
for approval to continue to be eligible for mitigation project grant funding.
The MCMJHMP 5-year update must be developed collaboratively by local and state government
representatives in consultation with federal agencies and interested parties.
The contractor shall perform research and data collection to update the hazard profiles and risk
assessments.
Hazards selected by the planning team will include natural and man-made or technical hazards.
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Planning meetings will be conducted in person and remote based on the needs of the planning team
members and Maricopa County Department of Emergency Management.
At least two public meetings will be conducted with the contractor and planning team prior to the
plan’s submission for formal review to be conducted virtually. At least one period of a draft plan will
be made publicly available online with opportunity for public comment with documentation of how
public feedback was included in the planning process.
An online based document storage system will be provided by the vendor for each jurisdiction to utilize
for document retrieval, submission, and plan development.
The final approved MCMJHMP will be provided digitally to all participating jurisdictions
Maricopa County will own and have access to all plan and map data, and information developed in
the MCMJHMP
The final draft of the MCMJHMP shall be completed by the contractor and made available to all
participating communities and agencies for approval and/or implementation within (11) months of
Notice to Proceed. It is desired that the plan be completed by the contractor and made available to
all participating communities and agencies for approval and/or implementation within (6) months of
Notice to Proceed.
Federal Emergency Management Agency’s (FEMA) Local Mitigation Planning Policy Guide, 2025. The contractor
with assistance from the planning team shall ensure the following Plan Elements have been met:
Plan Element A: Planning Process
A1-a. The plan must describe the current planning process. Documentation requirements typically are met
with a narrative description but may also include other records such as copies of meeting minutes, sign-in
sheets or newspaper articles. When a narrative description is provided, supporting documentation such as
meeting minutes, sign-in sheets, etc., does not need to be included in the plan itself. Planners are encouraged
to retain supporting documentation in a Plan Appendix as a record of how decisions were made and who was
involved.
A1-b. The plan must list the representatives from each of the participants in the current plan that will seek
approval, and how they participated in the planning process.
A2-a. The plan must provide documentation of an opportunity for stakeholders to be involved in the current
planning process. Documentation of this opportunity must identify how each of the following types of
stakeholders were presented with this opportunity, as applicable.
1. Local and regional agencies involved in hazard mitigation activities:
2. Agencies that have the authority to regulate development:
3. Neighboring communities
4. Representatives of businesses, academia, and other private organizations:
5. Representatives of nonprofit organizations, including community-based organizations.
A3-a. The plan must document how the public had an opportunity to be involved in the current planning
process, and what that participation entailed. The opportunity must occur during the plan’s development,
which means prior to the plan’s submission for formal review. In addition, the plan must document how public
feedback was included throughout the planning process.
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A4-a. The plan must document what existing plans, studies, reports and technical information were reviewed
and how they were incorporated, if appropriate, into the development/update of the plan.
For jurisdictions with structures for which National Flood Insurance Program (NFIP) coverage is available,
regulatory flood mapping products6 are required to be incorporated, if appropriate.
Plan Element B: Hazard Identification and Risk Assessment
B1-a. The plan must include a description of all natural hazards that can affect the jurisdiction(s) in the planning
area and their assets, such as dams, located outside of the planning area. This requirement may be met with
either a narrative description or definition.
The plan must provide the rationale if omitting any natural hazards that are commonly recognized to affect the
participant(s) in the planning area. There is no prescribed method for explaining the omission, but the plan
must demonstrate the lack of risk to the participant(s) that omits the hazard.
B1-b. The plan must include information on location for each identified hazard.
B1-c. The plan must provide the extent of the hazards that can affect the planning area. When describing extent
using charts or scales (e.g., Saffir-Simpson scale for hurricane wind speed; Enhanced Fujita scale for tornado),
the plan must document how the scale applies to each jurisdiction.
B1-d. The plan must include information on previous hazard events for each hazard that affects the planning
area. At a minimum, this includes any state and federal major disaster declarations for the planning area since
the last update.
B1-e. The plan must include the probability of future events for the identified hazards that can affect the
planning area. Probability may be met in a variety of ways; however, general descriptors must be quantitatively
defined.
Probability must include the type, location and range of anticipated intensities of identified hazards.
B1-f. For multi-jurisdictional plans, when hazard risks differ across the planning area and between participating
jurisdictions, the plan must specify the unique and varied risk information for each applicable jurisdiction and
their assets outside the planning area.
B2-a. The plan must describe the vulnerability of each participant to the identified hazards. The description
must include current and future assets (including people) and the risk that makes them susceptible to damage
from the identified hazards.
For plan updates, the risk assessment must meet element E1-a.
The risk assessment must describe the vulnerability of plan participant(s) to each identified hazard. The
vulnerability description must include a summary (such as a problem statement) of the hazard and its
consequences or effects on the participant(s) and their assets. A list of assets without context is not sufficient.
B2-b. The plan must describe the potential impacts on each participating jurisdiction and its identified assets.
B2-c. The plan must address repetitively flooded NFIP-insured structures by including the estimated numbers
and types (residential, commercial, institutional, etc.) of repetitive/severe repetitive loss properties.
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Plan Element C: Mitigation Strategy
C1-a. The plan must describe how the existing authorities, policies, programs, funding and resources of each
participant are available to support the mitigation strategy. This must include a discussion of the existing
building codes and land use and development ordinances or regulations. Capabilities may be described in a
table or narrative.
C1-b. The plan must describe the ability of each participant to expand on and improve the capabilities described
in the plan.
If the participants do not have the ability or authority to expand and/or improve their capabilities, the plan
must describe this lack of ability or authority.
C2-a. The plan must describe participation in the NFIP for each participant, as applicable, in accordance with
NFIP regulatory requirements. The following information must be provided for each participant.
1. Adoption of NFIP minimum floodplain management criteria via local regulation.
2. Adoption of the latest effective Flood Insurance Rate Map (FIRM), if applicable.
3. Implementation and enforcement of local floodplain management regulations to regulate and
permit development in SFHAs.
4. Appointment of a designee or agency to implement the addressed commitments and requirements
of the NFIP.
5. Description of how participants implement the substantial improvement/substantial damage
provisions of their floodplain management regulations after an event.
Simply stating, “The community will continue to comply with the NFIP” is not sufficient to meet the
requirement.
Jurisdictions not currently participating in the NFIP, where a Flood Hazard Boundary Map or FIRM has been
issued, may meet this requirement by describing why the community does not participate in the NFIP.
C3-a. The plan must include goals to reduce the risk of the identified hazards. The goals must be consistent
with the hazards identified in the plan. Goals may be presented as general statements applying to more than
one hazard, or they may be itemized to each of the identified hazards.
C4-a. The mitigation strategy must include an analysis of a comprehensive range of actions or projects that the
participants considered to specifically address vulnerabilities identified in the risk assessment.
Actions considered must emphasize reducing risk to existing buildings, structures and infrastructure, as well as
limiting risk to new development and redevelopment.
C4-b. Each plan participant must identify one or more mitigation actions the participant(s) intends to
implement for each hazard addressed in the risk assessment.
The actions must be achievable and demonstrate how the mitigation activities reduce the risks identified in
the risk assessment.
C5-a. The plan must describe the criteria used for prioritizing the implementation of the actions. The criteria
must include an emphasis on the extent to which benefits are maximized, in relation to the associated costs of
the action.
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C5-b. The action plan must identify who is responsible for administering each action, along with the action’s
potential funding sources and expected time frames for completion.
The plan must provide the position, office, department or agency responsible for implementing/administrating
the identified mitigation actions. Names are not required, but the plan must provide enough detail for users to
determine who within the jurisdiction will implement or administer the mitigation action.
Plan Element D: Plan Maintenance
D1-a. The plan must describe how the participant(s) will continue to seek public participation after the plan
has been approved and during the plan’s implementation, monitoring, and evaluation.
D2-a. The plan must identify how, when and by whom the plan will be tracked for implementation over its five-
year cycle (monitoring).
D2-b. The plan must identify how, when and by whom the plan will be assessed for effectiveness at achieving
its stated purpose and goals (evaluating).
D2-c. The plan must identify how, when and by whom the plan will be reviewed and revised at least once every
five years (updating).
D3-a. The plan must describe the community’s process to integrate the plan’s data, information, and hazard
mitigation goals and actions into other planning mechanisms.
D3-b. The plan must identify the local planning mechanisms where hazard mitigation information/ actions may
be integrated. The identified list of planning mechanisms must be applicable to the plan participant(s) and not
contradict the identified capabilities.
D3-c. A multi-jurisdictional plan must describe each participant's individual process for integrating information
from the mitigation strategy into their identified planning mechanisms.
Plan Element E: Plan Update
E1-a. The plan must describe changes in development that have occurred in hazard-prone areas and how they
have increased or decreased the vulnerability of each jurisdiction since the previous plan was approved. If no
development changes affected the jurisdiction’s overall vulnerability, this must be stated with the plan.
E2-a. The plan must describe how it was revised due to a change in priorities for each jurisdiction. This can be
done as a narrative or with detailed statements in the appropriate sections of the plan. The priorities to be
considered are defined by the participant(s). If the participant(s) has no change in priorities since the last
approval of the mitigation plan, this must be stated.
E2-b. The plan must describe the status of all hazard mitigation actions in the previous plan by identifying
whether they have been completed or not, for each jurisdiction. For actions that are not complete, the plan
must state whether the action is no longer relevant or will be included in the updated action plan.
E2-c. The updated plan must explain how the jurisdiction(s) integrated information from the mitigation plan
into other planning mechanisms, as a demonstration of progress in local hazard mitigation efforts. If
information from the previous plan was not integrated into other planning mechanisms, this must be stated.
Plan Element F: Plan Adoption
F1-a. The jurisdiction must provide documentation of plan adoption, usually a resolution by the governing body
or other authority, to receive approval.
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Documentation may be provided in the form of meeting minutes, resolutions, signed letter or any other
method to demonstrate that official adoption by the participant has occurred.
F2-a. To receive approval, the participants must adopt the plan and provide documentation that the adoption
has occurred.
Participants that submit their adoption documentation separately from the other multi-jurisdictional plan
participants will not receive a new expiration date.
Participating jurisdictions that adopt the plan more than one year after Approvable Pending Adoption (APA)
status has been issued must either:
1.
Validate that their information in the plan remains current with respect to both the risk assessment
(no recent hazard events, no changes in development) and their mitigation strategy (no changes
necessary); or
2.
Make the necessary updates before submitting the adoption resolution to FEMA.
Plan Element G: High Hazard Potential Dams
To meet this requirement with a specific focus on HHPDs, the mitigation plan must include descriptions of:
HHPD1-a: How the local government coordinated with local dam owners and/or the state dam safety agency.
NOTE: Ensure sensitive and/or personally identifiable information is protected.
HHPD1-b: Information shared by the state and/or local dam owners. Examples may include:
1.
Location and size of the population at risk, as well as potential impacts to institutions and critical
infrastructure/facilities/lifelines.
2.
Inundation maps, emergency action plans, floodplain management plans and/or data or summaries
provided by dam breach modeling software, such as HEC-RAS, DSS-WISE HCOM, DSS-WISE Lite, FLO-
2D, as well as more detailed studies.
To meet this requirement with a specific focus on HHPDs, the mitigation plan must:
HHPD2-a: Describe the risks and vulnerabilities to and from HHPDs, including:
1.
Potential cascading impacts of storms, seismic events, landslides, wildfires, etc. on dams that might
affect upstream and downstream flooding potential.
2.
Potential significant economic, environmental or social impacts, as well as multi-jurisdictional impacts,
from a dam incident.
3.
Location and size of populations at risk from HHPDs, as well as potential impacts to institutions and
critical infrastructure/facilities/lifelines.
4.
Methodology and/or assumptions for risk data and inundation modeling.
HHPD2-b: Document the limitations and describe the approach for addressing deficiencies.
To meet this requirement with a specific focus on HHPDs, the mitigation plan must:
HHPD3-a: Address a reduction in vulnerabilities to and from HHPDs as part of its own goals or with other long-
term strategies. The plan does not need to include a goal specific to HHPDs alone.
HHPD3-b: Link proposed actions to reducing long-term vulnerabilities consistent with the goals.
Element G: High Hazard Potential Dams
To meet this requirement with a specific focus on HHPDs, the mitigation plan must:
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HHPD4-a: Describe a range of specific actions, such as:
1.
Rehabilitating/removing dams.
2.
Adopting and enforcing land use ordinances in inundation zones.
3.
Elevating structures in inundation zones.
4.
Adding flood protection, such as berms, floodwalls or floodproofing, in inundation zones.
HHPD4-b: Describe the criteria used for prioritizing actions related to HHPDs.
HHPD4-c: Identify the position, office, department or agency responsible for implementing and administering
the action related to mitigating hazards to or from HHPDs.
Resources
Existing research, data, reports, and maps from Maricopa County Department of Emergency Management are
readily available for use by the contractor. Sources of data include, but not limited to, the Arizona State Land
Department, Arizona Department of Water Resources, Arizona Department of Emergency and Military Affairs,
Arizona Geological Survey, Arizona State Emergency Response Commission, US Census Bureau, National
Weather Service, and others
COMPLIANCE WITH WEB CONTENT ACCESSIBILITY GUIDELINES (WCAG)
ASU agrees and warrants that all of its web content services and products and all of its mobile apps services
and products, covered under this Agreement, and in all languages provided, comply with Level A and Level AA
success criteria and conformance requirements specified in the Web Content Accessibility Guidelines (WCAG)
2.1(AA) or will be modified to be compliant prior to delivery or installation to County. ASU further agrees and
warrants that all web content services and products and all mobile apps services and products, in all languages
provided, shall remain in full compliance with the above WCAG success criteria and conformance requirements
during the term of the Agreement. ASU agrees to immediately notify County in the event it becomes aware
that any web content services and products or any mobile apps services and products provided under this
Agreement become non-compliant with the above WCAG success criteria and conformance requirements, if
applicable. In such an event, ASU agrees it will work to remediate any identified compliance deficiencies and
will notify County concerning the estimated remediation completion date. Upon request, ASU shall provide
County with documentation, including but not limited to a third-party assessment certificate, substantiating
compliance of the services or products with the above WCAG success criteria and conformance requirements
and any other applicable governmental regulations regarding accessibility. Non-compliance with the above
WCAG success criteria and conformance requirements will be deemed a material breach of the Agreement and
the County may immediately terminate the Agreement or impose other legal remedies at the County’s
discretion, including suspension of services and/or products. The County reserves the right to audit ASU’s
compliance with the above WCAG success criteria and conformance requirements. The ASU will indemnify,
defend, and hold harmless the County against any third-party claims arising from the ASU ’s non-compliance
with the above WCAG success criteria and conformance requirements.
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IN WITNESS WHEREOF, the parties have executed this Scope of Work as of the date first set forth above.
THE ARIZONA BOARD OF REGENTS
FOR AND ON BEHALF OF
ARIZONA STATE UNIVERSITY
MARICOPA COUNTY
By:
By:
Name: Robert Weidenbaum
Name: Kate Brophy McGee
Title: Director, Contracts – KE Research Operations
Title:
Chair, Board of Supervisors
Date:
Date:
ATTEST:
_________________________________________
Clerk of the Board Date
Approved as to Form
_________________________________________
Deputy County Attorney
SA V042426 18
EXHIBIT B
Rates and charges / Total Compensation and Payment Schedule
The total compensation under this Agreement shall not exceed One Hundred Sixty Thousand Dollars
($160,000). The term of this Agreement shall commence on Effective Date, and continue through
November 30, 2027.
ASU shall invoice Maricopa County on a periodic basis for Services performed during the Agreement
term. The total amount invoiced and paid under this Agreement shall not exceed $160,000. The
anticipated payment schedule is as follows:
Billing Period
Invoice Amount
July 30, 2026 – November 30, 2026
$40,000
December 1, 2026 – March 31, 2027
$40,000
April 1, 2027 – July 31, 2027
$40,000
August 1, 2027 – November 30, 2027
$40,000
Total
$160,000
ASU shall submit an invoice following the completion of each billing period. Invoices are due and
payable within thirty (30) days of receipt. Actual costs billed shall be supported by Services performed
during the applicable billing period, provided that the total compensation paid under this Agreement
shall not exceed $160,000.
To ensure reimbursement, prior approval must be obtained from MCDEM. Upon execution of this
Agreement by both parties, funds in the amount of $160,000 shall be encumbered for payment to ASU.
All Services and final invoices must be completed no later than November 30, 2027.