C-0345-23 MARICOPA COUNTY DEPARTMENT OF EMERGENCY MANAGEMENT_GDY_SIGN_ONLY.PDF

AG REEM ENT/CONTRACT COVER SH EET
Th is form alonS with the original executed agreement/contract must be submitted to the City Clerk's Office.
The Department contact listed below will be notified once the document(s) is available inOpenText.
ASSIGNED CONTRACT NO, C- 23-0345
I, ROUTING & APPROVALS
Mailing Address
Department
Bid/RFP Number
Start Date
Cou ncil Meeting Date
Link contract to -
ls this contract budgeted for? Yes
ls this contract obtained in accordance with the
City's procurement policies?
lnsura nce Certificate
Bid Bond
Performance Bond
Payment Bond
Yes
ln itia ls/Date Reviewed
Scanned into OpenText
Completed by
AP
02106/23
Contract Type Contracl 
Other
Does this contract need to be recorded with the Maricopa County Recorder's Office?
N/A
Project Name
lntergovernmental Agreement with Regional Emergency
Operations Management
Maricopa County Department of Emergency Management
Business/Contractor Name
Contact- Name & Phone
5630 East McDowell Rd, Phoenix AZ. 85008
Chooso Oepl Fire
Contract Amount 
$ 6,464.00
End Date
$nonois 
Agenda ltem 
Al- 1340
Cx-4405-1 8i Cx-341 7-16; CX-2496-1 3
Please contact Jessie Hovland x7057 when ag.eement is siSned. The Fire Department willsubmit the
Additional COmments aSreernent to the County for siSnatures.
III. PROCUREMENT&INSURANCEREVIEW PROCUREMENTfl-
To be completed by Procurement.
All contracts are routed through Finance and Legal Services. Finance will assign a contract number.
lGAs, Easements, Lease/Property Acquisition and Development Agreements DO NOT require
procurement review. Contracts for Council approval must be reviewed and signed off by Procurement
or the City Manager & City Attorney prior to going to Council.
IV, CITY CLERK REVIEW
Retention
Destruction
lnataals/Approval Date
Name & Extension:Jessie Hovland x7057
city Attorney: Anthony Polse
Procu rement: Jacque Behrens
City Manager: Wynette Reed (if opplicoble)
II. GENERAT INFORMATION
To be completed by Department/Project Manager

INTERGOVERNMENTAL AGREEMENT FOR
RI]GIONAL I]MERGEN('Y OPERATIONS MANAGEMENT AND
DISASTER SERVICES BETWEEN MARI('OPA ('OUNTY. ARIZONA
AND THII CITY OF GOODYEAR, ARIZONA
s1',\T[rt'oRY A t'1'tI ORt 7-.\l'I O\
('ounty and Public Agency are empowered by A.R.S. sections I l-951 et seq. and A.R.S. section
26-308 (A) and (B) to enter into this Agleement,
Ii.\( K(; Ii( ) t \t)
WHEREAS, there is an existing possibility of the occurrence of disasters of unprecedented size
and destructiveness resulting from natural, technological, national security or other causes; and
WHEREAS, the parties mutually desire that preparation shall be adequate to provide for the
common defense against disaster; and
WHEREAS, the parties mutually desire to assure the coordinated preparation and execution of
emergency management programs and plans for the preservation of life and property when disasters occur
in accordance with the guidance set forth in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5l2l -5207; Post Katrina Emergency
Management Reform Act of 2006, Public Law 109-295; applicable Federal Emergency Management
Guides and Directives; and applicable State ofAnzona Emergency Plans:
NOW. THEREFORE, in consideration of the mutual covenants contained herein, it rs hereby
agreed by and between County and Public Agency as follou,s:
t)E t-t NIl'toNS
l. For purposes of this Agreement, the term "public agency" shall have the same definition as that
contained in A.R.S. $ ll-951.
2. "Participating Public Agencies" means lhose public agencies, which have active agreements for
Disaster and Emergency Management Sen'ices with County.
3. "Total Budget" nreans the Maricopa County Departmenl of Emergency Managemenl's General Fund
and Grant Fund expenditure budgcts as adopted by the Maricopa County Board of Supervisors, plus
baseline intemal central sen'ice charges, for the Preceding Fiscal Year. Budgeted fund balance
expenditures, annual maintenancc cost lor the comprehensive emcrgcncy nranagement tool and capital
items are not included in thc "Total Budgeted" calculation.
4. "Local Budget" means the Total Budget less any contributions or reimbursements to that budget from
the federal govemmenl.
This Regional Disaster and Emergency Management Services Agreement ("Agreement") goes inlo elfect
on the l'r day of July 2023 (the "Effeclive Date"), by and between Maricopa Clounty, a political subdivision
of the State ol'Arizona ("County"), and the City of Goodyear, a public agency of the State ol Arizona
("Public Agency").

5. "Preceding Fiscal Year" means the year imrnediately proceeding the fiscal year for rrhich a
partlcipating public agency's annual assessment is being determined. Annual Assessments are based
on the proceeding year's Local Budget. For example, a public agency's annual assessment for FY2024
is based on the Maricopa County Department of Emergency Managetnent's Local Budget for FY2023.
6. "Capital ltenrs" means fixed assets such as fumiture, computers, etc., whrch shall remain the property
of the County. Capital rtems r,"'ill physically remain with County, which shall bear the risk of rlamage
therelo or loss thereof.
7. "Population" means the most recent U.S. census figure for each Participating Public Agencl . This
figure is nonrally calculated every l0 years, but if a supplementary census is conducted out ol the l0
year cycle, the supplementary census numbers will be used, provided that all participaring public
agencies are included in the supplemenlary census.
l'l.R\lS O }.\(; R l lhl l I'-\ 1
l. ('0untv Oblirations
C'ounlv shall
a. Prepare and maintain a county Emergency Operations Plan or Plans ("EOP") with due
consideration of hazards that affect all areas in the County.
b. Advise and assist Public Agency in the development, review, update, publication, and
distribution ofan EOP developed by Public Agency.
c. Advise and assist Public Agency in the developmen(, review, update, publication, and
distribution of Continuity of Operations Plans
d. Advise and assist Public Agency in the development, review, update, publication, and
distribution of a Multi-Hazard Mitigatlon Plan.
e. Advise and assist Public Agency in the development, review, update, publication, and
distribution of a Community Wildfire Protection Plan.
f. Advise and assisl Public Agency with the disaster and emergency management training ofsuch
employees as Public Agency shall designate.
g. Provide and maintain a coordinated countlrvide emergency management program for
extraordinary operational systems not provided for in normal govemmental oper ttions,
including: Waming Systems, Communications System, comprehensive emet gency
management and planning, and an Emergency Operations Center.
h. Provide and maintain, and issue access to a comprehcnsive emergency management so lware
tool to cxpcdilc lhc cmergency operations cenlcr processes.
i. Develop and maintain a countywide comprehensive electronic interactive resource datahasc of
govemment owned and other rcsources available 1'or use in the evcnt of'a disaster.
j. 
Providc assistance with local emergency declarations and obtaining Fedcral and / or Statc funds
available to Public Agency lor cmergency managemenl and disaster purposes.

k. Advise and assist Public Agency in the timely preparation ofreports and other documentation
required by the state and / or federal govemments for emergency management purposes.
L Offer coordination assistance to Public Agency for major evenls or disasters affecting Public
Agency.
m. In its sole discretion, have the option to act as a backup EOC for partner cities
n. Assist Public Agency in the design, development, delivery, and after aclion reporting of
exercises scheduled by Public Agency to test its disaster response capability.
Advise and assist Public Agency with em€rgency sheher assessments and Americans with
Disabilitres Act compliance.
o. Advise and assist Public Agency in complying with the provisions of Title 26, Ch^pter 2,
Arizona Revised Statutes, and State policies and procedures.
p. Advise and assist Public Agency with public awareness and education including but not limited
lo:
( l) providing disaster response pamphlets handouts to Public Agency emergency management
personnel for later distnbution to the public.
(2) delivering disaster response pamphletsftrandouts to libranes, community centers, and
senior centers located in Public Agency.
(3) Coordinating with Public Agency to assist with public outreach activities on disaster and
emergency-related subjects lo schools, civic groups and similar organizations.
(4) Coordinating with Public Agency to assist with public outreach activities such as staffing
information booths at fairs, safety days and similar events.
q. Notiry Public Agency of its annual assessment for each upcoming fiscal year no later than
March I ofthe Preceding Fiscal Year.
r. Assist Public Agency x'ith other disaster and emergency managemenl programs as may be
agreed upon.
2. Public Aqencv Oblisations
Public Agency shall:
a. Develop, publish and distribute an EOP which is complementary to and compatible with
County's EOP.
b. Develop and conduct such emergency management training programs and exercises as it deems
necessary.
c. Have the option to act as a backup to the Counly ifit needs an alternate location.
d. Collect and provide disaster and emergency management information, such as annual NIMS
reporting, when so required by the state or federal govemmenl.
l

During each fiscal year (July I to June 30) ofthe temr olthis Agreement. pay to County an
annual assessment to be determined as lollou's:
(l) County will pay 50% ofthe Local Budget plus that portion of the Local budget allocated
to Capital ltems.
(2) The remainder of the Local Budget will be paid by the participating public agencies.
(3) Public Agency's annual assessment shall be determined by dividing Public Agency's
Population by the Total Population of the participating public agencies and then
rnultiplying the quolient by that portion of the Local Budget allocated to the participating
public agencies in the preceding paragraph.
(4) Public Agencies will pay a fixed amount based on the actual annual maintenance cost of
comprehensive emergency management tool. The total annual maintenance will be divided
by all Participating Public Agencies equally.
3. This Agreement supersedes any and all agreements, either u.ritten or oral, between the parties hereto
wilh respect to lhe subject matler contained herein and contains all the covenants and agreements
between the parties with respect to the rendering of disasler and emergency management services.
Except as otherwise provided herein, any effective modification must be in writing signed by both
parties.
4. The parties acknowledge that this Agreement is subject to cancellation pursuant to A.R.S. $38-51L
5. In lhe event ofany controversy, which may arise out ofthis Agreement, the parlies agree that the malter
shall be arbitrated as provided in A.R.S. $12-1518(A). The method ofarbitration and the selection of
arbitrators shall be decided by the mutual agreemenl of the parries at such lime as arbitration services
are needed. This Agreement shall be govemed by and construed in accordance with the laws of the
State of Arizona.
6. The term of this Agreement shall commence on the Effective Date and continue until June 30. 2033,
unless sooner terminated as provided hercin. The Agreement may be tcmrinated by either party giving
written notice of such intention to the other party Dot less than ninety (90) days prior to June 30 of the
year during which the notice is grven, u,hich shall be the effective date ofthe termination.
7. To the extent provisions of A.R.S. $41 -4,101 are applicable, all Parties warrant to each Party that they
will comply with all Federal Immigration laws and regulations that relate to their employees and that
each now complies with the E-Verify Program under A.R.S. $23-214(A).
a. A breach of this warranty will be considered a nraterial breach ofthis Agreement and may subject
the breaching party to penalties up to and including termination of this Agreement.
b. All of the Parties relain the legal right to inspect the papers of any empkryee rvho $orks pursuant
to this Agreement or any relatcd subcontract 1o ensurc compliance with the warranty given above
Any Parly may conducl a random verification ofthe employment records ofany other Party to
ensure compliance with this \.\'arranty.
d. A Pany *'ill not bc considcrcd in matcrial brcach of this Agrccmenl if it cstablishes thai it has
conrplicd with thc cmployrnent vcrillcation provisions prescribcd by 8 USCA -s 1324(a) and (b) ol'
l

the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S
s23-214(A).
The provisions of this Article must be included in any conlract either Party enters inlo with any
and all of its contractors or subcontractors who provide services under this Agreement.
8. To the extent pemritted by law, each Party does hereby covenanl and agree to indemnify, defend, and
hold hannless the other Party, their elected officials, appointees, officers, employees, contractees, and
agents from and against any and all suits, actions, legal or adnrinistrative proceedings, claims,
demands or damages of any kind or nature relating to this Agreement which, are the result of any acl
or omission of the Party, its officers, employees, contractees, agents, and anyone acting under its
direction or control, whether intentional or negligent, in connection with or incident to this
Agreement. Failure of a Party to comply with the terms of this Agreement shall not provide the basis
of any third party action against any of the Panies.
9. Pursuant to A.R.S. 523-1022( D), for the purposes ofworker's compensation coverage, all employees
ofeach Party covered by this Agreement shall be deemed to be an employee ofall Parties. The
primary employer shall be solely liable for payment ofworker's compensation benefits.
10. Any notices required or pemritted to be given hereunder by either party to the other may be given by
personal delivery in writing or by regislered or certified mail, postage prepaid, with retum receipt
requested. Notices shall be addressed to the parties at the addresses appearing below, but each party
may change such party's address by uritten notice given in accordance with this paragraph. Notices
delivered personally will be deemed communicated as ofactual receipt; mailed notices will be deemed
communicated as ofthree (3) days mailing. Notices shall be addressed as follows:
To County to the attention ofl
To Public Agency to the attention of:
c
Director
Marie opa County Department of
Emergency Management
56-30 East McDowell Rd
Phoenix. AZ 85008
Emergency Manager
Fire Department
Crty of Goodyear
14455 West Van Buren St. Suite E-102
Goodyear, AZ 85338

I I . I f any provision ol this Agreenrcnt is held by a court of competent jurisdiction or applicable state or
I'ederal law and their implernenting regulations to be invalid, void or unenforceable, the remaining
provisions will nevertheless continue in full force and effect.
Daredthis AOt
tlhals
of
. 2023 _
Dated this _ day of _, 
2023_
ayor
For Counly:
TBD
Chairman, Board of Supervisors
The undersigned attomeys for the respective parties each hereby certily thal they have reviewed this
Agreemenl and find that it is in proper form, and within the power and authority granted to their respective
clients under the laws of the State of Arizona.
Atlomev
Deputl, CountY Attomcv
ek
(
ATI'trSl'
Darcie McCracken
Clerk
Juanita Garza
Clerk ofthe Board
(r